How? Have untrained staff, incapable of handling a work place injury, unable to offer medical support, transportation to an emergency room, or call 911. Ensure that staff do not know how to complete a DWC-1 form, know nothing about alleged MPN-Provider Networks, never send a get well card and never inquire over the years of denied medical care how the employee is doing; above all, never extend a get well wish, and threaten abled working staff to NEVER SPEAK TO AN INJURED WORKER, under any circumstances. Refer always to HR.
Then, hope for a newbie Adjuster who can “just follow orders” and rely upon EAP referred doctors for referrals to other specialists. Hope that adjuster seriously follows PLAY BOOK that apparently deems it necessary to terminate all benefits upon diagnosis of serious injury, including Brain Injury and commence acts of emotional, mental and financial terrorism.
Hope for a designated defense counsel that will go to any means necessary to “win the case” with plenty of Court time and other billable hours on matters related to legal chicanery and obfuscation of facts. When both are replaced after a few years, hope for seasoned, jaded professionals without hearts or souls. Higher on the food chain, the more intense the outcomes.
Count on AME/QME/IMR doctor reports written by non-medical staff, signed by industry leased/owned professionals for the big bucks, and know that legitimate doctors will also be cheated out of agreed upon fees and more.
Hope for a Risk Management team to successfully shift all risk and cost burdens to State and Federal agencies, without fear or caution. If necessary, hope for a fraud unit that will call injured workers and ask, “So tell me, ______, when ARE you going to die?”
Count on total violation of Civil Rights—-because WorkCompsters appear to be above the law, with no regard or respect for the Constitution of these United States of America and callous disregard for life and liberty.
Few studies discuss the true causes of the absolute failures of the Grand Bargain, known by injured workers as the Grand Work Comp Fraud.
As evidenced at Doctor’s Trials of Nuremberg, when doctors are criminals, there are grave social problems. When the criminal activities of doctors are supported and protected by criminal lawyers, the problems are compounded for all concerned.
Work comp insurance systems are a mega billion dollar crime syndicate, fleecing, maiming, torturing injured workers, causing permanent disabilities and premature deaths for injured workers and reaping extreme profits for the sonderkommando involved.
No, we don’t need more studies. All involved know the truths of the atrocities. But, if more studies are desired, begin to study how cops and firefighters are tortured and abused by the WorkCompsters when injured on the job.
Think harder and include the plight of injured veterans, being denied medically necessary treatments and “incapcitation pay” while self righteous and arrogant psychopaths allege the horror stories are exceptions rather than the rules of the work comp killing games.
When doctors and lawyers and judges and their ilk breach oaths of office… take heart in knowing there are others who take their Oath seriously,
…and will responsibly honor Oath before orders.
Start the 21st Century Doctors and Lawyers Trials in America and Canada and UK. Hold the multinational crime syndicate’s participants accountable for the extermination practices of Workers Compensation Grand Fraud. . . Prepare the gallows.
“There is NO EXCUSE for the #WorkComp Atrocities in America”
but we might be on to an explanation…..!!!!!!!!!!!!!!
WorkComp Law….and Atrocities…
AS THE FILE CHURNS, Wyndham Sleeps and CNA asks IW:
“…when ARE you going to die?”
Primary Treating Physician for Ayres vs. Wyndham et al is an Orthopedic Surgeon designated as PTP for BRAIN INJURY CASE, because the alleged MPN Network of CNA is apparently losing swathes of doctors for non-payment and ridiculous handling of claims, they have no brain injury experts and damages caused by CNA by refusals to provide medically necessary treatments.
CNA now relies heavily on Corvel Corporation orthopedic surgeons and clinical psychologists to deny brain injury care based on false and incomplete medical evidence, and lack of expertise in the brain department. People complain about that Maximus IMR Gang? …..Corvel says, ‘let them all eat cake!’ as their nurses and sonders churn out denials like they were going out of business. The Corvel ‘doctors’ seem to have fangs in the Social Security denial system too?
Most of the CNA leased/owned independent doctors don’t even know that the brain is a body part located in the head, and one of their neurologists says ‘take an over the counter analgesic’ and their other neurologist says, ‘Look, you didn’t get any medical care the first two years, you’re already over 35, nothing will help you now. Go for a walk, get skinny, use the neuro-optometric theraputic lenses they wouldn’t pay for, but you did, and stop whining about vision and auditory impairments.’
Some real doctors just walk away from the #WorkComp Scams, some stay in it, slugging it out on behalf of injured workers, and others just ride the Dinner Car of the #WorkCompGravy Trains.
Nearly every single request for expert treatment for brain injury by the PTPs have been denied, first by non-doctors, Kim Mall, Attorney for Grancell, then by Daniel Elliott, Adjuster for CNA aka American Casualty. Remember remember, Wyndham Worldwide had (and probably still has) no standard practice for injured workers other than handing them an incomplete DWC-1 form with a shrug and “See any doctor that accepts work comp insurance” with the ‘time-share-salute’.
The Coastline Foundation continually searches for new and innovative ways to serve the Coastline community. Coastline Community College is a campus without walls, and the Coastline Foundation (like its parent college) knows no barriers. Contact the Foundation at firstname.lastname@example.org or call (714) 241-6154.
LIFE HAPPENS…. They train the trainers! The DOD seeks their expertise. Their ‘Graduates” sing their praises! Compensatory Strategies help many Brain Injury Survivors return to life; sadly, not all are so fortunate. Not everybody survives…..
The Evaluation [QME] by Dr. Jeffrey Holmes, Orthopedic Surgeon, has been aborted again, and to be rescheduled in December, after spending nearly 70 minutes at the appointed time, confirming medical records and sorting through confusion. It was a pleasure to meet Dr. Holmes and his kind and gracious staff. Harvard men can have manners, yes?
As injured worker was quite clear that the good doctor was being invited by Defense to participate in an on-going fraudulent denial of medical treatment scam, and that he deserved to have all the facts so that he could make a legitimate evaluation of the right shoulder injury and other orthopedic challenges.
2012 medical records and 2012 attempt to coerce premature settlement by Defense clearly referenced right shoulder injury, and current hard-fought for Acupuncture has been for the ‘right shoulder only’ and they tried to tell the acupuncturist treatments were not to be used on the brain. D’oh!
(Acupuncture is a whole-body system of treatment, most helpful to some brain injured patients.) The Defense postion letter started out with lies, that just got more egregious, and current defense counsel stated he saw no reason to change anything in Kim’s letter. Birds of Feather poop together?
Current PTP was successful in getting 6 physical therapy sessions authorized in Spring 2013, for a Winter 2012 injury. Then an MRI in Summer 2013 of the shoulder was authorized, determining a need for surgery and a severe shoulder rotator cuff tear. It took a Court Order to get appointments scheduled for Physical Therapy and Acupuncture in 2013. Is that right use of Judge’s time?
Defense attorney Kim Mall (Grancell-Corona) then indicated that the adjuster was wrong, there would be no further evaluation because it was not an accepted body part. She did not want to hear that the adjuster was trying to do the right thing. She squashed it, and no doubt billed on.
Several days in front of a WorkComp Riverside Judge, to deal with issues of omissions of medical records—more than 300 pages left out for 3 doctor reports, so those doctors relied on instruction from the defense, based on their egregiously flawed reports, QME/AME/and 2nd Consult.
Conveniently, those industry leased/owned doctors moved the reported date of injury on some reports a year forward, to 2013, using medical evidence of 2012 to ‘support’ fraudulent claims of ‘pre-existing’ symptoms such as dysfluent speech, impaired cognitive abilities, inability to recognize people, auditory and visual processing….. One made a correction to the date when confronted, but not to the false opinings, or his meds were off too.
No worries, WorkComp Courts REFUSE TO HEAR COMPLAINTS ABOUT ATTORNEY/PROVIDER FRAUD, AND SO DOES THE COMMISSION IN CALIFORNIA. DISTRICT ATTORNEY IS TOO BUSY? CAAA suggests injured worker keeps on looking for a competent legal firm to represent.
DEFENSE FIRM REFUSES TO MEDIATTE, SAYS THE CASE IS “not ripe”… (i.e. Injured worker is still breathing???)
DEFENSE FIRM REFUSES TO PROPERLY PROCESS MEDICAL EXPENSES REIMBURSEMENT REQUESTS FOR NEARLY $30,000, AND INSURANCE CARRIER IS AWARDED $16,000 BONUS BY STATE OF CALIFORNIA – EDD — APPARENTLY OUT OF GENERAL TAXPAYER FUNDS…FOR REFUSAL BY CARRIER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS IN YEAR 1 AND 2 OF INJURY…. Perhaps the WorkComp AUDIT UNIT will do their job and suprise all stakeholders with fines and penalties.
THE INJURED WORKER HAS NOT YET RETURNED TO WORK…. WYNDHAM CONTINUES TO REFUSE TO PARTICIPATE IN THE INTERACTIVE PROCESSES OF #FEHA, AND THE DEFENSE FIRM CONTINUES TO OBFUSCATE TRUTH…SENDING QME DOCTORS BUNDLES OF DISORGANIZED FILES, THAT SEVERAL HAVE BILLED 7-8 HOURS TO “organize” prior to review, and generally, those doctors just have their “staff” write a report following guidelines of defense counsel, fraudulent misrepresentations and all.
These doctors are not apparently accustomed to an injured worker fighting for survival without a lawyer—two threatend to sue for ‘harassment’ when omitted records were properly served with requests for supplement reports reflecting further medical evidence. Several Court hours were wasted (but billed by Defense firm?.)…. to sort out the missing records.
The file was pulled from Kim Mall, and given to Stewart Reubens, in Grancell-Novato office. Stewart doesn’t like to read. His office must be full of rubber stamps?
Date of injury was 1/9/12, despite repeated requests for a brain injury experts—a Physicist, a Neurologist with Brain Injury Expertise, A Neuro-Psychologist, to manage an INTERDISCIPLINARY TEAM OF EXPERTS — Speech Therapy with Cognitive Remediation, Occupational Therapy, Neuro-Vision Therapy, Physical Therapy — TO TREAT A TRAUMATIC BRAIN INJURY CAUSED BY A WITNESSED SLIP AND FALL BACKWARDS AT THE WORLDMARK BY WYNDHM BIG BEAR RESORT ON 1/9/12…..
What can break the impact of a fall backwards besides the SKULL? See picture for help with that question. Hint: THE SKULL. 2ND HINT: Where is the brain located?
Evaluations Evaluations Evaluations…. and #WorkComp Defense now wants MORE EVALUATIONS?!!! For how many more years??
The recent Ortho Eval was aborted again, due to file obfuscation by Defense Firm, to be rescheduled.
While Grancell refuses to honor ADA request for electronic communications, it seems that Stewart sent a letter recently requesting yet another neuro-psychologist evaluation (after DIR told him NO once more) and he is apparently clue-less that such testing cannot be done more often than every 7-9 months, or ‘practice effect’ renders the results bastardized. Or, maybe he does know that, as he knows such a battery of tests was done again in October 2014. All results point to a traumatic brain injury, with requests for treatment.
Even the Grancell leased Forensic Psychiatrist wrote, ‘If there was evidence of a concussion from a slip and fall, injured worker would certainly be entitled to medical treatment….but there was not fall, no concussion, and it was probably just an epilepsy attack.” D’oh! Doc off his meds that day?
Forensic Psychiatrist wrote 3 supplemental reports at the request of Grancell’s Kim Mall, each one more outrageous and egregiously fraudulent than the prior, until they decided to put the reports on the ‘do not regurgitate in summary’ instructions, and also asked to have the name and report dates removed from the Medical Index. Invoking the 5th amendment might have been more efficient? (He also suggested that if IW has civil rights complaints, she take it to The Hague. He provided the direct line for the local DA to facilitate further complaints….THAT’S SCARY THAT HE HAD THAT NUMBER SO HANDY, HUH? d’OH! He refused to believe complaints had already been filed.)
“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.
After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
See entire artire ABA Journal article here: http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-client_discovers_lighthearted_churn_that_bill/
Oh goodness! That alleged #WorkComp “long time activists” gang says they are banning me and removing me from their email distributions lists forever, but gosh golly, they keep sending me emails saying they’re really gonnna do it now, and I better look out! D’oh.!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sadly, they either have Langley 401(k) accounts, have just blown a promotion for a failed attack on an injured worker, or are simply casualties of the #WorkComp Opiate Wars on Injured Workers. They couldn’t be working for CNA, could they? Naaaaaah….the timing and stupidity makes it plausible, but deniable.
Their “leaders” do seem to have long time insurance industry connections. Hmmmm. The attacks are text book out of The Rules of Disinformation and The 8 Traits of Disinformationists.
In any event, their mean spirited and non-sensical blastings are….insignificant in the greater scheme of things.
Remember Remember the 6th of December….
See you There!
I also submitted a few nominations; it was brain-racking to think of those who help vs. those who harm…
NORIN GRANCEL + CNA + THOMAS MOTAMED + LINDA AYRES + WYNDHAM – WWID 415287. OUTRAGED
“Based on the information from you and your doctors, it is clear that you are unable to return to work at this time.”
[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?”]
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.
Subject: Fwd: LINDA AYRES- WYNDHAM – WWID 415287. OUTRAGED
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.
LINDA AYRES, IN PRO PER
PS Will there be a #Wyndham table at the #WorkCompCentral #CompLaudeAwards on December 6 at the Sheraton Gateway LAX?
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.
“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.
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….
(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:
Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)
(b) Who are your secondary treating doctors (i.e, in other specialties)?
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. 😕
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.
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”
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:
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 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.
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.
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.
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.
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!
WE ARE THE MEDIA NOW, ‘BY ANY MEANS NECESSARY’…. HOORAY FOR THE CONSTITUTION!!!
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?
LINDA AYRES, IN PRO PER (WITH A BRAIN INJURY, D’OH!)
ps…. No, no… no relation to Bill….he spells his last name incorrectly.
From: Linda Ayres <email@example.com>
To: tina.jordan <firstname.lastname@example.org>; wvoleavesupportcenter <email@example.com>
Cc: mary.falvey <firstname.lastname@example.org>; melinda_rubel <email@example.com>; melisa.paramo <firstname.lastname@example.org>; fred.sachs <email@example.com>; sreubens <firstname.lastname@example.org>; kembria.hahn <email@example.com>; katy.brant <firstname.lastname@example.org>; kate.powers <email@example.com>; alyson.johnson <firstname.lastname@example.org>; christine.dasilva <email@example.com>; margo.happer <firstname.lastname@example.org>; merav.benedetti <email@example.com>; steven.alessandrini <firstname.lastname@example.org>; lori.ford <email@example.com>; jack.dolan <firstname.lastname@example.org>; info <email@example.com>; info <firstname.lastname@example.org>; jackcanfield <email@example.com>; mark <firstname.lastname@example.org>; president <email@example.com>
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.
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.
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.
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.
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.