I worked for CNA

Many years ago, I also worked for #CNA. Today, I am an Injured Worker, ‘Protected’ by a CNA Worker’s Compensation policy, since January 9, 2012.  



Perhaps this and other like groups will find value and lessons to be learned in this blog…  https://askaboutworkerscompgravytrains.com/list-of-posts.

This is Brain Injury Awareness month! Think think think.

Thomas Motamed has quite the organization, doesn’t he? Please extend hellos and wishes for a very interesting life to him and his ilk.

Thanks so much.



PS. GotTBI2? #WarOnWorkers got you down? Interrupt the war on workers. WOW! 

Be creative.

If you can’t work, then blog! It doesn’t have to be perfect… We are in the trenches… We’re surrounded by psychopaths… The good news is… We know where they are.



We are the media now… Carry-on.

ASK ABOUT TBI SURVIVORS NOW

https://askabouttbisurvivorsnow.wordpress.com/2014/08/21/introducing-my-new-website-ask-about-tbi-suvivors-now/



  • WE ARE THE MEDIA NOW 

THE GREAT DEBATES ON THE GRAND #WORKCOMP FRAUD

#TBI Survivors remind:  MARCH IS #BRAIN INJURY AWARENESS MONTH; everyday is Brain Injury Awareness Day for a Survivor . . .

Injured workers are a particularly challenged population by the egregious failures of insurance carriers, and refusals of employers to demand that the terms of the work comp policies are honored and delivered. Bad faith and breach of fiduciary responsibility are huge problems in this arena. A host of other work comp vultures add to the losses of injured workers. Give a hoot.

People come from around the world for the #Coastline Acquired Brain Injury Program in Newport Beach, California.

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It is all about “compensatory strategies” for dealing with brain injuries.  I pay for it, in more ways than one. Check it out. Coastline ABI knows the deal on brains!!!

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Tell your friends and neighbors about Coastline ABI PROGRAM. . Tell your doctors and attorneys, too.

Ask about #WorkComp Gravy Trains Now  https://askaboutworkerscompgravytrains.com/

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Update on my Wyndham brain injuries of January 2012?!

Nothing changes when nothing changes.

#CNA refused to provide medically necessary treatments since date of the brain injuries, making any injuries worse ….. #CorVel Corporation seems in collusion with callous failures to provide medically necessary treatments. ….and #WyndhamWorldWide #WORLDMARK continue to fail to intervene in the egregious breaches of fiduciary responsibilities.

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Will more months on the “rest and wait and wait” program,  sprinkled with a few more expensive evaluations with treatment recommendations for the defense to object to seems to be the continued strategies.

TEMP TOTAL DISABILITY payments were NOT made by carrier in 2012-2013 and instead of 104 weeks of TTD followed by State 52 additional weeks (since failures to provide medically necessary treatments did NOT manifest miraculous recovery in the first 3+ years)…actual weeks paid was not close to legal entitlement, hard to calculate as payments were regularly irregular, leaving injured worker nearly destitute. ..were it not for a purchased long term disability policy and early social security.

Last payment from carrier to Injured Worker was approximately May 2014. Next time you read an article suggesting that an injured worker “milks work comp…” Get the facts Jack and Jill! Roughly 80 percent of injured American workers LOSE their jobs, their health, their sanity, their homes, and their lives?! Complaints have been made to the State Controller, as there seems to be plenty of monkey business with taxpayer funds as well crossing state lines.

Ahhhh, the #GrandWorkCompFraud is alive in California and Illinois and New Jersey,  for sure. Does that make it a federal offense?

What a criminal shame. Labor code required insurance company to provide immediate reasonable and necessary medical treatment. They have not, and clearly will not, until perhaps criminal investigations. If only the district attorney would do their job, injured workers, like me, and like you, would not have to endure the torture and terrorism of such organized criminal activities.

Naw, work comp is NOT broken. You know that and so do I. What’s next?

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#WorkComp is everybody’s BUSINESS.
DEMOLISH #WorkComp?  Start the trials and let the juries decide!
What would Sun Tzu do about The #GrandWorkCompFraud?

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WE ARE THE MEDIA NOW. .. See you on LinkedIn, too. TWEET TWEET

#TTFN

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/

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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

“Churn, Baby Churn” Chant of WorkComp Defense Firms in America.

“There is NO EXCUSE for the #WorkComp Atrocities in America”

but we might be on to an explanation…..!!!!!!!!!!!!!!

flag distress signal

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’.

Slow forward:

Ortho Report Oct 2014

Ortho report October 2014  2 of 2

COASTLINE ACQUIRED BRAIN INJURY PROGRAM  NEWPORT BEACH —http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

COASTLINE FOUNDATION http://www.coastline.edu/community/foundation/

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 foundation@coastline.edu 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.

 

Work Comp  TBI Wyndham and YOU

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.

wpid-img_20141113_185828.jpg

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?

wc CLAIM DENIED

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?

tbi and icelinda-ayres-says-join-me-on-twitter and linked in lindaayres311

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.)

'CHURN THAT BILL BABY

“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/

SEE MORE, IF YOU READ:

Courtroom Avenger

 

wpid-img_20141113_185828.jpgLife with TBI is so

WorkComp Wassup America  Nov 2014

WC DOCTORS

 

linda-ayres_profile_qr

#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

Work Comp: The Game is Rigged! CEO Makes $10.6 Million!

Back Injury at Work?  What should David DePaolo Do Now?

Hey David, don’t worry about it.  You’re not alone!

There’s very little risk of prosecution for fraud, work comp defense attorneys get away with it all the time. The District Attorneys look the other way, and Employers believe their insurance carriers have full impunity, and thereby protecting the Employers too.    
Here in California, the WorkComp judges won’t even have the word spoken in the Courtrooms or Waiting rooms without stern warnings.  ‘No worries’ ….
 
Every now and then corporate media seems to tell a story about Joe or Jane Worker, just to keep the unsuspecting public off balance, and confused by the ol’ stories that ‘work comp is broken’… See The 25 Rules of Disinformation and The 8 Traits of Disinformationists.  Good work comp defense firms are masters at these tactics. 
 
Rest and wait is a standard work-comp line, so take the afternoon off!  🙂
 
Just get better.  You don’t really want to risk further injury by denials of medically necessary treatment, or worse yet, seeing a ‘system’ doctor.  
You are over “35”….so the risk increases exponentially as an injured worker.  
Few dare utter the word, “extermination” as the result of 3-D medical practices by insurance companies…. DELAY, DECEIVE, DENY….. Take care of yourself!  

WorkComp is a dangerous place.

WE ARE THE MEDIA NOW. CARRY ON AND ON AND ON.
WE ARE THE MEDIA NOW. CARRY ON AND ON AND ON.

 

As to WorkComp being broken, did you know that the CEO mOTAMED of CNA makes $10,600,000 a year, A 27 % INCREASE FROM 2011 according to Crane?  Ha!  There’s a dude who KNOWS WORK COMP AIN’T BROKEN, HUH?

CEO Thomas Motamed took home a base salary of $1 million, the same as the year before. His performance-based cash bonus rose slightly to $3.8 million from $3.3 million in 2011. His perks also increased to about $919,000 from almost $783,000 the year before. Those perks included parking, medical exams, use of company aircraft and onboard catering, dividend payments and other investment contributions.   
See More Here: http://articles.chicagotribune.com/2013-03-13/business/chi-cna-ceo-sees-compensation-climb-to-106m-in-2012-20130313_1_performance-based-cash-bonus-option-awards-compensation
 

I wonder how much Stephen Holmes, CEO of WyndhamWorldwide makes?  

(Wyndham’s customer base is primarily working class, blue collar middle aged people, with a smattering of white collars!)  

Or Norin Grancell, CEO of Grancell, Stander, Reubens, Thomas and Kinsey?

(Grancell’s team seems to be primarily Enemies of InjuredWorkers in California (with sociopathic/psychopathic tendencies, polite as hell though…) 

 the game is rigged

These are the Boyz responsible for more than 2.5 years of failure to provide medically necessary treatment to me, as their people apparently don’t grasp that the brain is a body part located in the head.  Nice guys, huh?  Yeah.  It appears that they ‘don’t give a damn’ about the lives the destroy, huh? 

THINGS MONEY CANNOT BUY chief  warriors last fish

 

Heck, they don’t think they have to even reimburse medical miles to the 45 day visit to the Orthopedic Surgeon handling the brain injury case, let alone reimburse more than $25,300 for said medical miles and additional self-procured medically necessary treatments that they refused to authorize. The Information and Assistance Officer repeatedly cheerfully supports their positions.

 
dominoes and constitution

You might consider joining NAIDW… National Association of Injured and Disabled Workers.  Their slogan is “No Worker Left Behind”…. You’re not alone!   

NAIDW CAP
 
So, I’ve been on the rest and and wait and wait and wait and wait program since 1/9/12…… The game is rigged.  
Swearing WTF
See your local chiropractor and acupuncturist and avoid Workers Compensation by any means necessary.  

THE GAME IS RIGGED!!!

InjuredWorkersUnited SILENT NO MORE

#InjuredWorkersUnited…SILENT NO MORE.  ;D