Can a Judge Compel a 2012 Injured Worker to Participate in Felony WorkComp Fraud Scam?

“… I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic…”

“Domestic enemies”….that seems to include the #WorkCompsters and their #WarOnWorkers, wouldn’t you think?

flag distress signal

 

Dear “Supplemental People” —-

US Constitutional 5th and 14th Amendments immediately come to mind, and the secret police type reports Grancell encourages to protect fraudulent medical reports of their payees seems to violate Article 14 of the California Constitution, for starters.

DO YOU HAVE ANY LEGAL CITATIONS TO SUGGEST TO INCLUDE IN MY RESPONSE TO THE JUDGE’S ORDER TO COMPEL ATTENDANCE AT AN ENT DOCTOR EVALUATION …

[Ear, nose and throat; general vicinity of the brain, but still not a brain doctor, but closer than an orthopedic surgeon, huh?]

…. AND YET ANOTHER NEURO-PSYCH EVALUATION, without causing the Defense to provide complete and accurate records, and allowing the Defense to write false cover letters to the doctors, and without allowing due process to injured worker to appear and plead for medical care and cessation of bullying, file churning and fraud, and with denials of requested ADA accommodations for appearance?

I found this on Facebook...seems true.  Is there Civil Code to go with it?
I found this on Facebook…seems true. Is there Civil OR Federal Code to go with it?

As defense is attempting to falsely claim this accident did not occur at work, is Wyndham Worldwide committing fraud, or is it just the Defense Firm personnel and the doctors they have involved in their chicanery via omission of medical records and misleading cover letters?  Now, if they say I did fall backwards on ice and hit my head real hard, as the DWC-1 statement on date of injury so indicates, and is signed by the Admin Manager, and they know I haven’t worked or been right since, then Wyndham appears to be only guilty of collusion to keep the dirty secrets, and human rights failures to come to the aid of an injured worker, and failures to hold their vendors accountable for bullying and egregious harm to an Injured Wyndham Worker.

Duration since Jan 9 2012
How can failures to provide medical care this long in WorkComp “Exclusive Remedy” BE LEGAL?  How many doctors have evaluated and made recommendations for denied medical care over this course? 35? 40? What’s next?   ASK ABOUT WORKERS COMP GRAVY TRAINS NOW

Back in 2013, I asked a Judge to authorize me to pay an hourly consult to a WorkComp lawyer, as indicated in the Christopher A. Ball book for Injured Workers, recommended on the WCAB site.  It is called California Workers’ Comp HOW TO TAKE CHARGE WHEN YOU’RE INJURED ON THE JOB.  The Judge declined; said it was against the law.

why mediate

I have dismissed 4 law firms that seemed very confused about the difference between a broken finger and a brain injury, so not a good fit for attempting to get medical care. I have accomplished more than all 4 of them on my own., and I have accomplished quite little.  So, that leaves me without legal counsel, with a brain injury, fighting organized crime, armed with the will to survive and the ability to type and blog.  Ain’t that nothing, America!

 

Ayres_Linda_Crush_1228aaMEDIATION FASTEST ROUTE

My response, this weekend, with a “DOR” will probably be called:

PETITION TO COMPEL RIGHT ACTION AND COMPLIANCE WITH LABOR CODE AND US CONSTITUTIONAL LAW in the case of Linda Ayres Vs. Wyndham Worldwide, et al

tbi and ice

As you know, on January 9, 2012, in efforts to help my co-workers get inside the office, during a snow storm, in which we were locked out, I told my manager I thought the window at my table might be unlocked, and we walked over to check the window.  It was locked.  My manager made it back to the side walk safely;  I slipped on ice and fell backwards, and hit my head very very hard.  I laid on the ground for I don’t know how long, my keys went flying and when my manager asked, “Are you ok?” I said, “No, I’m not.  I hit my head reallly reallly reallly hard.” Somebody took my briefcase inside the office but I had to go outside later to find my keys, that I do remember, because they were not in my handbag.

brain concussion tbi

After a little while, he helped me up.  I’m in sales.  We are ‘trained’ to leave our troubles at the door.  I dusted all the snow off of me, and went inside to attend the Sales Huddle.  My colleagues had a good laugh.  I forget who said it, but someone said, “Ewwwwwww, Linda has Fukushima Rads all over her now!”  (I had shared with them how radioactive snow is, as the snowflakes latch on to the radioactive isotopes like scavengers, and encouraged dodging the snow flakes, by any means necessary.)  I got “in trouble” for sharing this picture in the break room in 2011… I was told it was not very positive; it illustrates the impact of radiation poisoning.

Whats next Mom
Hello World! Ask About Fukushima Now http://askaboutfukushimanow.com/

 

Later, the Administrative Manager asked if I was going to see a doctor, and I said yes, and I asked, “Do I have to see any special doctor?”  He said, “Just see any doctor that accepts workers comp insurance” and he gave me an incomplete “DWC-1” form — he signed it, but it had no insurance company information on it, and no doctor could accept it, and the office did not return the doctor’s calls.

Remember, Wyndham staff did not offer to call 911 or even bother to take me or offer a ride to Urgent Care or an Emergency Room. Previously, I dropped everything and took a co-worker to Urgent Care as she was complaining of chest pains to everybody.  HR had no plan in place for dealing with such issues, either.  Perhaps staff is “too young or too stupid” to make life affirming decisions.

My guests, at the first wave tour, knew I was clearly dazed and confused, and they got their “gift” without any hard-sell….just gratitude that they were understanding about my confusion, as I told them I had slipped on ice and hit my head real hard that morning.

I went to the doctor after work, God only knows how I drove down that icy mountain road.  For some reason, I don’t know why, an hour trip took over two hours.  When I saw the chiropractor (I thought I just needed a little adjustment for my neck and back) but the doctor said I had a concussion.  I didn’t know what that meant.  He suggested I would feel like I’d been hit by a truck in a few days, but in a few weeks I’d probably be fine  He was right about feeling like I’d been hit by a truck.  I vaguely remember having to use both hands to lift my head up from bed, and I slept a lot –

WWW MMM 13

I went to the Urgent care a few days later, since someone told me people can die from head injuries; they could not take the DWC-1 form, but they kindly accepted the CIGNA employee health insurance (which CIGNA had to fax to them, since I couldn’t find the card).  I got lost going to that doctor’s office, then lost again going home waiting for CIGNA to fax them the card, and disoriented on return.  Defense likes to say that doctor said I wasn’t dizzy, disoriented or confused.  D’oh!  The office is less than 5 miles from home, in rural Yucca Valley.

I had already called the EAP – Employee Assistance Program — because I was so confused, couldn’t think, and was having trouble talking, and my words were slurring.  I haven’t had a drink or drug in over 28 years.  People said I sounded drunk.  Not a good sign.  EAP connected me with a clinical psychologist who referred me to a local neurologist (who refused to see me since it was work comp, at a scheduled appointment; his office perjured and said I failed to appear for appointment; I begged for help or at least a referral when they turned me away.

Webinar Ninja  Draft one  SURVIVING WORK COMP

Turns out, they were actually on what I later learned to be an MPN list…)  The rest of the blogs (https://askaboutworkerscompgravytrains.com/list-of-posts/ has the rest of the details; perhaps a law school may find it of interest; real lawyers don’t give a hoot, nor, apparently, do WorkComp Judges, complicit in the terrors I have experienced as a member of America’s Working Class, injured being a team player, kicked to the curb by the PROFITS BEFORE LIVES CROWD.

As many of you know, I am currently enrolled in the Coastline Community College State run ACQUIRED BRAIN INJURY PROGRAM.  It is a one to two year program, and it helping me tremendously, in learning compensatory skills, and in ‘resocialization’ — being in a community with other brain injury survivors is remarkable, and yes, we compare notes on the chicanery of the legal and insurance psychopaths—the stories are all quite similar.  We do need Nuremberg type trials, and this time, include the lawyers and their ilk.

I am learning a new software to compensate for cognitive impairments…. including loss of working memory…. I haven’t quite figured out how to get the images out of the software into the blog, so I have resorted to copy and paste.  I think you can see the big picture of what I am currently dealing with.  Future blogs may have better presentation, as I am currently studying how this software can make up for my loss of working memory.  It really helps me to see the ‘big picture’ again.

HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE
HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE

We are also learning about learning styles, and how our brain injuries impact our need to focus on strategies to be more “concrete sequential” in our new approach to life.  This software, with several other apps and devices, serves as cognitive aids.

My progress seems measurable, substantiated by the increase in blog views since June 2013…

Capture STATS  AS OF 7 24 2015  911 AM PDT

Bottom line, it’s just more dreadful fraud and legal chicanery.  I could just spit at the vileness of it all.  Anyway, If you have any suggestions on how to best approach the Judge.  I don’t really believe I can be compelled to participate in felony fraud in an ongoing workers compensation scam by  the defense firm and insurance carrier representing my employer, Wyndham Worldwide.

As many of you know, the medical care I have received, I have had to pay for myself, now exceeding over $43,000.  CNA refused to pay TTD benefits in 2012, shifted the cost burden to the State, then finally paid the State back in 2014, at a dramatic discount.  They said it’s legal because EDD “negotiated” a $49k payback to $31,000 payback.  I don’t think the State Controller knows, but lawyers and EDD tell me it “happens all the time.”  As a consequence, instead of “104 weeks of TTD” payable by Work Comp Carrier, followed by ” up to 52 weeks of State Disability” I got cheated out not only medical care that would have possibly facilitated return to work, but I had no income for months and months and months (translation; had to rely on Salvation Army for help!) but I got cheated out of the EDD “up to 52 weeks” and those funds went back to CNA for bottom line profits.

 

Capture ORDER TO COMPEL 1

.  .Capture ORDER TO COMPEL 2

It’s a brain storming tool, and helps compensate for impaired loss of working memory.

It’s a little embarrassing that I cannot figure out how to ‘export’ or ‘transfer’ this info as the software is designed to, but it does serve as an example of my creative work-arounds and compensatory strategies.   The outline text is below.

 

Remember, in my pre-brain-injury life, I was a Database Queen, I served years ago as an Executive Assistant to some serious Captains of Global Industries, and it took smarts and serious speed and cognitive functions to keep them organized, and my work included intense logistics, keeping them on meeting schedules, to private planes, yachts and limos, political events and more.  

So, when I read some of the fraudulent statements of some well paid insurance industry doctors, you might imagine how I could just spit at the audacity of these little thugs.  One government agent, as I told some of the tales of the corrupution and horrors I have been exposed to, asked, “How can they sleep at night?”  I said, “Psychopaths have no sleep problems.”

 

ORDER TO COMPEL  LIST

As many of you also know, I lost professional credentials due to the untreated brain injury.  I lost my Hawaii Real Estate Sales License, California Real Estate Broker’s license, and California Notary Commission.  While I have not hope to be able to restore my Hawaii license, I was able this year to reinstate my California Real Estate Broker’s license, and just yesterday, I took my Oath for my California Notary Commission.   Yes, I take my Oaths seriously, always have, always will:

“I, Linda Ayres, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

OATH BEFORE ORDERS

 

Remember remember also….  All Nuclear Reactors Leak All of the Time

“Have a wonderful radioactive weekend and don’t forget to Dodge the Rads, it’s dangerous out there!”

WE ARE THE MEDIA NOW (2)

Where are you going on your next vacation? Timeshare? Ask about how they treat their InjuredWorkers?

FEEL GOOD!  VACATION MORE NOW!
Where are you going on your next vacation?
FUKUSHIMA PROFITS BEFORE LIVES
Ask how your timeshare resort or local stationary nuclear weapons facility treats #InjuredWorkers?
Please send me a pretty postcard!
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
PO Box 835, Yucca Valley, CA 92286
~~~~~~~~~~~~~~~~~
LinkedIn https://www.linkedin.com/in/lindaayres311 & 
rock paper scissors
Here is a letter to ‘Fred, The Adjuster & Other Stakeholderss’

Dear Fred:

May I suggest that the Grancell partners, with your lead, Fred, review this case and consider sending the neuro and psych evaluations to a third party for evaluation of fraud, and failures to provide medically necessary treatment as repeatedly requested since 1/9/12.  Copies should likely be sent to the District Attorney, and we can leave that to Shane Riedman?  Bruce Leckart’s office might be a good place to start.  He is a LinkedIn connection for me and Norin (and I spoke to his office last year, and have been invited to call again with all this new life-threatening krap.)

Attached is the progress report of 1/19/15 with requests for authorization from Dr. Hilda Chalgujian.  [not on blog copy; available upon request; no secrets]

Obviously, by yesterday’s US postal service mail, I see the bad faith actions promoted by Grancell continue, and have apparently contributed to your failure to keep your word and send PD advance money, or to advise me of any delay.  Mean.  I hate mean.  Being mean to disabled people is just …. inhumane.

PS, by copy to Wyndham Leave Support, the accommodations I am now requesting since we never engaged in interactive process, necessary  since October 2012,  am hereby requesting extension of leave of absence to complete one year at Coastline Community College – Acquired Brain Injury Program in Newport Beach, which, ideally, will be completed on or before December 1, 2015, at which time I hope to be able to return to work.

linda-ayres-says-join-me-on-twitter and linked in lindaayres311

At your demand, I spent the $450 to reinstate my lost California Real Estate Broker’s license, and I willl work on getting a new California Notary license in the interim.  I have no hope to regain my lost Hawaii real estate license, due to failures of the Wyndham WorkComp program, which is an epic fail, causing permanent brain damage to me.  Remember remember…. Dr. Kang, the first neurosychologist I was evaluated by, recommended immediate speech therapy with cognitive remediation, and suggested return to work would happen shortly after that.  WHY DIDN’T CNA PROVIDE IMMEDIATE CARE THAT COULD HAVE SAVED MY BRAIN FUNCTIONS. WHY DID WYNDHAM HR AND RISK MANAGEMENT FAIL TO INTERVENE WITH THE WRONG DOINGS OF THEIR VENDORS???   HEINOUS CRIMES OF THE “PROFITS BEFORE LIVES” CROWDS.   The law of karma will prevail.

As we discussed, I am willing to consider mediation after this current Coastline session, and before the Summer session, if Grancell has any interest in settlement. Apparently, they do not.   Apparently Kim Mall is back in the picture, with her pretenses and file churning.  Yech!

Life with TBI is so

I told the Judge I wouldn’t be back to his Court (after my ADA rights were violated again there!)  till I found an agency to deal with the allegations of fraud, and my files are building.  I haven’t found such an agency yet, and some Super Lawyers have told me it doesn’t matter if have video of fraud being committed to deny medical care; can’t make it stick. WorkComp fraud is too big of a racket.  Yeah, maybe.  One person and God constitutes an Army, so might be a standoff.  Remember David and that Giant!

I was shocked that the Petition received yesterday from Grancell for yet another neuro psych eval was not delivered to me electronically, in compliance with ADA repeated requests, and was delivered by hand to the WCAB Court, to take unfair advantage, as is the pattern of practice.  Remember, CNA couldn’t find a neuro-psych in 3 years, what’s changed?   I had to find all the brain doctor help I got.  I had to pay for most of it.

The bulk of evaluations and recommendations were just profits for the evaluating doctors, and billable lawyer time.  How many times and ways does Grancell think it takes to verify a brain injury.  Daniel Elliott was told on the phone in January 2012, while I was in session with Dr. Daniel DeGoede, of the possible severe extent of injuries and the urgencies for immediate care.  How did Daniel respond?  By the PlayBook?  ‘Upon verified diagnosis of brain injury, terminate benefits and do all things possible to maim, torture and hopefully kill injured worker, with or without delays.’  ???

wc workers-comp-fraud  if your company lies

CHECK THE EVALUATIONS, RECOMMENDATIONS OVER THE PAST 3 YEARS, AND COMPARE TO ACTUAL TREATMENT, COUNTING OR NOT COUNTING WHAT I HAVE SELF-PROCURED.  ACOEM, MTUS, NIH GUIDELINES WERE NOT FOLLOWED, AND IF THIS WASN’T AMERICA, SOME PEOPLE MIGHT BE ARRESTED FOR HAS BEEN DONE TO ME, AND TO OTHERS LIKE ME.

That would include reports of neurologists ( (noting that your first alleged ‘mpn’ neurologist, Esmail Sebti, refused to see me when I appeared for appointment organized through EAP clinical psychologist, Dr. Daniel DeGoede, found through the CIGNA EAP program, as there never has been “proper notice” of the MPN process and network, as Ms. Mall repeatedly mis-states in her threats to various doctors. Dr. Sebti’s office perjured when they indicated I did not appear.)

NEUROLOGISTS – 

Dr. Stephen R. Walman, Dr. Bijan Zardouz, Dr. Ronald N Kent, Dr. Michael Lobatz, Dr. Seymour Young, Dr. Jay Jurkowitz

Brain Injury Interdisciplinary Team Members (Scripps, summer 2014, after 1/9/12 injury; time was of the essence, duration at SCRIPPs was requested for 3-6 MONTHS, got 16 days, with extend of 8 days; not in compliance with ACOEM, NIH OR MTUS, huh? By not allowing me to complete that program, that was a waste of $50,000+ of somebody’s money.  COASTLINE is approximately $400 a SEMESTER! d’OH.

SCRIPPS – Dr. Michael J. Lobatz, Neurologist; Jessica Martinez, Case Manager, OTR/L, HTC, PAM; Kelly Owen, MA, CCC-SLP; Rebecca Askew, MPT; Margaret Fuller, MA, OT/L.

Coastline Acquired Brain Injury Program Consulting Psychologist is Dr. James Pasino.   website: coastline.edu  (report pending)

JAUDY TREATMENT CENTER – Dr. Gilbert Jaudy – Functional Neurology Practice

PSYCHOLOGISTS/NEUROPSYCHOLOGISTS/PSYCHIATRIST/CLINICAL PSYCHOLOGISTS

Dr. Hilda Chalgujian, current PTP  NeuroPsychologist ( since Dr. Bergey, former PTP, has withdrawn from the case and is no longer willing to attempt to facilitate treatment, as repeatedly attempted for nearly 2 years.)

Dr. Marcel Ponton, QME and Psychologist (unsure if he is a neuro-psychologist, he was former PTP, and tests were done by associate Dr. Gunn, and 4 talk-therapy session with his associate Dr. Chung.  Terminated after threat from Ms. Mall on false allegations that she had not received his reports, and even with several proofs of service, she repeatedly omitted his records, skewing reports of AME/QME doctors, and causing substantial billable hours for file churning and Court time, well documented; check EAMS for the last one.)

Dr. Daniel DeGoede, referred by Wyndham Worldwide EAP program for extreme confusion after the injury of 1/9/12.

Dr. Eileen Kang, Neuropsychologist, referred by Dr. DeGoede and authorized by Daniel Elliott.

As I indicated, I have found my voice in social media, and if Grancell chooses to represent Wyndham and CNA in such a manner that I continue blogging to expose the horrors I have endured, and continue to endure at the hands of all parties of this WorkComp fiasco, so be it.  We can do this for years.  It may have to be chalked up to “vocational rehab” that has also been denied.

I have also applied for a MENSA scholarship to help with the ABI Program expenses, and other financial aid.

By the way, radiation levels are up all over the Coast…. shhhhhhhhh……. ‘forgotten meters measure no radiation’….ask a physicist! Let me know if you want more facts on that.  Friends don’t let Friends Stay Ignorant; #ELE Alerts still in progress

honey-are-you-going-to-work-today-in-the-forbidden-zone-fukushima?

http://askaboutfukushimanow.com/2014/08/24/honey-are-you-going-to-work-today-in-the-forbidden-zone-fukushima/

image

San DIEgo moves decisively into the 500 Rad cateGory with a 506 cpm reading….not a good sign.

encourage others

So, it’s a challenge whether or not I really want to fight so hard to get back to Coastline vs. sheltering in place, and limiting rad exposure, for what that’s worth these days.   Wyndham won’t let me return to work because I didn’t get the medically necessary treatment, and CNA won’t authorize medically necessary treatment, so it’s back to that ‘circle jerk’ thing.  CNA stopped paying TTD 5/8/14, and did not pay the 104 weeks, but through funny accounting, got away with it, and apparently, it was ‘legal’ even though morally reprehensible.

Please note from Dr. Hilda Chalgujian’s report:

Dr Hilda Chalgujian exerpt from 1 19 2015 progress report

Attached also is a response to me from the US Department of Labor — Office of Workers’ Compensation Programs dated 12/31/14.  (posted earlier on Twitter)

Please note that the LTD provider’s IME evaluations of 11/8/14 and 1/2/15 resulted in ‘medical certification through December 1, 2015.’    I’m going to Coastline to get as much care and information as can so that eventually I can reconstruct some sort of life, which includes but is not limited to ensuring that crooked doctors and lawyers are slowed down from killing people like me, and My Fellow Americans.

As you know, I will be at Coastline Acquired Brain Injury program starting tomorrow, through May 31, 2015, assuming funds clear.  I have also initiated a fund raising campaign to help sustain me since Wyndham and CNA have failed me miserably, and have caused permanent brain damage in the process.  The neuro-psychological battery of tests report from Coastline in October 2014 will be available soon.  This is a State Funded program, and their funding relies, in part, on showing measurable improvements of the small, select group of brain injured people.  I am fortunate to have found them, and although Daniel Elliott, CNA former adjuster, refused to even investigate it let alone authorize it in May of 2014, violating the legal requirements again to have been proactive in facilitating medical care.

It seems to me that the defense firm is continuing churning of files, with apparent hope to provoke me to file the FEHA claim due to the continued refusals of Wyndham, apparently at the direction of Grancell-Novato, to refuse to engage in interactive process for return to work.  Professional intervention for the interactive process was paid for in the brief treatment in the summer of 2014 at the Scripps Brain Injury Day Treatment program.  Why Wyndham refused to engage is a mystery to SCRIPPS and to all my acquaintances in the “industry” as it subjects Wyndham to a lawsuit that could create legal fees in excess of $700,000, I am told.  I suppose there is hope by Grancell that they will be retained to defend such a claim?  Is that double-dipping?

As you know, I am expecting from you an advance on permanent disability funds so that I can resume treatment at the State Funded program for cognitive rehabilitation at Coastline Community College – Acquired Brain Injury Program.  I had hoped to receive the funds prior to departure for Newport Beach.  I did not receive anything further from you.

I am grateful that Wyndham Worldwide has authorized travel vouchers to reduce the costs for my stay while attending the Mon-Thu, 8:30 am – 12:30 pm program.  The hotel is nearby, and because I stayed there, again, at my own cost because of the continued failures by CNA to provide medically necessary treatments, I can’t just lay down and die, as the carrier and defense may wish me to do.

Here is an excerpt from Dr. Bergey’s final report, and they cancelled my scheduled appointment for January 9, 2015 because of the MMI-Orthopedic determination, and, as was known when Dr. Bergey was designated at PTP by Kimberly Mall of Grancell and Valerie James of WCAB – Info and Officer during a hearing in which I was not allowed to be seen or heard by a Judge until they had sufficiently emotionally battered me to agree to another Orthopedic Surgeon to “coordinate treatment”.

excerpt Dr Darren Bergey Report 12 19 2014

I’m get tired of trying to convey the vile situation I have been exposed to, like right now tire.  They call it COGNITIVE FATIGUE.  I gotta finish and send this, without edits.

I have to pack to get to Coastline, and I don’t want to fuss with Kim Mall or Stewart Reubens.  I consider them both to be pure enemies of humanity, and pathetically polite in their attempts to appear human. I nearly spit when I saw her “respectful’ and snakey appeal to the Judge.

I will be happy to consider mediation in June.  I will not be happy if you continue to f—k with this final attempt to get some help at Coastline so I can resume life, in some manner.

So, if you’re sending me the money you promised, please do so, and if you can wire it, all the better.  I will have limited email access and no snail mail access.

I will be forwarding the medical bills that arrived in December for your payment, as that slip and fall was also clearly a consequence of cognitive impairements.

I’m sorry I feel like you tricked me again.  It’s so ugly, but when I saw Kim’s signature, I know what to prepare for.

I don’t want to fool with any of you while I’m at Coastline.  I will if I must, be assured of that.

Sincerely,

Linda Ayres, In Pro Per

wynLINDA@gmail.com

reolinda@aol.com

lindaayres@aol.com

Capture LinkedIn Premium

PS  Y’all on LinkedIn?   I LOVE LINKED IN!!!  YOU SHOULD TOO!  I’m #3 out of all the rankings of Wyndham Worldwide members this week again…. it fluctuates in the top ten…sweet.  There ARE good people at Wyndham, just unempowered.  It’s nice to see a few of you viewing my profile from time to time.  Be sure to see my posts…. afterall, WE ARE THE MEDIA NOW…..    

oH YEAH, be sure to mark your calendars for February 10 @ 2pm est for #workcompchat on Twitter.  

#TTFN

nuclear criminal law

PROOF OF SERVICE

RE:   LINDA AYRES V. WYNDHAM WORLDWIDE ET AL

WCAB CASE NO. ADJ8181903  CNA E3269102WE

STATE OF CALIFORNIA     COUNTY OF SAN BERNARDINO

RE:     Linda Ayres vs. Wyndham Worldwide et al  ADJ8181903 / E3269102

Are We, the People, Witnessing THE DEATH OF A NATION?

LI  Timeshare Professionals

ASK ABOUT WORKERS COMP GRAVY TRAINS NOW

https://askaboutworkerscompgravytrains.com/list-of-posts

Better ask more questions about #Fukushima now, too…

http://askaboutfukushimanow.com/list-of-posts/

ALL NUCLEAR REACTORS LEAK ALL OF THE TIME

http://allreactorsleakallofthetime.com/

#RadsUp  #DodgeThoseIsotopes

#ShelterInPlace  #StayOuttaTheStreets

THINK LOCALLY * ACT GLOBALLY *OCCUPY VIRTUALLY

lucy charlie brown voting

WE ARE THE MEDIA NOW

Not A Shot Was Fired by the #WorkCompsters

 — A Prisoner of America’s WorkComp Kamps Speaks Out:

cc:  AMERICA…… WHAT SAY YOU???

 .
The People of America, and the World, deserve to know what is happening inside of America to our Working Class.  I have spoken with many “Super Lawyers” and “Doctors” and other “Professionals” and few have the courage to speak openly.
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Recent communications, thanks also to LinkedIn processes, would lend tremendous credibility, recognizing also that Anonymous Precedes Unanimous, and are being compiled for further sharing.
flag distress signal
It looks like what will have to be done, by a number of bloggers in 2015, is to “interview” some of the leading ‘experts’ and report back to The People.
It would be helpful to have a sympathetic/empathetic law firm or firms to participate….from a public relations standpoint, and a Civil Rights class action perspective.
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One call from Chicago asking “…when ARE you going to die…” was more than sufficient to grasp the tactics of the insurance industries.   If the DOJ was functional, perhaps InjuredWorkers would not have to fight organized crime alone.  The drugged InjuredWorkers hardly have a fighting chance.  “Opiate Wars”
too big
WORK COMP? HEAVE HO!!!
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InjuredWorkers do not believe the system is “broken” by any stretch of the imagination.  WorkComp is a lethal mega-billion dollar industry, and injured workers are the cash cows.  The only losers are the injured workers, and the corporations paying the premiums for insurance coverage that is not provided.  It’s more of sidewalk “shell-game” run by psychopaths and their ilk.
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In the past 3 years, much has been learned about the crookedness of WorkComp.   Indictments and convictions, certainly in my case, for felony fraud, might fill a cell-block in a privatized prison!  Many professionals have opined that my case is not usual,  at all. Perhaps the 21st Century will soon have another Doctors’ Trial, of greater scope than before.
mlk hitler germany
…till Nuremberg
 
In my case, on the date of injury, January 9, 2012,  I was told to “see any doctor that accepts workers comp insurance” and I was sent on my way, down an icy mountain road, after word, with a head injury, to “find a doctor.”  Then, days later,  work sent a defunct list of 4 doctors to see instead of the local doctor I had found.  It was not until a year later that I received a ‘link’ to an alleged MPN list.  
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A local neurologist, referred by the clinical psychologist that the EAP (Employee Assistance Program) referred to that first week post injury, refused to treat because of work comp.  It was later discovered that said neurologist was on the alleged MPN list, and his office perjured by stating that injured worker failed to appear, rather than doctor refused to treat because of industrial injury claim.
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As soon as brain injury was diagnosed, benefits were terminated, costs shifted to the State in April 2012, and in 2014, the State of California awarded CNA insurance approximately $16,000 in bonus money for refusing to pay TTD in 2012 and 2013.  
LI  #Cashcows #Moooooooove!
Rather than 104 weeks TTD and followed by 52 weeks State Disability, I was cheated out of that, along with denials of medical care all along.  The appeal to the Judge about the bonus paid to Chicago based CNA was found in favor of the insurance company.  Surprise.  The State Controller’s office had also been repeatedly apprised of the developing situation.  No response. Surprise.
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The Judge said it wasn’t the injured worker’s money.  The injured worker concluded it was YOUR money, as a taxpayer, given to yet another insurance company in collusion with the State to extend extermination efforts of the disabled, aging and female populations, along with others.  How sad.
 .
Everything was “legal” in Nazi Germany till Nuremberg. The time has come to see WorkComp #DomesticTortureReports and Doctors Trials, and Complicit Attorney Trials.
 .

Perhaps you and some of your colleagues have similar interests in Justice and Human Rights?

mlk  he who accepts evil
WorkersCompensation and the Nuclear industries have extreme similarities in playbooks and results, with ‘plausible deniability’  Perhaps you can incite some round-table discussions with your peers about the truly harsh and horrible realities of WorkComp in America??
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It’s worse than most decent attorneys and doctors and other providers can allow themselves to think.  Let injured workers be your mouth-pieces; we have nothing left to lose.
 .
Send your commentary to WorkCompLinda@gmail.com and/or WorkCompLucy@gmail.com and we’ll take it from there, or if you are really brave, leave it as a comment below.
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Read more of the Top 25 WorkComp Blogs, and comment directly on their blogs, and make direct contact with the bloggers and journalists.  BE BRAVE.  DO THE RIGHT THING TODAY.
 TRUTH SEEKERS
“Nuclearism, genocidal mentality and psychic numbing   The other way of avoiding accountability is to remove it from individuals and vest it in institutions and aggregates. As if institutions by themselves could run a death machine without the intervention of individuals!”
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“After a while, even terms like the military-industrial complex, fascism, imperialism, Stalinism, ruling class, or American hegemony become ways of freeing the actual, real-life persons from their culpability for recommending, ordering, or committing mass murders.
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In a society where genocidal mentality spreads, intellectuals also find such impersonal analyses soothing; they contribute to the creation of a business-as-usual ambience in which institutions are ritually blamed and the psychopathic scientists, bureaucrats and politicians who work towards genocides move around scotfree.”   http://old.himalmag.com/himal-feed/53/2495-Nuclearism,-genocidal-mentality-and-psychic-numbing.html
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‘NOT A SHOT WAS FIRED BY THE WORKCOMPSTERS’

 
As our society reads less and watches/listens to audio/visual more, this is an excellent piece on psychopaths, which must be understood by all victims and survivors of WorkComp, and those who attempt to assist them and help them out of the extermination kamps of WorkKAMPH.
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WATCH AND SHARE:
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Defense Against the Psychopaths 

 twitter  defense against psychopaths
 
Thank you again. It is a privilege to meet the few courageous people in the world of #workcomp.
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Let’s find the others, and strengthen their hands.   WE ARE THE MEDIA NOW
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Kind regards,
Linda Ayres, In Pro Per
TBI & WorkComp Survivor
white roses

cc:  AMERICA…… WHAT SAY YOU???

#Wyndham #WorkComp NO MEDICAL CARE, NO BENEFITS, NO RETURN TO WORK, NO NADA….THANKS, WYNDHAM!

NORIN GRANCEL + CNA + THOMAS MOTAMED + LINDA AYRES + WYNDHAM – WWID 415287. OUTRAGED
GOVERNMENT BAD GUYS AND JAIL

“Based on the information from you and your doctors, it is clear that you are unable to return to work at this time.”

 following orders

[BUT THERE VILL STILL BE NO MEDICAL TREATMENTS NOR DISABLITY BENEFITS FOR YOUR BRAIN AND SHOULDER AND NECK AND BACK INJURIES OF JANUARY 9, 2012.  AS THE INSURANCE COMPANY HAS ASKED YOU, TELL US, “…WHEN ARE YOU GOING TO DIE?”]

Work Comp  TBI Wyndham and YOU

 

linda-ayres_profile_qr

—— Forwarded message ———-
From: “Jordan, Tina R” <Tina.Jordan@wyn.com>
Date: Nov 14, 2014 12:54 PM
Subject: LINDA AYRES- WYNDHAM – WWID 415287
To: “Linda Ayres” <reolinda@aol.com>, “Linda Ayres” <wynlinda@gmail.com>

Dear Linda:

Thank you for providing the documentation from Dr. Bergey and Dr. Chalgujian.  Based on Dr. Bergey’s documentation dated October 17, 2014 you are temporarily partially disabled but may return to work if restrictions can be accommodated.  However, the letter from Dr. Chalgujian dated October 20, 2014, indicates you remain temporarily totally disabled until December 20, 2014,  and thus, cannot work in your role as a Sales Representative or any other role.   Although you have requested information related to a sales job, in prior communications, even you have acknowledged that you do not know if you can return to a sales job and you continue to have cognitive impairments.  Further, you’ve stated that you are unsure if your physicians will accept the professional liability of releasing you.   Based on the information from you and your doctors, it is clear that you are unable to return to work at this time.

However, we understand you had an appointment with Dr. Chalguijian on November 10, 2014.  If you were released to return to work – with or without restrictions, please let us know and complete the Accommodation Request Forms (or provide other documentation to support your release to return to work and related restrictions, if any).  Once you have been released to return to work and we have information regarding your restrictions, we will continue the interactive process and reevaluate your potential return to work. Thank you.

Tina Jordan

Regional HR Director – Southern California

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Email: Tina.jordan@wyn.com

 

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WorkCompCentral Comp Loud Awards

InjuredWorkersUniting;
Silent No More

From: Linda Ayres <wynlinda@gmail.com>

Date: Fri, 14 Nov 2014 13:38:46 -0800

To: Tina R Jordan<tina.jordan@wyn.com>; Mary Falvey<mary.falvey@wyn.com>; <michael.doherty@wyn.com>; <fred.sachs@cna.com>; Stewart Reubens<SReubens@grancell-law.com>; Jack Dolan<jack.dolan@latimes.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; <cna_help@cna.com>; Linda Ayres<lindaayres@aol.com>; Linda Ayres<wynlinda@gmail.com>; <reolinda@aol.com>; <shane.reidman@cna.com>

Subject: Fwd: LINDA AYRES- WYNDHAM – WWID 415287. OUTRAGED

Hi Tina

Thank you for your email. I guess that means continued refusal to engage in FEHA interactive process? BUMMER.

That’s quite a response.  With all that said…has Mike Dougherty initiated a Claim Review and Audit of CNA and Grancell handling of my claim?  I am insured under the #WyndhamWorldWide #WorkComp Insurance policy and I can’t get any help from them. Full breach of fiduciary responsibilities…and severe bad faith.

You realize the additional legal liability to Wyndham from an EEOC perspective, Shane Reidman’s (CNA Fraud investigations unit) question of “…Tell me, Linda, when ARE you going to die?” also needs to be addressed.

Tina, it is obvious from your letter that you also know I need medical treatment.

The breach of fiduciary responsibility by CNA and the obvious deceptive practices of Grancell are outrageous. The refusal of CNA to provide medical care and its failure in 2012 and 2013 to pay temporary total disability benefit is absolutely outrageous .

Tina …what do you suggest I do for medical care, for income, for good, for utilities and to prepare for return to work in some capacity and to save my life?

Intentional harm with intent to kill is a crime in America.

Please advise your suggestions on what I must do next…without medically necessary treatments without disability income without any good faith interactive process and without reimbursement for out of pocket medical expenses incurred because CNA and Wyndham kicked me to the curb and believe they are ABOVE THE LAW??

I look forward to a legitimate response.  If your job been done properly at the time of injury. ..this mess would not likely be as horrific.

Make it right, Tina, and clean up this mess and assure Wyndham Worldwide Workers that what is happening to me stops eith my case. COME CLEAN. …RIGHT THE WRONGS. Talk to Shane.

MOST SINCERELY,
LINDA AYRES, IN PRO PER

PS Will there be a #Wyndham table at the #WorkCompCentral #CompLaudeAwards on December 6 at the Sheraton Gateway LAX?

https://ww3.workcompcentral.com/education/course/course_pk/830

COMP LAUDE AWARDS

AS YOU KNOW I HAVE BEEN SELECTED AS A FINALIST IN THE INJURED WORKER CATEGORY.

I HOPE TO HAVE A POSITIVE TURN OF EVENTS TO REPORT REGARDING THE HORRIFIC MISHANDLING OF MY CLAIM.   CONTINUING PATTERNS IF HARM ARE NOT A GOOD THING IN THE PUBLIC PRIVATE SECTOR.

One good thing…this case is now of national interest …serving to expose harm and corruption. ..and right now…Wyndham and CNA  are right behind Ralph’s Market and Sedgwick… (Romano Trust vs Sedgwick) establishing a lethal pattern of continuous harm to injured workers in California.

PS  Remember remember, the State of California approved a bonus of approximately $16,000 paid to CNA Insurance by California EDD for REFUSAL TO PAY TTD BENEFITS IN 2012, 2013, SHIFTING BURDEN TO THE STATE, AND LEAVING ME WITHOUT MEDICAL TREATMENT, DISABILITY INCOME, ABILITY TO WORK, NOR HELP IN GETTING HELP TO RETURN TO WORK.

SOCIAL SECURITY OFFICE SAYS THEY ALSO KNOW I HAVE BRAIN INJURY, BUT NO BRAINS ARE REQUIRED TO SELL TIMESHARES.  D’OH.  THAT’S ON APPEAL TOO.

Have a nice weekend. Think Think think.  Thanks.

 

WorkComp Wassup America  Nov 2014

http://tinyurl.com/BRAVELAWYERS

 

COUNT ON ME, TOO!

WE ARE THE MEDIA NOW

Where O Where are the Brave and Smart WorkComp Injured Worker Attorneys?

“If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough….”  – September 2014

A FEHA/Employment Law and Civil Rights Law Firm, and a Class Action Law firm are also desired.  Wassup America?

“Intent” is important in WorkComp.  “Intent to Kill” is a matter for the Department of Justice, imho.

WC  WorkComp Kills

The info you provide is helpful, but here’s the bottom line data I’d like to see if I can help you, informally or by representation:

(1)     Who are your work comp doctors?

(a)     Who is your PTP?

(b)    Who are your secondary treating doctors (i.e, in other specialties)?

(c)     Do you have any AMEs or QMEs, and if so, who are they?

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

(5)     What treatment is authorized?  Any IMR determinations yet or in the works?

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

If you email me answers to these questions….

Life with TBI is so

(1)     Who are your work comp doctors?

I have a list of approximately 35 doctors, by specialty, diagnosis, recommended treatments (not provided) and ICD -9  codes, referred by whom and whether on alleged MPN, authorized exception or self-procured..  I have to look for it and it will follow when I get home (Thursday nite)

(a)     Who is your PTP?

Current:  Dr. Darren Bergey, Orthopedic Surgeon, since 2/14/2013.  Knows nothing about brains, and all efforts to get me to experts failed, organized by  attorney #3.

Prior PTP, Dr. Marcel Ponton, QME, Clinical Psychologist (not sure if he is a neuro-psych); Organized by attorney #2, located in Pasadena, 3 hours from my home.  I met with him twice…once in April 2012, once in October 2012.  He did not perform the neuro-psych tests, his colleague, Dr. Gunn, did.  His other colleague, Dr. Chung provided approximately 4 clinical psychology sesssions, focussed primary on stress and pretending there are no cognitive impairments.  Dr. Ponton requested neuro-feedback, neurology, neuro-optometry…. to no avail.  In October 2012, after threating letter from Defense, he said I could return to work with accommodations as clerk.  No medical treatment with him, but somehow after defense threat, I magically got well.  Several of his reports have been repeatedly omitted by defense in order to continue to deny medical.  Some of his reports read like I got the requested evaluations and treatment, but I didn’t and he only requested; complete failure to obtain medical care.  (April 2012 – December 2012; authorized exception to alleged MPN, by Court Order, June 2012.)

After dismissing attorney #2 and requesting hearing for right to medical care and treatment by a specialist, I & A officer and then-defense counsel told me to come prepared with 3 doctors names, which I did, but they were not on the alleged MPN List (I was never properly noticed, that’s another can of worms).  So, the two women made me chose another Orthopedic Surgeon who would then “coordinate specialty doctors”.  I chose Dr. Jacob Rabinovich, Orthopedic Surgeon and had an eval and he wrote a report.  As there was an increasing demand for a QME/AME, I retained counsel #3, and they didn’t like Rabinovich, so they sent me to Dr. Bergey, who is stil the PTP, but wants out as they have been threatened by defense to stop requesting brain injury treatment or they would lose their MPN status.   On my right shoulder rotator cuff injury, clearly evidenced as a impacted body part by several reporting doctors, discovered by Dr. Bergey after physical therapy authorized Spring 2013, authorized MRI of shoulder, recommended shoulder surgery (no thanks, I’m familliar with Romano Trust vs Segdwick)….defense then told Dr. Bergey stop reporting it as “industrial injury” so mid-summer 2013 he changed it to “non-industrial”…. a Crowe-Paradis report obtained by defense in Nov 2012 with intent to coerce premature settlement also included the right shoulder….so it’s just silly that once the severity is discovered they want to say “oops, not related”… D’oh.

Attorney #1’s “office manager” was the case manager and was the first to send me to an Orthopedic Surgeon.  I told her I needed a brain doctor, she said Work Comp required I start with an Orthopedic Surgeon.  His name is Dr. Sunny Gurvindo (?) UPPAL.  The office manager also said, “there’s no psych component to a work comp injury”… I said, “It’s not a psych component, it’s my BRAIN.”….

The first doctor I saw, on the date of injury, was local chiropractor, Dr. Jamie Whitlock.  I thought I just needed an adjustment.  He said I had a concussion.  By Wednesday of that awful week, I was getting all sorts of confusing info and directions from employer, so I called EAP for help for confusion.  They sent me to a clinical psychologist, Dr. David DeGoede, who administered several tests, referred me to a local neurologist, and told me to get anMRI by any means necessary.  (I knew nothing of any MPN, was just following directions of EAP.)  Dr. DeGoede became my first PTP.

SUMMARY OF PTPs:

  1. Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
  2. Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
  3. Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
  4. Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)

(b)    Who are your secondary treating doctors (i.e, in other specialties)?

  1.  PAST:  Bijan Zardouz, insurance company doctor- neurologist, no expertise in TBI, no brain knowledge, designated as 2nd TP by attorney #3,  Zardouz thought it was a one time consult and wrote a egregiously incorrect report for top dollar.  Defense had omitted more than 300 pages of medical records; took court order to get the missing records to the doctor and requesting a supplemental report.  He threatened to sue me for “harassment” for properly serving the omitted records; so I had to convince the Judge to get involved.  Rather than just send the omitted records, defense just sent a box of all records again and told them to figure out what they missed. 😕
  2.  CURRENT:  Dr. Hilda Chalgujian, Neuro-Psychologist (authorized exception to MPN)….. Dr. Bergey’s office threw up their hands at the last denied medical care or eval or specialist for brain trauma, and told me, “As you can see, they will not authorize any medical treatment we request.  You will have to find your own brain doctor.”  Through a series of phone calls and emails, I found Dr. Hilda who was willing to help me/treat me. Defense jumped in and asked her to do a comprehensive evaluation (she did a 40 pages report, incuding review of prior doctor evaluations) and Defense agreed in Court to have Dr. Hilda as Secondary Treating Doctor.  She is not a work comp doctor and works primarily with head injuries.  I see her mostly weekly.  Her report was May 2014, progress report over due and expected next week.   Dr. Hilda and her report were extremely instrumental in finally getting me some help at an interdisciplinary treatment center like SCRIPPS.    She is also disappointed the amount of time was cut so short.  I don’t think she thinks I’m employable, but she knows I have to return to work to keep a roof over my head in light of the monsterous behavior I have been subjected to.  On Monday I will ask her again about RTW and accommodations and timing.
  3.  CURRENT, SELF PROCURED, DOESN’T FOOL WITH WORK COMP INSURANCE:

Dr. Michael Lobatz, Neurology-Psychiatry, nationally acclaimed,  Chief of Staff at SCRIPPS, organizes SCRIPPS BRAIN INJURY REHABILITATION CONFERENCE ANNUALLY FOR PAST TEN YEARS for and with scientists, military, doctors and other rehab providers.  I attended, at his invitation, the May 2014 event, and learned a great deal more about TBI, and thanks to Dr. Lobatz, the way was made easier to get into SCRIPPS, and his recommendation was for interdisciplinary treatment for 3 months, 3 x a week.  It was reduced further from Dr. Hilda’s request, by the insurance company, to 4 x a week for 4 weeks, extended by 8 more days.  No current appointment scheduled with Dr. Lobatz, although he has been kept apprised of Day Injury Program results and progress.  He didn’t care if I went to SCRIPPS, Learning Center or that other one in Encino…. just care that I got some help.   [There is a program in Newport Beach, a one year program, for cognitive remediation that I am currently applying for…it’s a 3 step interview process, and it’s inexpensive but I would have to relocate, if accepted. and if either Social Security or LTD kicks in for income, or settlement happens.)

(c)     Do you have any AMEs or QMEs, and if so, who are they?

A big mess created by Attorney #3

AME/ Forensic Psychiatrist – James O’Brien  APRIL 2013 with supplemental reports of Aug 2013 and I think October and October 2013, covering his fraudulent tracks poorly — initial report created on incomplete medical evidence (omission of more than 300 pages of medical records; same as above, Court ordered supplemental report upon delivery of omitted documents by defense.  First report indicated that ‘if the finder of facts found evidence of a slip and fall concussion, of course medical treatment would be in order’ and went on to opine, by changing dates of injury to 2013, and used 2012 records to suggest “prior head injury and cognitive failures” etc….. to a full scale “pissing contest” where I suggested he and defense invoke 5th amendment and they moved to secrecy attempting to conceal the records from me and to continue to use them, asking evauating doctors to review but not summarize because of my ‘fragile emotional state’…. by the time his work of fiction (about $10k in fees) was done…. I never had a slip and fall (which was witnessed, and my manager helped me up from the ground)… he further opined that I just had epilepsy and never even fell….. Felony Fraud, imho.  I have evidence; DA found my complaints of interest, so did DOJ.

QME/ Neurology – Dr. Ronald Kent – December 2013 – again, issue of omitted records of more than 300 pages by defense, followed by supplemental report (without court order).  This doctor spent 35 miinutes with me, his staff regurgitated poorly prior medical evidence, and he said that essentially, women over 35 are not entitled to medical treatment for a brain injury and that since I didn’t get any in the first two years, tooo bad, deal with it.  This guy teaches new doctors at UCLA.  Those med students would be wise to be afraid, very afraid.

QME/Orthopedic – Dr. Jefrey Holmes – PENDING     …. Attorney #4 agreed at an expedited hearing for medical treatment that I had organized….for my right to medical care and to dispute the O’Brien fiction, simply agreed to an Orthopedic eval.  It was arranged, postponed, arranged, cancelled, order to compel invoked, was off calendar so didn’t happen, Defense and IW agreed then to postpone till further notice; today Defense asked if it’s time to reschedule; I asked him to wait till I get the accommodations request and interactive process and PROPOSAL FOR RESOLUTION done, or to just plan it for late September or October, late in the afternoon…. He said to let him know when I’m ready…. I told him we’lll tie it to the Proposal for Resolution.

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

Nobody has found me MMI yet, although in October 2012 Dr. Ponton suggested I could return to work as a clerk.

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?   N/A

On further thought, the AME Forensic Psychiatrist and QME Neurologist did write something about WPI and MMI….some ridiculously tiny number.. I can look for it.  In my head, their reports are such works of Fraud, I discount everything in them.   
Their reports are debunked by Dr. Hilda Chalgujian (professionally and nicely)…. and the authorized SCRIPPS time and treatment and recommendations for more treatment clearly debunks their allegations that I have no head injuries or that they are minimal.  
Defense counsel (Kim Mall- Grancell, Corona) attempted to lead them to say that a car crash of 2008 and a prior car crash in 2003 were the cause of problems, even though there was never a previous complaint or treatment for any of the symptoms.   However, Dr. Kent, Neurologist, also moved the date of injury to 2013 in his reports and indicated I sought help for confusion, inability to speak, etc, PRIOR to Industrial Injury, citing 2012 initial evals organized by Dr. David DeGoede (EAP referral) as polite obfuscated evidence and the neuro-psych he sent me to, another authorized exception.  
If settlement is not reached in the foreseeable future, it seems to me the O’Brien, Kent, Zardouz fraud will have to be debunked in trial.  I don’t think any of them would care; they clearly have insurance company ‘protection’ ……..  At one point, O’Brien asked to be removed from the case and his report withdrawn……… since WC seems like the internet, once it is written, it never goes away………..they attempted alternative tactics…. via character assassination.  His findings contradict findings of all other doctors….. a jury might find it of interest, and defense knows it.
When current PTP, Dr. Bergey, was threatend re MPN status for trying to get me help, his office called me, advised me of same, and moved my scheduled appointment up a week so I could come in for my final appointment.  I think they insinuated that for business purposes they had no choice but to call me P & S, and release me.  You might imagine the content of my written response.  My next progress meeting was with Dr. Bergey directly, rather than PA, and his report was stronger  He seems to frown on being threatened by insurance carriers.   Smart guy who does not seem to be  easily intimidated.  He knew when I arrived at his office on 2/14/13 that I needed a brain doctor and it wasn’t him.  They have tried and failed valiantly trying to get me help.   The acupuncture and chiropractic I got this year was not their doings…it took a Court order.  :/   Yeah, unbelievable.  
If you decide to consider my case further, I have all the medical records and I am expecting SCRIPPS discharge report early next week…. I can email you anything I can find.
I don’t want to fool with this for years and years and  years like some of my FB buddies……….they count on that, don’t they?   Count me out….I’ll fight from the side, we do not…forget.

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

Judge Victor Jimenez has been the primary judge I have dealt with. I have had other Judges assigned to the case, but it always gets back to Jimenez.   Presiding Judge Sanford-Wachtel gave me his card and encouraged me to contact him if there are issues, after the first failure to provide requested ADA accommodations.   The Information & Assistance Officer, Valerie James, has been instrumental in ensuring failure to get medical care and has denied ADA accommodations and even confiscated my cell phone at one hearing; I filed an ADA complaint with DOJ.  EEOC called me and said the issues involved were more than two years ago, too bad

.

(5)     What treatment is authorized?  Any IMR determinations yet or in the works?  

Year one,2012:  they authorized, as mentioned on my blog, a little chiropractic and a couple clinical psychology sessions.

Year two, 2013 physical therapy and…. a couple MRI’s….

Year three….2014… by court order, a couple chiropractic and some acupuncture (helps a lot with brain and right shoulder…..the first set EXCLUDED BRAIN and authorized right limbs only ….knuckleheads….

[Scripps Brain Injury Day Treatment Center is generally a 154 day program; 16 days were authorized in August 2014 on appeals, and then 8 more days on more appeals….hardly a start to cognitive rehabilitation.  The cost was $50K + lodging.

My doctors had requested 3-6 months treatment…. 24 days is not reasonable and the interactive FEHA process for return to work was to begin during that course, but Wyndham refused to participate despite repeated requests that had already been paid for …. just wasted.]

More than $27,000 has been spent, properly submitted for reimbursements for medical miles and expenses for medically necessary treatments and evaluations such as MRI, Vision therapy, prism therapeutic lenses, chiropractic, acupuncture…. I have a summary sheet ……….have requested reimbursements many times, and have filed complaints with Audit Unit.

I have also filed complaints up and down the Coast.  They know my name in Sacramento and i have received some pretty nasty letters from the Assistant Medical Director suggesting I will never get medical treatment, so come to grips with that harsh reality.

Any IMR determinations yet or in the works?    I don’t know what that is, and I don’t know anything about how to close this up.  I think this has to do with PD ratings and things?   This is, I believe, where your expertise to set things up to make this finally right??

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

I applied for Social Security Disability was denied a couple times, awaiting hearing now….I’m told it will be December January is…..  I’m told it will be retroactive and the SocSec office  broken the numbers down for me last year (I think it was last year) and said it would be retroactive from 6 months after injury and would put (last year) about $50K in my pocket, and about…. $1800/month.   A group called, “The Advocator”, somehow affiliated with my LTD carrier, is pushing the paper there.  On my task list is to get them medical records since last we talked.  Social security basically said they know I have a brain injury but it’s not bad enough to keep me from being a sales executive.  I think they mean no brains are required, or cognitive abilities.  Tsk.

Do you do Social Security??  Allegedly the Advocator will provide me with an attorney at the hearing, which causes me fear……I’m also told I can terminate contract with them and retain and attorney without liens.  My LTD income is a mess due to the financial chicanery of CNA/EDD and the ‘now we pay, now we don’t, now we do, change the amount’…. so I owe Matrix some paperwork to confirm when my benefits stopped so they can sort out if I owe them or they owe me.  That sort of paperwork boggles my brain….. I can type like there’s no tomorrow, but retrieval and recollection and visual scanning to edit are severe challenges.  I have a list somewhere of the various challenges and impairments, cuz I can never remember them all…… Muddling through life as best I can seems to be my “new normal”

SOCIAL SECURITY  FOLLOW THE MONEY TRAIL

I have long term disability insurance with Matrix/Reliance.   I have a neurology/psychiatry evaluation with one of their doctors on October 27…. a Dr. Jay Jurkowitz in…. I think Riverside or San Bernardino.

My next PTP Orthopedic Surgeon for my Brain Injury 45 day appointment is October 17 at 1 pm in Indio.

My next neuropsych appointment is next Monday.

David DePaolo is familiar with my….challenges, and I have explored possibilities of representation with multiple attorneys in CA… some bothered to consider and others abruptly put it in the “too hard” pile……  See WORK COMP AND BASEBALL OCT 2 2014…. IT MENTIONS MY SITUATION, AND THE SITUATIONS OF OTHER INJURED WORKERS:

http://daviddepaolo.blogspot.com/2014/10/work-comp-and-baseball.html

WORK COMP AND BASEBALL... BATTER UP!
WORK COMP AND BASEBALL… BATTER UP!

It is my hope to eventually (maybe now?) retain someone who can wrap it up, and to also ensure that the 4 attorneys who harmed me get little to nothing out of the “15% pot”…. and who ideally will, with encouragement, withdraw their liens.

If any of this may be of interest, and if you agree that submission of a “PROPOSAL FOR RESOLUTION” may be in order before I attempt for force my way back into a job I doubt I can do anymore, I willl find and send the spreadsheet of doctors and their specialities….

I live in Yucca Valley, near Joshua Tree National Park.  The WC case is in Riverside.   While I understand there has to be cause to move a case, I would be they would be glad to be rid  of me and let you move it to LA to get me gone.  They know that I know whose side they are  on.

If you are interested, and if you could be like the “general contractor” and organize with Nick and any other team players, I am sure that adequate funds could be created to make it financially attractive enough to deal with the mess.  I just want out…………  I would like $1.3 million and I would like to see these crooks tried, locked up and executed, in accordance with the laws.  I’m realistic enough to realize….. those who have the cash kills as they can, without consequences.  Fighting back one case at a time is an honorable fight, till last gasps.

If we jointly decide to work together, you might want to know a bit more about me…. I can take my hands off my WorkComp blog for a while, or I can amp it up…… I am open to suggestions and I get it that if I retain counsel, my right to speak out is limited, temporarily.

I also blog about Fukushima, an in progress extinction level event.  ASK ABOUT FUKUSHIMA NOW  http://askaboutfukushimanow.com/   LUCY OCCUPY SAYS  http://lucyoccupy.com/

I think it could be an “easy enough” deal with the work I have accomplished this past year…..getting to SCRIPPS, letting them know my number was $700K before SCRIPPS and that it’s $1.3 million now, based on what I have learned of long term medical needs and consequences of untreated brain injury and untreated rotator cuff tears.

Do you know [xxxx] the structure settlement guy?  I have been in touch with him several times.  We connected after the CAAA Winter Conference.  He thinks I’m a little hot headed…..  he may not like me, but he has observed me getting a few things done in spite of the odds.

I hear tales that you work around the clock…..  I learned at SCRIPPS about brain fatigue and reserves….   breaks are good for rebooting.

I will head home tomorrow…. coffee with some fellow activists in the  morning, so…. onward.

If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough.

image (1)

I also lost my “professional credentials”… my Hawaii real estate license, my California real estate borkers license, and my California Notary license, due to cognitive inability to take the continuing ed after paying nearly $1000 for special theraputic glasses and vision therapy, I was able to knock out the CA continuing ed for the broker’s license….that did expire.  I have to send them $450 to renew during the grace period; it’s a return to work license required, but I don’t have the $450 to spare with no income from these clowns.

I did have to file for early retirement (DOB 4/8/52)…. so I have pocket money and a will to survive.

linda-ayres_profile_qr

Thanks kindly for you consideration  Awaiting word from you.  I really want out  I intend to continue the good fight from the other side….. JAIL BREAK TIME……. HELP ME OUT OF HERE…………….These psychopaths are armed and extremely dangerous.  Yeah, I know.

GOVERNMENT BAD GUYS AND JAIL

Sincerely,

Linda and Friends

flag distress signal

Injured Wyndham Worker Asks #POTUS for Help from WorkComp Dangers

Is WorkComp Simply Domestic Terrorism?  ASK THE POTUS!    Lawyer Up!

Yo!  Mr. Prez, it’s me again.  If it’s not one thing, it’s another!  Fukushima, Ebola, WorkComp, Central Asia!

I can’t get no satisfaction, and can’t get no medically necessary treatment from that big company, CNA (their CEO, Tom Motamed makes $10.7 million a year in a business that maims (and CAUSES PREMATURE DEATHS!) of America’s injured workers! D’oh!)  Earlier this year I even had to call Adult Protective Services due to the financial terrorism, and I copied the State Controller, too.  There was a remedy, but no resolution and it started again in July 2014, and I don’t know what to do next.

Capture LINKED IN

The State of California paid CNA a BONUS OF NEARLY $20,000 for CNA’S REFUSAL TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS TO ME IN 2012/2013.  SOCIAL SECURITY SAYS A FUNCTIONING BRAIN IS NOT NECESSARY TO SELL TIMESHARE.  MY STORY IS SAD AND I KNOW YOU’RE BUSY, AND I HAVE TRIED TO GET HELP FROM LOCAL GOVERNMENT PEOPLE, AND QUITE FRANKLY, TOO FEW GIVE A DARN.

I CANNOT FIGHT ORGANIZED CRIME BY MYSELF.  Can you pretty please ask Congress to Create a Task Force to investigate WorkComp Crimes against American Citizens?  It’s bad, real bad…. Super Lawyers have told me my story is sad, but NOT UNCOMMMMON!  Thomas Perez at DOL seems to be doing a great job.  Maybe his peeps can be in touch?  They seem like Crime Fighters, too!  Here’s a picture of him making the rounds on FB, dunno if he really said that, but it’s empowering.  WE KNOW HOW HE FEELS!

PEREZ  LABOR DEPARTMENT 2014

WE ARE THE MEDIA NOW, ‘BY ANY MEANS NECESSARY’….  HOORAY FOR THE CONSTITUTION!!!

wc organized  HELP

Mr. President, could you pretty please ask your people to ask the Attorney General’s office in California (or heck, in DC) to help me fight the good fight?

Thanks much.  Phone 760 368 5243   wynlinda@gmail.com

LINDA AYRES, IN PRO PER  (WITH A BRAIN INJURY, D’OH!)

ps…. No, no… no relation to Bill….he spells his last name incorrectly.

wc gazette

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: tina.jordan <tina.jordan@wyn.com>; wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>
Cc: mary.falvey <mary.falvey@wyn.com>; melinda_rubel <melinda_rubel@corvel.com>; melisa.paramo <melisa.paramo@wyn.com>; fred.sachs <fred.sachs@cna.com>; sreubens <sreubens@grancell-law.com>; kembria.hahn <kembria.hahn@wyn.com>; katy.brant <katy.brant@wyn.com>; kate.powers <kate.powers@wyn.com>; alyson.johnson <alyson.johnson@wyn.com>; christine.dasilva <christine.dasilva@wyn.com>; margo.happer <margo.happer@wyn.com>; merav.benedetti <merav.benedetti@wyn.com>; steven.alessandrini <steven.alessandrini@rci.com>; lori.ford <lori.ford@wyn.com>; jack.dolan <jack.dolan@latimes.com>; info <info@naidw.org>; info <info@thenorrisgroup.com>; jackcanfield <jackcanfield@jackcanfield.com>; mark <mark@markvictorhansen.com>; president <president@whitehouse.gov>
Sent: Wed, Oct 15, 2014 10:27 am
Subject: Linda Ayres, Wyndham Injured Worker, 14th Amendment Violations and California WorkComp Victim/SURVIVOR
.
.Dear Tina and All Stakeholders, Friends and Officials:
 .
 RE:  ACCOMMODATIONS AND FEHA INTERACTIVE PROCESS REQUEST AND ISSUES FOR DOCTOR APPOINTMENT OF 10/17/14
 .
I have not heard back from you regarding the Quality Assurance position in Indio, the training dates for sales in November, or any of the other recently posed questions, in regards to the spread sheet I made, at your request, regarding potential accommodations.  This information is required so that the primary treating physician assigned to my case, Dr. Darren Bergey, Orthopedic Surgery, can make proper recommendations for accommodations and return to work status on Friday, and as you know, he has also deferred to the medical opinions of Dr. Hilda Chalgujian.
 .
Dr. Hilda made it very clear in April that my needs for medical treatment were urgent and more than necessary.  CNA, Grancell, and Corvel seem to have acted in orchestrated collusion and in defiance of the Wyndham insurance policy and the laws of the land.   However they have done it, it has harmed me egregiously.
 .
It’s time for Wyndham to step up to the plate.  “WorkComp and Baseball”  Batter Up!   http://tinyurl.com/lvbu28j
 .
Below is a map of proximity of Wyndham Avenue of the Arts and Coastline College and the Cognitive Rehabilitation Program that starts Monday, October 20, 2014. Orientation is Saturday morning, October 18th.   As part of the accommodations to be explored, will you kindly obtain authorization for complimentary stay at the Avenue of the Arts property for arrival Friday, October 17th, departure Thursday, October 23rd, in order for me to attend the orientation, and seek housing.
Wyndham Avenue of the Arts and Coastline
It is clear that the Wyndham insurance carrier and defense firm intend the continuous harm to me and it is time for Wyndham to come to the aid of this injured worker. While they continue to fail to authorize treatment for brain injury, they hope to help some of their independent doctors make book with extra evaluation dollars.  Stewart is working very hard to get an accurate medical list of records together and he insinuated that the WorkComp Judge authorized their fraudulent obfuscation of facts.  I didn’t read the order that way, but who am I to argue with a Grancell Partner/Shareholder.  If he says the Judge approves fraud, d’oh….I won’t touch that one.
WC LAWYER UP
That’s for higher authorities.  He didn’t use those words, but close enough to what I saw, but the refusal to correct the errors was based on skewed misinterpretations of a full day in Court when the other Grancell lawyer had to be ORDERED BY THE COURT to provide more than 300 pages of omitted medical records that had caused seriously incorrect medical reports by 2 doctors in Spring 2013, and then she did it again for the next evaluation in December 2013, alll with clear intent to deny medical treatment to a disabled injured worker due to disabilities, age, and profits.
 .
Clearly matters for higher authorities.   Stewart intends to continue the charade with the next evaluation. Does anybody else wonder why so many doctors have been paid to ‘evaluate’ me and none of their recommendations are acted on; all ignored or denied.  False prescriptions bills go unnoticed, and Stewart thinks that it’s ok to include in medical records that I saw a brain injury doctor from Casa Colina in October 2012, which I did not, and this is the same doctor who helped CNA override the attempts to revoke my driver’s license in 2012, and same doctor was seen, self-procured in Spring 2013, and apparently lost my file and refused to write a report, when in our evaluation, he said I was an ideal candidate for the Casa Colina Day Brain Rehab Program, and that he was very familiar with Work Comp and knew how to work the system to get me in without much fuss.  Then he lost my file and kept my money for the report that he never delivered and never returned my calls?
District Attorney stuff, let the government handle these boyz.
 .
I just want medical treatment and a place to stay while I’m getting it.  CAN YOU HELP ME NOW?   Fred’s suggestions about the ‘circle jerk’ of more rounds of appeals to Corvel, recently reported to have ‘quasi-black-market’ businesses practices, under investigation, are not acceptable.  1.5 years of that nonsense is enough to make anybody aggravated, with their out of state doctors and illiterate nurses skewing facts from the reports they do receive from CNA/Grancell.
.
The injury was witnessed, the manager helped me up from the ground after being there for what seemed to be about 5 minutes, and the initial failures that have exasperated my medical conditions started on 1/9/12 when I was not even offered a ride to the hospital.  [We had a sales meeting right afterwards, and everybody had a good laugh, and they said,  ‘Ewwwwwww, Linda has Fukushima rads from the snowflakes allll over her!!!’]
[I got ‘the talk’ the week before for a picture in the break room about the Fukushima nuclear meltdowns. The manager said it was ‘grim’. D’oh! Ya think! Triple Nuclear Meltdowns in progress since 3.11.11….. yeah, sort of grim for all of us.]
I get it that I have to contend with brain injury because of Wyndham, and because I did not get medically necessary treatment for going on 3 years, when anybody with a functioning brain knows that the first 90 days are critical for care, and that ongoing speech therapy with cognitive remediation, occupational therapy, vision therapy and psychotherapy are key components to such recovery.
 .
So, while CNA suggests I participate in their “circle j**k” by suggesting I submit yet another appeal to yet another bogus denial of treatment, I am asking you to elevate this beyond your comfort zone.  I am reaching out on LinkedIn to Wyndham employees globally.  There is a COUNT ON ME side to Wyndham, and you can continue to COUNT ON ME to ensure that these horrors are minimized and ultimately eliminated for other injured Wyndham Workers.
 .
See the blog, ASK ABOUT WORKERS COMP GRAVY TRAINS for more details; your colleagues have. The link is:  https://askaboutworkerscompgravytrains.com/
 .
I look forward to returning to work and once again being a valuable and valued employee, despite my cognitive impairements.  If, however, Grancell’s legal opinion that suggests my injuries are minor, there’s not much more to talk about.  Let me know where to report to work, in what position, and I will request release to work with minimal accommodations from both Dr. Bergey and Dr. Chalgujian.  Without promise of any medical care, I do not know if they will accept the professional liability of releasing me, under such dangerous conditions.  Their responses will likely weigh heavily on your response, and the return to work offered in order to properly recommend accommodations and restrictions.
 .
Your response is required by Thursday, close of business, 5 pm, or will be considered collusion to continue the egregious harm to me, and continued refusal to participate in the FEHA interactive process in order to help me return to work, meeting timeframes intensified by your refusal to meet in August or September of this, or in earlier Accommodation requests of 2014, 2013, and 2012.   I will also appreciate confirmation of complimentary reservations at Wyndham Avenue of the Arts property as stated above, with an offer for a longer term discounted rate for the first semester at Coastline, in order to allow me to find proper and adequate housing.
 .
Thank you.
 .
Linda Ayres, In Pro Per
ADJ8181903
WWID 415237
CNA E3269102
ASK ABOUT WORKERS COMP GRAVY TRAINS NOW
LINKED IN  SETTLEMENTS
WE ARE THE MEDIA NOW.  MAKE A DIFFERENCE.  
 WC  WorkComp Kills

 “When are you Moving?”

Sat_2014-10-11_09_54_32-NETC (1)

[map via netc.com, paid version]

DO YOUR OWN RESEARCH; DRAW YOUR OWN CONCLUSIONS.

 

 

Hello America! CAN WE TALK??!!! TBI, WorkComp, Wyndham, CNA, Grancell, EDD, CA, DOL, USA ETC and Complete Systems Fail…..

Dear All:

As promised:

  1.  Here is the link to the Coastline Cognitive Retraining Program…. know about it and read what any attorney says about it.  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor
  1.  If SCRIPPS BRAIN REHABILITION PROGRAM in Encinitas appeal is authorized by the end of the week, let’s commence FEHA Interactive Process immediately and throughout whatever time is authorized, so that I can commence the Coastline program starting October 20, 2014, if I am accepted into the program.  Remember, my doctors requested 3-6 months, 16 DAYS were authorized with an 8 day extension…..MORE THAN 2.5 YEARS AFTER THE HEAD INJURY.

Even a 7th grade kid know that’s a problem, and it isn’t right.  Date of injury: 1/9/12… a witnessed slip and fall backwards on ice at WorldMark By Wyndham – Big Bear.  Orthopedic Surgeon designated as primary treating doctor, with repeated requests for medical treatment, consistently and maliciously denied since date of injury.  Wyndham has provided no proper training in Human Resources, or at on site locations, putting thousands and thousands of employees at great risk also.

  1.  Attached is the excel spread sheet of what if/so then scenarios regarding medical limitations and ADA accommodations to be requested after sorted out at FEHA interactive process

For those of you unfamiliar with FEHA regulations in helping an injured worker in California return to work, here’s a powerful link….for your info and files

FEHA Red Flags: Common Employer Violations of California’s Disability Discrimination Laws

Written by: Neil Pedersen   

http://www.pedersenlaw.com/article.php?article=FEHA+Red+Flags%3A++Common+Employer+Violations+of+California%92s+Disability+Discrimination+Laws

social networking1399166808228mainstream media based on facts

Please do forward immediately the job descriptions previously requested so that the medical professionals can make informed recommendations on medical restrictions and possible accommodation requests on the possible return to work.

NEED JOB DESCRIPTIONS AND TO START FEHA INTERACTIVE PROCESS IMMEDIATELY:  Sales Representative, Discovery Representative, QA/VLO, Resort Guide, Housekeeper, Office Worker, Front Desk, Recreation Coordinator or Injured Worker Advocate and FEHA Compliance Coordinator…. and any other positions that a an American With Disabilities due to failure by Wyndham to provide medically necessary treatment for more than 2 years…might qualify for.   Thanks.

Here’s another great source of info on Workers Comp… DePaolo’s WorkComp Blog….subscribe…learn something new tomorrow:

http://daviddepaolo.blogspot.com/

WorkCompCentral Comp Loud Awards

David’s company is on mission to find people to acknowledge who have done anything right in WorkComp, since doctors leaving in droves, and there is no ‘new blood’ coming to the industry…. THINK HARD….DO YOU KNOW ANYBODY WHO HAS MADE A POSITIVE IMPACT IN THE LIFE OF AN INJURED WORKER, OR WHOSE PRACTICES HAVE SENT THEIR COMPANY PROFITS THROUGH THE ROOF??

Nominations due shortly:  https://ww3.workcompcentral.com/events/awards    Make a difference in someone’s life today!

  1. Wyndham Women on The Way – http://www.womenontheirway.com/news-releases/advisory-board-launched/   In the event the system failures regarding medically necessary treatment for an injured Wyndham Woman prevail, does this organization have a fund raising department to help an Injured Wyndham Worker, denied medical care since date of injuries, subjected to financial, emotional, medical and mental terrorism since date of Injury, January 9, 2012……..with no compassion, interest, nor intervention by anybody in Corporate Wyndham?

LET’S DO A FUND RAISER AND HELP ME GET TO THE COASTLINE COGNITIVE REHABILITATION PROGRAM, AND SINCE I LOST ALL MY PROFESSIONAL CREDENTIALS, AND WYNDHAM HR THINKS THE ONLY POSSIBLE RETURN TO WORK POSITION MIGHT BE THAT OF A HOUSEKEEPER, IF THE ORTHOPEDIC SURGEON HANDLING THE TREATMENT REQUESTS FOR THE BRAIN INJURIES CAN APPROVE ME TO RETURN TO WORK ON ‘LIGHT DUTY’ AS A HOUSEKEEPER, SO BE IT.   LET’S NOT THESE HORRORS HAPPEN TO ANOTHER INJURED WYNDHAM WORKER.

Could Women on the Way, with others, take up an immediate charitable collection to send me to the Coastline Brain Help Place in Newport Beach??  To:

‘….Help a po’ ol’ brain injured disabled baby-boomer single white woman, former timeshare sales executive and California Real Estate Broker and Hawaii Sales Agent and CA Notary Public stuck in the #WorkComp #WebOfDeath in California find her cognitive abilities again cuz the meanie heads at Wyndham and their ‘agents’ won’t help and have kicked her to the curb, and they just keep kickin.

Professional credentials lost and sanity on edge…but she can type like there’s NO TOMORROW……

Keyboards and Maxine

CONTRIBUTE TODAY; YOU MAY BE NEXT TOMORROW………   DO NOT WALK QUIETLY IN THIS OPEN AIR AUSCHWITZ….’

Last winter I had to rely on the charity of the Salvation Army to keep my utilities on due to failures of CNA/Grancell to authorize TTD payments, causing extreme financial hardship.  Adult Protective Services intervened, as well as local politicians.  My income has been terminated again since July of 2014, and now the defense counsel wants to start another round of “medical evaluations” rather than medical treatments.

DEFENSE AGAINST THE PSYCHOPATHS

They have refused to “mediate” since I’m not dead yet, and such an event may cost them merely $100,000 in fines, as happened in Romano Trust vs. Sedgwick…. the HR peeps and adjusters kept their jobs, Sedgwick became more profitable, and nobody in Work Comp cared that yet another injured worker died a gruesome death….. PROFITS PREVAILED OVER LIFE.   DO YOU CARE?

DO YOU REALLY THINK YOU HAVE THE RIGHT TO REMAIN SILENT ANY LONGER?    http://www.womenontheirway.com/news-releases/advisory-board-launched/

As promised, here is a little more information on the Coastline Cognitive Retraining Program in Newport Beach that I hope to be accepted into, a great find.

“ATTORNEYS – DID YOU KNOW?  …..did you know there is a premier cognitive retraining program right here in Orange County? Coastline Community College is the home of the Acquired Brain Injury Program for your clients suffering from an acquired traumatic brain injury following a car accident, slip and fall, or perhaps, caused by medical negligence.”

.

“Why is this important to you? After your client sustains a mild traumatic brain injury, he or she can lose their employment because they can no longer focus or complete tasks necessary to complete their job. The defense will say that your client is malingering and being lazy….”

.

“The cognitive rehabilitation program lasts from 1-2 years and classes are four hours a day, four days a week – Monday through Thursday. The cost of the program is the cost of taking classes at Coastline Community College. In comparison, private cognitive programs can cost tens of thousands of dollars. The ABI program can help your clients to mitigate their damages and return to the work…”

.

Here’s the link to the lawyer’s comments, and other participants….  

http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor

Keep it handy, BRAIN INJURY IS THE SILENT EPIDEMIC, and most work comp doctors are sadly not in the know about diagnosis and treatment, causing egregious harm to injured workers at Wyndham in California and workers everywhere in America.  BE ALARMED AND BE ALARMING.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 PS  EBOLA AND HOSPITALITY:  BREAKING NEWS

Hotel stocks lower after U.S. Ebola case reported • 1:41 PM

Clark Schultz, SA News Editor
  • Concerns about the Ebola case in Dallas have contributed to a downward swing in hotel stocks

  • The group has been one of the hardest hit sectors on the day.

  • Decliners: Starwood Hotels (NYSE:HOT) -3.8%, Hyatt Hotels (NYSE:H) -3.1%, Hilton Worldwide (NYSE:HLT) -1.4%, Diamond Resorts (NYSE:DRII) -3.0%, InterContinental Hotels Group (NYSE:IHG) -2.6%, Wyndham Worldwide (NYSE:WYN) -3.3%, La Quinta (NYSE:LQ) -1.7%, Marriott International (NASDAQ:MAR) -3.5%, Red Lion Hotels (NYSE:RLH) -2.3%, Choice Hotels International (NYSE:CHH) -2.3%.

  • Previous coverage on Ebola impact

     

    The picture below was on FB, so it must be true, huh?! Ask a Risk Manager Today!

Ralphs Market and Romano

See any similarities?  One difference, they didn’t cut up my right shoulder rotator cuff tear…..didn’t even get PT for it till more than a year later, then they authorized an MRI and when it was determined that surgery was “necessary” the law firm chick says, “Oh, that’s not an accepted body part.”  Even though it was all over her premature attempt to coerce a settlement in November 2012 that required a) RESIGNATION FROM MY JOB, b) FORFEITING ANY FUTURE MEDICAL CARE, UNEMPLOYMENT, TEMPORARY DISABILITYand c) Releasing all parties from any liability for…. no kidding—-> $100,000, which also included unpaid medical miles and unpaid self-procured medical expenses that were, at the time, merely $1,700.  The number has escalated to more than $27,000 in unpaid expenses, and no kidding, the defense counsel thinks the injuries are minimal and the reserve amount on the claim is not much more than ….no kidding, “$100,000 neighborhood” but that it’s not “ripe” for mediation (translation?  ‘you’re not dead yet, you’ll cost us less then, particularly in California’  ‘Let’s organize a few more evaluations, our doctors need holiday funds, and evaluations are the best way to launder money in these operations…..and so what if our doctors only spend 25-55 minutes in their evaluations… for thousands of dollars….they have to pay their staffs to make up those reports…’)

Stephen Holmes 100000

If you are a Wydham employee, ask Steve Holmes, above, or  this guy, Thomas Motamed, CEO, below.  Dunno Steve’s income, but Thomas apparently makes more than $10.7 million a year and his company is the WorkComp Insurance Carrier for Wyndham.  They don’t provide necessary medical care either, and Wyndham says they can’t help, as they rely on CNA and Grancell to take care of their employees.  Yikes….. That “call from Chicago” sounds scarier and scarier and the facts be told, huh?

CNA CEO MOTAMED

Neither Wyndham Human Resources, Wyndham Employee Assistance, Wyndham’s WorkersComp Insurance Provider, CNA, nor Wyndham’s “Defense Counsel” were able to find and or authorize any medically necessary treatment for the traumatic brain injury OR ORTHOPEDIC INJURIES sustained at work, and they have consistently interrupted self-procured treatment, and failed to reimburse more than $27,000 in medical miles and medical treatments since 2012, and received a $20,000 discount from the State of California for failure to pay TTD on a timely basis.  Yeah, you read that right.  They made a $20K profit for refusing to pay TTD, despite Court requirement as well, so the State of California gave them a $20,000 bonus and negotiated away the rights, provided by law, of this injured worker, and it is apparently a pattern and practice of all major carriers, sanctioned by States.

PEREZ  LABOR DEPARTMENT 2014

Date of injury:  January 9, 2012         First date of medically necessary treatment for TBI:  August 4, 2014

Ain’t that just awful, and something for all ‘stakeholders’ to be ashamed of?

constitution  too long didnt read

So, COUNT ON ME, I found the COASTLINE 1-2 year program after hearing a speaker and ‘graduate’ of the Coastline Program, speak at the SCRIPPS ANNUAL BRAIN INJURY REHABILITATION CONFERENCE in May of this year, to an audience of primarily doctors, scientists and other health care providers.  I was invited to attend because I told one doctor, “You know, Wyndham may have to pay for vocational rehab to train me to be a neuro-scientists”…. He didn’t know if I was kidding or not, but encouraged me to attend the conference, that was a wealth of information.  As I tried to convey to Wyndham’s people and others all along, I AM INJURED, NOT STUPID.

#InjuredWorkersUniting…. Silent No More…

ASK ABOUT THE WORKERS COMP GRAVY TRAINS

https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

In seeking legal counsel, even Larry Parkers’ office won’t help this injured worker.  Is there a “do not help” list in the world of workers comp?  The call I got from Chicago was….awww, never mind….watch for a blog on that too….. Yeah, be quiet, be sweet, be nice, be patient……

Who else is JUST FOLLOWING ORDERS??

If you have any questions or comments, leave them on the blog or contact any of us directly.

WE ARE THE MEDIA NOW.  HAVE A NICE DAY.

Sincerely,

Linda Ayres, In Pro Per

wynlinda@gmail.com

Lucy and Friends on WorkComp Crimes

For any inquiring minds, a recent email thread is below…. in response to defense polite notice of more evaluations and continued failure to act in good faith to obtain medically necessary treatment…..

PS  A recent LA Times article apparently mentioned LA Cops and Firefighters accused of faking work comp injuries and staying off work too many days.  Articles didn’t seem to mentione if said individuals ever got medically necessary treatment, or if they, like me, have been fighting to get medical care and fighting to return to work forever….  My first request to return to work with accommodations was October 2012.  Defense counsel told Wyndham to have no contact with me, so they just followed orders.  Some doctors had advised that had medical treatment been provided anywhere in that first year for brain injury (not just a little psycho-therapy and a couple chiropratice sessions) I might have been returned to work by then.  Wanna bet those cops and fire fighters are being kicked to the curb too…..?  Some investigative reporter may tell the rest of the story, someday soon, huh?

Special Report

L.A. pays millions as police and firefighter injury claims rise

“City officials offer a number of theories for the rise in claims and costs: an aging workforce; delays in approval of medical treatment; and the cuts in police overtime, which eliminated a key financial incentive for injured officers to return to work quickly.”   http://www.latimes.com/la-bio-jack-dolan-staff.html   jack.dolan@latimes.com

Let’s hope their Unions address these inflamatory pieces, huh?  

What’s Wrong Becomes Right  http://daviddepaolo.blogspot.com/2014/09/whats-wrong-becomes-right.html

Hey, America…… Heads Up.  Don’t give up your rights to think also.

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: MBX – WVO Center <wvoleavesupportcenter@wyn.com>
Cc: Stewart Reubens <SReubens@grancell-law.com>; fred.sachs <fred.sachs@cna.com>; melisa.paramo <melisa.paramo@wyn.com>; mary.falvey <mary.falvey@wyn.com>; kembria.hahn <kembria.hahn@wyn.com>; Tina R Jordan <tina.jordan@wyn.com>; Linda Ayres <wynlinda@gmail.com>; Linda Ayres <lindaayres@aol.com>; Linda Ayres <reolinda@aol.com>; katy.brant <katy.brant@wyn.com>; kate.powers <kate.powers@wyn.com>
Sent: Tue, Sep 30, 2014 8:28 pm
Subject: WWID 4415287. Accommodations, return to Work, FEHA, Job Descriptions, Medical Treatment. Ayres, Linda

Dear Wyndham Leave Support:

You were inadvertently left off this distribution list.

The out of office response from Tina Jordan indicates she is gone through October 12, 2014.

Copies of multiple job descriptions have been requested and not yet received. A further delay will have a chain effect of further inauspicious delays.

Time is of the essence in the ongoing fights to obtain medical treatment and to initiate the FEHA required interactive process for return to work and accommodations issues.

Please reach out to Fred Sachs, CNA adjuster of the insurance company handling Wyndham Employee work comp coverage, as we, as employees, are also insured under that policy.

Please also reach out to Stewart Reubens and know that his role is adversarial and not in the interests of any injured worker.

These two individuals are attempting to work with me as I represent myself in order to finally get medically necessary treatments for a witnessed slip and fall backwards on ice at Big Bear on 1/9/12.

I hope none of you ever have to endure the tortures and horrors I have because of this work injury and the HR department failures to properly tran staff and intervene when Wyndham agents fail in compliance with Labor Codes and fail to provide medically necessary treatments.

It is still happening to me. You could be next.

Work with Mr Sachs and Mr Reubens to get what they need to move this forward and Melisa, please send me immediately the requested job descriptions so y doctors can make informed decisions.
My life depends on it.

In the event more treatment time at Scripps Brain Rehabilitation Program in Encinitas is authorized this week, we will anticipate commencement of FEHA interactive process in San Diego or Oceanside.

Please confirm who my H R Contact is for FEHA compliance.

Time is of the essence.

Thank you.

Linda Ayres, In Pro Per
“COUNT ON ME”
Wynlinda@gmail.com
LindaAyres@aol.com

InjuredWorkersUniting;
Silent No More

From: “Linda Ayres” <lindaayres@aol.com>

Date: Wed, 1 Oct 2014 02:52:12 +0000

To: Stewart Reubens<SReubens@grancell-law.com>

ReplyTo: lindaayres@aol.com

Cc: <fred.sachs@cna.com>; Tina R Jordan<tina.jordan@wyn.com>; <melisa.paramo@wyn.com>; <mary.falvey@wyn.com>; Linda Ayres<lindaayres@aol.com>; Linda Ayres<wynlinda@gmail.com>; Linda Ayres<reolinda@aol.com>; Hilda A. Chalgujian, PhD<hchalgujia@aol.com>

Subject: Response to Stewart: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Hi Stewart,

Thanks for your email. I will look at the attachment soon.

I had to drive to Palm Desert and Indio today, so I am horizontal and very brain fatigued. I also had a session with Dr Hilda regarding how I am doing and where we go from here, and what paperwork is pending on all sides, and further info needed before I can be released to work and with what sort of accommodations. I also dropped off the accommodation papers for Dr Bergey’s review and completion and signaturesm Tina authorized the continuance, and told me to also put it in writing, which I did. Everybody got copies.

Also, bills are due and you haven’t forwarded the summary of the $27k in unreimbursed medical expenses since January of 2012 to Fred, so his hands are apparently tied. I am still TTD and my benefits are still due, or an advance on settlement would be a good faith effort in spite of more than 2.5 years failure to provide properly requested and medicallly necessary treatment for brain and other body part injuries. Just saying.

I did indicate I will attach the summaries of the $27k+ one more time, to the Proposal for Settlement I am working on.

If I am accepted to Coastline and start Oct 20, that could be powerfully good for me and for my future.

Dates to keep in mind: Wyndham Indio sales training to commence in November. H R will not provide the tentative to me yet.

October 20, 2014 potential start of Cognitive Rehab 1-2 year program in Newport Beach at Coastline. (I sent you info already)

(My old blackberry is a workhorse, but not great with attachments. My apologies.)

Ideally, another month or so will be authorized at Scripps and they can assist us with the FEHA Interactive process. Compliance that covers many of your questions.

Fred hopes to have a Corvel UR response by Friday, expedited, since they apparently have up to 30 days.

You already have the Scripps recommendations for RTW accommodations. What else you looking for today?

Did you see the 3 page spread sheet I provided this weekend in response to Tina Jordan’s request for “what if/then” scenarios? I worked very hard on that and it may serve as a guide when we finally start the Interactive process, that will involve more professionals.

Consideration is being given to a much less expensive cognitive rehabilitation program in Newport Beach, which starts October 20th, if I am accepted as a candidate who can be helped via their 1-2 year program. It is included in the 3 page excel spreadsheet what if/then scenarios.

Did you read it or do you want me to send it again with “proof of service”??

I am not “MMI” and without knwoing what treatment will be authorized from here, neither Dr Hilda nor Dr Bergey can just “guess” and risk such liabilities.
Fred may also be involved in the Interactive Process meetings the precede
RTW determinations?

In separate email I will send a brief summary of the Coastline. program, as described to Orange County attorneys by a brained injured attorney, as a means to help an brain injury Survivor and mitigate costs and exposures.

They suggest I get as much time at Scrippps as possible. If that means I don’t start at Coastline till January, so be it. Oct 20, with lodging, is my first preference today, pending of course, what treatments get authorized to get me MMI..

It could make you and Fred heros in wrapping up this case. I suggest you keep an open mind. Fred represents Wyndham, and me, as also insured as an injured worker, and in fiduciary responsibility to me as well.

The Grancell role has just been that of trouble makers all along……

Fred can help you too, if you let him.

As I have told you before, you frighten me and I have no reason to trust anything you say or do. Remember, I am injured not stupid. I am from the world of timeshare; I know your kind. They train us well. In Hawaii they might call you a “whale”….sillly names, but they make the power points.

Anyhow……
I need vision therapy stilll (to make it easier for me to edit and shorten emails)

You and Fred have already seen the requests for SCRIPPS recommendations and Dr Bergey’s requests for hearing aids required for this industrial injury.

Will you be requesting an Audiology PQME with an audiologist with TBI expertise. I don’t see the real point to “hearing more” that I am unable to process due to frontal lobe damage, but the doctor at Scripps is very smart and specializes in brain injuries and was relieved for me that she did not find ‘auditory processsing dysfunction’…..so it is much worse for some others with head injuries.

If you concur, let’s just get the aids at Scripps and we can see how they may expedite rehab, too. The cost s about $6k for starters, to be replaced every 4-5 years till death, if I remember it right.

Its included in the “Proposal for Settlement” I am working on and hope to send to you soon. I am using the one Kim Mall got in Nov 2012 when they tried to coerce me to quit my job and settle for $100k, wthout having seen any of the recommended specialists or received any of the recommended treatment for my brain till August 4, 2014. I am using it as a template. She left out so many rcords and a bunch of ICD9 codes, but did include the right shoulder and MRIs and EEGS and more.
I think the evaluating doctor was from out of State.

The Coastline Rehab program may also allow RTW, so as Tina suggested that all I might for now is a housekeeper position since my fingers are not broken, I am hereby asking that a job description for houskeeping be included with the other job descriptions I have requested for review and consideration by the treating doctors.

I do speak some Spanish, and getting fluent could be a project in cognitive and vacational rehab.

There is a Wyndham Hotel in Irvine that could fit the bill for RTW if I am accepted at the Coastline Rehab place for October start.

I will ask Dr Bergey is the untreated right shoulder rotor cuff tear could be compensated in some way that would let me work as a housekeeper, perhaps light duty. He would have to also see that job description. Me too.

A desk job with a second monitor might be a better option.

I want to have also a Functional Capacity Assessment that will help fine tune “work restrictions” and accommodations when we have a meeting. Time is of the essence.

Will you ask Fred to authorize it and provide a list of vendors, or we’ll just the company I found when I attended the CAAA conference exhibits.

Please confirm the medical records index that includes all the records I provided to Dr. Holmes at the aborted QME, and please ensure that all subsequent records are included. I will attend if you are in compliance. If medical records are omitted, we can duke it again in Court. Your pattern of practice has also been established.

I will agree to a Neruopsych panel as long as the doctor meets legal requrements and has current treating practice with traumatic brain injuries.

I am getting to an expert in these tests and my results seem to improve by sheer practice effect. Why do you want to spend more money on more evaluations instead of treatment. That is so nasty and evil, but so common.

The guy Kim Mall tried to send me to a couple months ago for a neuro-psych eval does not and has not treated TBI patients for over 7 years. HIs whole practice is WC evals. I will object and refuse to see him or anyone like him. Do check credentials and again, ensure I have a complete set of medical records provided to such doctor. Since I am not convinced you habe all the files, I want hard copies of the complete set of records you will send to such neuro-psych doctor.

Matrix/Relince is also sending me for another neuro-psych eval. Good Xmas coming for those doctors and their expensive 30-45 minute evals they charge thousands for.

(Did yu reallly pay OBrien, Kent and Zardouz for what they produced? 35+ real doctors disagreed with their findings, but, Ms Mall did set them up by omitting more than 300 pages of medical records, and when I got a Court Order requiring they be provided, she sent them totallly disorganized and asked them find the ones she had omitted. Big billable hours for doctors to organize Grancel records. Oh well. Fred may not know about that..now he does)

The standard eeg taken at Eisenhower in spring 2014 strongly recommeded further review of medical records for valid interpretation of this EEG. That has not yet been authorized nor accomplished yet. It is my understaning the epilepsy is a risk of TBI and a baseline MRI specific to such readings is recommmended annually, so you may want to ask Fred to either authorize Dr Michael Lobatz to request such an eval, or see if Fred has any better luck than Daniel in find a neurologist wth TBI expertise.

I think Dr Kent and Dr Zardouz and O’Brien can be ruled out as non-experts regarding diagnosis or treatment of head injuries now, and the Leckart firm would likely tear their records to shreds and perhaps involve civil actions, wouldn’t you agree?

You have received copies of my accommodations request and Tina Jordan has also received a request for an extension beyond the 9/26/14 premature demand for the completed forms, in lieu of interactive process.

I hand delivered today the Wyndham forms to Dr Hilda Chalgujian and to the Office of Dr. Darren Bergey. I am not their only patient, and demanding such a response within a week is not reasonable. Tina Jordan verbally agreed to 10 days past TD date, sooner if possible, for responses from the doctors.
As you know, we are awaiting further information and decisions on continuation of and commencement of medically necessary treatments before the doctors can accurately advise of what restrictions and accommodations may be required.

I have also asked Tina Jordan and Melisa Pamano, with copies to Mary Falvey, to provide job descriptions for the referenced possible alternative positions in the Wyndham system, in order for Dr. Bergey, Dr. Chalgujian, Dr Lobatz and possibly the Scrippps Interdisciplinary Team to consider in evaluating restrictions and accommodations to be further discussed at the FEHA mandated Interactive Process meetings.

As you also know, Dr Bergey has indicated that I am still TTD and the minimal and interruption treatment at Scripps Brain Rehabilitation Treatment Center continuance was thwarted by asking Dr Nudleman, via Corvel UR, to make a potentially life threatening health decision based on incomplete medical evidence (as referenced in the appeal regarding the continued pattern of practice to omit medical records with intent to harm and deny medical care, as usual.)

Fred Sachs has autorized Corvel to have either Dr. Nudleman or another doctor review all the records and make a decison. We are anticipating an expedited response.

Sorry this is so long, but you brought up multiple points. I find that if I print my long emails and read with a highlighter, they make perfect sense.

I will read it again in the morning and try to summarize the action points and include it with that lawyer applause about the Coastline cognitive rehab place. I will also add anything I may have left out due to te brain injury and brain fatigue fom today’s session and travels.

If you and Fred can put these pieces together and suggest a “Proposal for Settlement” before I get mine done, maybe we can settle up soon, I can return to work and get to the Coastline 1-2 year program. I need to hurry to work to get insurance coverage because y’all have failed to provide it all along, and the brain regulates all body systems.

Till next time, good nite all

Sincerely. Linda Ayres, In Pro Per

#InjuredWorkersUniting
#Silent NO More

PS. Got notice today that the CA State hearing re the failure to pay TTD and the discount the State of California of mmore than $20K pure profit to CNA, while negotiating away my civil rights is to be video recorded and conferenced. Sounds pretty high tech. Will advise more as it unfolds. No date yet.

PS Please ask Fred to ask his boss for a settlement advance. I have been denied income since July 2014 c’mon, its financial terrorism and you know it. Stop it, thanks.

By copy, I am again asking Mary Falvey to intervene on behalf of this injured worker and also insured under the CNA workers comp policy.

InjuredWorkersUniting;
Silent No More

From: Stewart Reubens

Date: Wed, 1 Oct 2014 00:19:35 +0000

To: Linda Ayres

Subject: FW: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Please find enclosed for your review the notification of medical appointment with Dr. Holmes for 11/21/14   [Yet another orthopedic surgeon, d’oh!]

I am also requesting a Neuropsychological Panel

Finally, I am requesting information as to what your work restrictions are from the treating doctors

Thank you

white roses

PS  Dunno how to attach an excel spread sheet to a blog, so it’s pasted here in case you didn’t get the email…

ACCOMMODATIONS SCENARIOS, ‘WHAT IF’S’…. CONTINGENT ON DECISIONS ON MEDICAL TREATMENT
IF THEN ACCOMMODATIONS preliminary REQUESTS FOR CONSIDERATION in Compliance with FEHA Guidelines.
IF: Medically necessary treatment is provided THEN: RTW with accommodations is desired by IW, in order to to return to work as a once again valuable employee, using these terrible experiences to help ensure no other Wyndham employee is subjected to such horrors for the profits of the few, or because too many people didn’t do their jobs….causing egregious and irreparable harm to this worker. The type of accommodations that may be necessary are contingent on many variables, including how soon treatment is resumed, what kind, where other providers can be found, and what will be authorized.
IF:  Until MMI is determined, Cognitive Rehabilitative treatment to include and not be limited to: on-going neuro-psychology sessions with Dr. Hilda Chalgujian and Orthopedic with Dr. Darren Bergey… Acupuncture for Brain and Neck, Back, Shoulder Pain, Auditory treatments and equipment and other medically necessary treatments that may HAVE BEEN REPEATEDLY recommended and required by treating doctors, along with vocational rehab and restoration of all Professional Credentials lost due to Wyndham’s failure to provide immediate, reasonable and appropriate medical care from date of injury to this date.  Participation of medical professionals to be included in identification and implementation of any/all necessary accommodations, in compliance with FEHA guidelines and Interactive Process THEN:  Interactive Process of FEHA required to sort this out, and Injured worker again requests that any/all such meetings include necessary recording and memory aid devices, in compliance with ADA accommodation requests.  Said accomodation was denied at informal meet and greet meeting with Wyndham HR Director and HR Manager in Palm Springs on 9/23/14, and Interactive Process has not begun yet.  Further, to compare my RTW ops with that of a returning housekeeper felt like bullying and verbal abuse and age discrimination.  Please also do not compare an untreated brain injury to a broken finger, arm, leg or toe.  That is highly insulting and perceived as continued harm and abuse, in sheer bad faith and breach of fiduciary responsiblities.   Defense and HR have been provided with info on CA law regarding rights to medical care and FEHA RTW and accommodations. All accommodations recommended by SCRIPPS, by Dr. Chalgujian, Dr. Bergey and injured worker, to be explored based on treatment authorized, location and positions to be fully explored in interactive process; more or less accommodations may be discovered in that process;  All previously requested accommodations to be considered as medically necessary treatment was not authorized and ‘rest and wait’ did not cure the conditions. Functional Capacity Assessement, as allowed by WC Law, in addition to the report by Dr. Chalgujian, to be expedited to be included in the assessments, alleviating the guessing with more hard facts.  Reimbursement by Wyndham/CNA of more than $27,000+ plus penalties, in medical miles and medical expenses since date of injury, 1/9/12, expected as part of the RTW accommodations, and retroactive TTD reimbursements, in compliance with laws of the land.
1 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas… continued medically necessary interdisciplinary treatment is authorized on appeal for 2-3 more months, along with participation in the FEHA Interactive Process, THEN:   RTW, Part Time in North County Wy ndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
2 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas … continued medically necessary interdisciplinary treatment is denied but continued Occupational Therapy, Speech Therapy at SCRIPPS is authorized for as long as necessary…. THEN:   RTW, Part Time in North County Wyndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
3 IF:  SCRIPPS Brain Injury Day Treatment program is denied…. THEN:   Explore alternatives to legal liability to provide medically necessary treatment to relieve pain and remediate injuries
4 IF:  Coastline Community College Traumatic Brain Injury Cognitive Rehabililtation 1-2 Year Program – Post SCRIPPS, (if resumed immediately until acceptance to the CCC TBI program), commence first semester 10/20/14, upon acceptance THEN:   RTW, Part time in Wyndham property in Irvine, Newport Beach or Costa Mesa, position to be explored and determined in Interactive Process Lodging in Newport Beach or Irvine, full relocation PLUS:
5 IF:   Local providers for Speech Therapy, Occupational Therapy, Physical Therapy and Vision Therapy on a minimal basis  (CASA COLINA is similar to SCRIPPS and there are issues of Defense interference and missing records and failure to treat; LOMA LINDA is a bit closer, Eisenhower is closest to Indio; SCRIPPS would be closest for the 1-year Coastline TBI Group; Vision Therapy is in Fullerton, to be resumed asap. THEN:   RTW part time at Wyndham Indio Resort to participate in Sales or QA/VLO/Resort Guide training in December, then transfer to Palm Springs after Indio training (in-house line), or when Palm Springs Sales Office opens for Season. Lodging at Indio resort during 14 days of training PLUS: ,   rest break of 3-4 days after training processing training, then commence part-time a) Sales (in-house or hybrid) b) Resort Guide or c) QA/VLO; sufficient time off for medical appointments;        d) If the 1-2 year Coastline TBI program in Newport Beach accepts application and if it is authorized by CNA, then SCRIPPS would again be the reasonable choice for the non-interdisciplinary treatment requirements; If this/then that to be determined.
6 IF:    The Bad Faith and Breach of Fiduciary Responsiblities continues and medically necessary treatment is not provided, and FEHA Civil suit is mandated with anticipation of CLASS Action, so be it….  If the doctors will assume responsibility and professional liability for claiming that I may return to work with minimal accommodations in order to save my life and keep home, so be it THEN:  RTW part time at Wyndham Indio Resort, as QA/VLO position upon authorization to RTW, in the salaried position of $50,000 with benefits commencing immediately, and employee group health insurance to commence immediately, with assurance that the industrial injuries sustained at work on 1/9/12 but not treated until 8/4/14, then said treatment severely diminished then terminated, so that proper medical care can be obtained and due process of the fullest extent of the law, including ADA violations and age discrimination in failure to treat, and refusal to engage in interactive process. RTW part time in Indio after full time training in November, with a break before return to sales in-house line or RTW part time in Indio after QA/VLO training and re-establishment of California Notary and Broker’s license in the interim, loss being caused by Wyndham and it’s agents and failures to treat industrial witnessed slip and fall backwards, and Wyndham’s failure to have properly trained staff in handling incidents of work injuries in compliance with California Labor Laws and US Constitution.  Please also see accommodations requested since October 2012, and said requests are also to be explored in the FEHA required Interactive Process.  If Injured Worker didn’t have brain injuries, this process might be as simple as RTW for a ‘housekeeper with a broken finger’…. Sadly, a brain injury is a more complex than either HR, the Insurance Carrier, the Adjuster, or Wyndham senior staff may grasp.  The Corporate irresponsiblity and blatant disregard for an Injured Worker is unconcienable, and has been from day one.
7 SEE PREVIOUSLY SUBMITTED PRELIMINARY ACCOMMODATIONS REQUESTED OF WYNDHAM ON BEHALF OF INJURED WORKER BY SCRIPPS BRAIN INJURY REHABILITATION PROGRAM, and refer to phone discussions between Scripps and Wyndham and Grancell.
PLEASE PROVIDE, AS PREVIOUSLY REQUESTED, ALL EVIDENCE, RECORDS, VIDEOS, AND ANY INVESTIGATIVE WORK BY WYNDHAM OR IT’S AGENTS REGARDING THIS INDUSTRIAL INJURY.  PREVIOUS REQUESTS HAVE ALSO BEEN IGNORED BY ALL ‘STAKEHOLDERS’