“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’.
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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/
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.
My Fellow Americans and Fellow Injured Workers… I NEED YOUR HELP TO FIGHT #WORKCOMP CRIMES
I’m tired of fighting these organized criminals. I have a brain injury and I have a war room of evidence against these monsters.
I have just been accepted into an Orange County—COASTLINE COMMUNITY Cognitive Rehabilitation Program, that starts next week.
These monsters can only continue the DDD…. Delay, Deny, Deceive Sonderkommando actions that any injured worker in America must contend with, as our country crumbles by the actions of such treacherous psychopaths.
DEFENSE AGAINST THE PSYCHOPATH
This entire blog is the trauma-drama…………Please share it with your friends…. Somebody must stand up to these killers in suits.
I did my best. Take care of one another. They are killers, make no mistake about that.
WE ARE THE MEDIA NOW. TILL LAST GASPS….
From: Linda Ayres <firstname.lastname@example.org>
To: fred.sachs <email@example.com>
Cc: sreubens <firstname.lastname@example.org>; cna_help <email@example.com>; mary.favey <firstname.lastname@example.org>; tina.jordan <email@example.com>; melisa.paramo <firstname.lastname@example.org>; wvoleavesupportcenter <email@example.com>; fraud <firstname.lastname@example.org>
Sent: Mon, Oct 13, 2014 2:30 pm
Subject: Coastline Cognitive Rehabilitation Program $184/semester, Starts October 20, 2014, Orientation this Saturday at 8 am AYRES VS WYNDHAM ADJ8181903
Dear Fred Sachs, CNA Adjuster et al
I just spoke with the admissions office at Coastline Community Cognitive Rehabilitation Program and I have been accepted into their program. The fees are due by Friday and the cost is $184.00 per semester.
This requires a one year commitment, possibly two years, depending on my cognitive improvements.
The failures of Wyndham, CNA and Grancell can be righted, to some extent, if there is cooperation to help me get cognitive care now for the injuries that were not treated at the time of injury, not during the first nearly 3 years
You just spent more than $50,000 at SCRIPPS for their interdisciplinary program that you did not let me complete, and here you can save your companies thousands of dollars and help me get treatment that should allow me to return to work. One of their graduates was a speaker at the SCRIPPS Brain Injury Rehabilitation Conference I attended in May 2014. His injury was over 16 years ago, he still has severe cognitive impairments, but via Coastline, he has learned how to compensate for the losses, and is now a successful city manager. His work comp case is on-going, but his carrier finally saw the light and now provides medically necessary treatments.
This morning was wasted with emails between me and Stewart since he can bill hourly, probably, for silly letters and alleging he doesn’t understand what I have stated about the errors in his attempts to make an accurate medical index.
Let’s decide immediately whether on Monday you will have made arrangements for lodging for the first quarter of my treatment at Coastline, and if Tina Jordan has made arrangements, in compliance with FEHA accommodations requested for a possibly return to work in the Newport Area, possibly the Wyndham Hotel in Irvine, or, if logistically possible with lodging, then a return to sales in Oceanside. The interactive process was designed to sort these things out, but it was refused.
Now we have a short window to decide where I must be next Monday, October 20th…… at Coastline with plans to return to work in Orange County, or at Indio, for the Quality Assurance position or a similar position to the sales job, with a guaranteed income while return to work is attempted.
I await response from Wyndham, from CNA, and from Grancell. You have collectively harmed me like war criminals….. can you please stop it now, and help me get to Coastline to get some help for the brain injuries exacerbated by the chicanery of Grancell, Stander, Thomas and Reubens, and their staff.
It is my hope that Wyndham employees, owners, and members will demand an immediate audit of the WorkComp matters of Wyndham Worldwide on a national scale. As a shareholder, I have a small say as well. As an Injured Worker, and as an American, I say it’s time for some people in authority to step up to the plate and do the right thing.
Thank you for your consideration.
By copy, we’ll also ask people in America what they think would be the next right action.
Linda Ayres, In Pro Per
PO Box 835
Yucca Vallley CA 92286
760 368 5243
PS If you would kindly reimburse the more than $27,000 I had to pay for medical expenses on my own, and if you would return the $20,000+ bonus the State of California gave you for refusing to pay temporary total disability payments in 2012/2013, I would haven’t to ask for help to get there, even though you have started the financial terrorism thing again. Bummer. No income since July 2014, and LTD is skewed up because of your chicanery and they cannot confirm they will resume and for how long. BTW, AGGRAVATION IS NOT GOOD FOR A HEALING BRAIN.
Hello, and thank you for the add to: Worldmark The Club (aka: Worldmark by Wyndham), Owners Group
Wishing all WorldMark by Wyndham owners and guests many years of fabulous vacations. It’s a great product and Wyndham has some great employees to make your vacations as wonderful as possible!
I was injured while working at WorldMark by Wyndham Big Bear in 2012; a witnessed slip and fall backwards on ice, causing a brain injury… I am stilll waiting for treatment, and the treatment by Wyndham’s insurance carrier and defense counsel has been horrific. Wyndham HR has simply shrugged with ‘not my job’ attitude when pleaded with for help.
Here are links to part of my story, for anybody interested……If you own your own business or if you are an employee, you need to know about #WorkersComp in America, and how it impacts you and yours, today and tomorrow.
#WorkComp #RTW Woes?! Just a “Circle Jerk”?! D’oh http://t.co/mOXeoGlpAE
If you’re not yet following this blog and sharing with your friends,…
Take it to TUG. Take it to ARDA… and to your friends and neighbors….people deserve to know how the mega billion dollar timeshare industry kicks it’s employees to the curb… PROFITS BEFORE LIVES, BY ANY MEANS NECESSARY. Bummer.
At the next Shareholders meetings, you might demand an audit of the Work Comp insurance and defense costs…. and hold them accountable for what seem to be escalating costs, while providing no medical treatment and thereby consequent tremendous harm to at least one injured Wyndham Worker.
Those of us who have been around the planet a while know that how people and companies do one thing, is pretty much how they do everything…..
Wyndham is a good product. Their human resources department needs a complete overhaul. Know that the next ‘owner update’ you attend, just for the gift…. is a part of the predatory capitalism in play….
Be well, and find your voice!
Enjoy your Vacations! #OccupyWorldMark #OccupyWyndham #OccupyTimeShares
*Return To Work! #RTW! InjuredWorkers are just a profit center to the insurance industry. No wonder the Defense tries so hard to prevent return to work, with creative failures to provide medical treatment in breach of fiduciary responsibilities and sheer bad faith and nasty evil doings.
Not only can it be a huge challenge for an Injured American Worker to get immediate, reasonable and appropriate medical treatment, it can be even more challenging to return to work.
Here’s more on the story that started January 9, 2012…. a witnessed slip and fall backwards on ice, in snowy Big Bear, California, at the WorldMark By Wyndham mountain resort sales office.
One doctor, in October 2012, in response to a threat from the Defense counsel, alleging his reports had not been received (although they were sent multiple times, with and without proofs of service) changed his mind about work abilities, and requested accommodations.
None of the treatments he had requested for nearly a year had been authorized, other than 4 sessions with a clinical psychologist to deal with the stress of having a brain injury, with strategies on how to fake-people-out that there is no brain injury, and if only the injured worker would spend $500 out of pocket for a day planner for TBI (Traumatic Brain Injury) survivors, and give 145% effort upon return to work…all would be well and they could close their case.
His reports insinuated that his requests resulted in treatments, but no reports on the progress of any such treatments, as they did not happen. D’oh. Anyway, his ‘requests for accommodations’ and medical impairments would have been enough to make an HR Manager Cringe, and a Timeshare Sales Manager curse and spit. Return to work denied in 2012.
Throughout 2013 and to-date in 2014, attempts by the primary treating doctor designated by the WorkComp system, an Orthopedic Surgeon (FOR A BRAIN INJURY!!!) were ignored and denied at every turn of the calendar. By mid-2014, said doctor’s office said, ‘you can see we cannot get you any brain injury care; you’ll have to find your own brain doctor’….. and through relentless dialing and crying and pleading…..a neuro-psychologist with a tremendous background in brain injuries was located, and agreed to treat this injured worker, because she took an Oath to help others, and do no harm.
By way of another miracle, the defense firm authorized this doctor to be the secondary treating doctor, who was successful in getting a little bit of medically necessary treatment authorized. Six months at SCRIPPS Brain Rehabilitation Program was requested, 16 days were authorized. At the end of the 16 days, another 2 months were requested; 8 more days were authorized.
Part of what was paid for by the insurance company was a Work-Hardening, Return To Work Program, with participation in the FEHA required INTERACTIVE PROCESS with the Employer, at the job site, and with the expertise of their professionals to orchestrate the best possible return to work scenarious to set up the injured worker for success in RETURN TO WORK. #WyndhamWorldwide HR refused to participate in the process, and it’s unclear if they just received bad legal counsel or what.
Bottom line, THE INTERACTIVE PROCESS WAS THWARTED, AND RETURN TO WORK EFFORTS ABORTED, AND HOPE FOR RETURN TO WORK SHATTERED BY MORE FAILURE TO PROVIDE MEDICALLY NECESSARY TREATMENT FOR RETURN TO WORK.
Defense Attorney seemed thrilled to be (re)advised that the TTD (Temporary Total Disability) order was extended through October 18, 2014. His response was as if he had never seen the report and continued TTD order. He must be very busy with his partner/shareholder/office management duties, as he seems most unacquainted with this case, that was dropped on his desk a few months ago.
So, then the defense attorney goes on and on about there’s no medical release for return to work, the file (which he isn’t familiar with at all) ‘indicates your impairments are minor’ and there will be no medical treatment to aid and assist getting a medical release for return to work, there would be another Orthopedic Evaluation Order, and another request for another Neuro-Psychologist evaluation from “independent” insurance company owned/leased evaluators, in order to determine whether MMI – Maximum Medical Improvement has been attained.
QUESTION: IS A MILD BRAIN INJURY LIKE BEING JUDGED ‘MILDLY QUADRAPALEGIC’ as asked by Super Lawyer, Chris Asvar in a famous work comp brain injury settlement case in California of 2012, that went differently that the Romano Trust vs. Sedgwick matter that cost the life of an injured worker with a rotator cuff tear. D’oh. In all cases, many doctors and lawyers make the big bucks, huh?
(Without medical treatment, yep, f—–ked up is as good as it gets, Dude, thanks. Life span cut by 7-10 years, which is about by half at this stage. The line of defense brings to mind the question: WHAT IS THE DEFINITION OF A ‘CIRCLE JERK’?)
~~~~~~~~~~~~~~~~ WILL LA TIMES INVESTIGATIVE REPORTER, JACK DOLAN, DO A STORY? WE CAN HOPE…. If YOU want corporate media to do a little research, maybe send Jack an email Jack.Dolan@LATimes.com and ask him to pretty please check this story out….it sounds too outrageous to be made up…. or find him on Twitter or LinkedIn….
Hi Guys….This may be a step in the right direction since I heard from neither of you regarding the Coastline Cognitive Rehabilitation request for authorization and lodging requirements.
If I don’t start Coastline or return to work in a salaried job with minimal accommodations on October 20th…we will carry on by any and every means available and necessary.
Let’s get me medical treatment and return to work stat. You have already successfully shortened my life span by 7-10 years. …so let’s stop the insanity now.
Let’s pow wow Monday.
Linda Ayres, In Pro Per
Sent on a Sprint Samsung Galaxy Note® 3
(Best smart phone on the market for a TBI Survivor….find out why!)
From: CNA Help <email@example.com>
To: reolinda <firstname.lastname@example.org>
Sent: Sat, Oct 11, 2014 11:16 am
Subject: Re: Linda Ayres WWID415287 ACCOMMODATIONS AND RETURN TO WORK PROPOSAL FOR IMMEDIATE RESOLUTION CNA E3269102 Quality Assurance Representative [#1699004]
Dear Linda Ayres
Thank you for your inquiry. It has been routed to the appropriate team and you will receive a response within the next two business days. If you require a quicker response please call us at 800-262-4357 for assistance.CNA Agency Help Desk
1-800-CNA-HELP (1-800-262-4357) http://www.cna.com.
[Sent to CNA Help since email@example.com suggested unhappiness complaints be directed directly to the Department of Insurance, District Attorney and State Bar—-all of whom have been advised of the unhappiness complaints since late 2012, to no avail. It was nice of Chicago to call and advise that the complaints had been mis-directed to their CNA Fraud Department. Perhaps CNA Help will forward this to Mr. Motamed again…. last time, they were able to replace the adjuster; maybe now they can replace the law firm, in the best interests of Wyndham, Wyndham injured workers, and CNA itself.]
—– Linda Ayres Wrote —–
Dear Tina Jordan and Melisa Paramo and WVO Leave Support Department and CNA Central Help:
I was so excited to see this position opening today. It looks like a total trouble-shooter position, for which I am well armed. If an additional responsibility could be added to include “Site Injured Worker Advocate/Liaison” all the better!
Quality Assurance Representative
I would like to be considered for this position as part of the accommodations process, with an immediate start date. Please let me know when we can meet to discuss this position. I will ask my doctors to release me with minimal accommodations as soon as possible in order to attempt a 45-day trial return to work. I think I could be a valuable asset in this position, and it will draw on all of my strengths, while providing a stable income and good medical benefits.
If you can provide me with an offer for this position, I can take it to Dr. Bergey on my appointment this coming Friday and I am sending a copy to Dr. Hilda herewith. I think the attached will serve as a job description, but if you have one more doctor-oriented, please provide that as well. I will, of course, need continued treatments, but I would imagine appointments can be scheduled on off days, since I would further imagine this position includes Saturday’s and Sundays. I’m excited!!!
I have reached out to many global Wyndham employees telling my plight via Social Media; I will look forward to providing an update with some happier outcomes.
I didn’t hear back from Fred or Stewart regarding Coastline, and corporate housing in Newport Beach. More neuro-psych testing was performed Thursday/Friday at the Coastline Cognitive Rehabilitation program, and results will be forthcoming, along with a hopeful approval to their program. Without the return of the $27,000+ in reimbursements, and with the $20K that CNA sucked up in a bonus for refusing to pay TTD benefits in 2012/13, and being at risk of termination and a fight with LTD insurance provider while seeking reinstatement of benefits, I have no choice but to return to work. I look forward to seeing you all. In connecting on social media, it was a joy and delight to see that happy faces of so many uninjured Wyndham employees…..’having fun and making bundles of money, making a difference in people’s lives…’
An agreement to allow me to return to work to this position, on a 45-day trial, may give Dr. Bergey, Orthopedic Surgeon who was designated as the primary treating doctor for my brain injuries by the WorkComp people, and recently designated secondary treating doctor, Dr. Hilda Chalgujian, neuro-psychologist, something substantial to approve, eliminating all the unknown variables, particularly since malicious failures to treat and bullying continue.
While Stewart Reubens, Grancell-NOvato Attorney/Partner/Shareholder is not a doctor, he alleges my injuries are minimal, in stark contrast to more than 35 other doctors, and several brain injury experts. Mr. Reubens has indicated that the adjuster, Fred Sachs, in his suggestion that I draft a “Proposal for Settlement” was participating in more insurance industry trickery. I have not heard back from Fred to confirm or deny the insinuation of Stewart, and I am hopeful it was just another error in judgement and bullying by Grancell’s attorney. Be that what it is, it is clear that the continued denial of medical treatment will continue until they kill me, so please, let me return to work in a solid position such as this one, starting out at Indio, and transferring to Palm Springs as soon as that store opens.
If CNA, Grancell and their 3 “independent doctors” and the Corvel team of obstructionists who all disagree with the extent of my injuries as clearly documented by approximately 35 other doctors, and several brain injury experts this year, then, by review of my experience and time with Wyndham since 2005, in multiple sales locations, I am a natural for this position. I understand the starting pay is close to $50,000 annually plus bonuses and immediate benefits, and since I would not have to relocate, I can accept that.
I will then have access to medical treatment through the employee benefits again, and get the necessary medical help that has been denied all along. This would also mean I would not have to relocate, and it’s clear than neither CNA nor Grancell will help me get into the Coastline Cognitive Retraining Program, as they failed to respond on a timely basis to the Request for Authorization from Dr. Hilda Chalgujian of last week.
Please let me know when we can meet to explore this immediate opportunity, to be further considered with the list of FEHA oriented accommodations. If we can meet early next week, next Friday I could plead with Dr. Bergey and Dr. Chalgujian to release me to this job, on a 45-day trial basis. Then we will allll know what I can do, and if I can do it, great….. win win win. We can then all let the attorneys and the attorney general duke out the rest.
Please let me know what other information you may need from both doctors, and please confirm that there is no intention to provide medically necessary treatment, and that you understand my return to work is under duress and with intent to survive the horrors of the Wyndham work comp total system failure for this injured worker. I look forward to being a contributing member of the teams again, by any means necessary.
I look forward to hearing from you shortly to schedule a meeting at Indio for this position. Thank you. If I could start October 20, 2014, that would be great. Makes sense? Yaaaaay! See you soon!
Quality Assurance Representative – Indio/Palm Springs, CA–1412942
This position is responsible for supporting the sales effort by assisting in generating revenue and increasing the retention of sales while staying in compliance with all Company Policies, Business Rules and Government Requirements, and in a manner which results in satisfied owners. Position is also responsible for the oversight of accurate completion of all required sales documents ensuring compliance with all Company Policies and Government Requirements. And last, position upholds outstanding customer service levels and supports the sales effort to the fullest while staying in compliance.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
This is not inclusive of all duties, just the essential functions of the position. Other duties may be assigned.
Strategize with the Site Leader to identify and implement methods that increase retention rates.
Responsible for overseeing the accurate completion of all required contractual documents, Owner documents and/or Governmental Agency requirements.
Increase retention by overseeing and personally following up on outstanding contracts
Ensure compliance with Company Policies and Governmental Agency requirements.
Oversee that sales staff ensures Owner understanding of Company and Government required documents. Assist the Owner in understanding the Policies and Procedures of WorldMark.
Provide Owners with the highest level of customer service possible. Be a point of contact for Owners that have not transmitted into the system and assist them promptly and thoroughly with any questions, concerns and/or reservation requests..
Assist the Site Leader in training staff to assure understanding and adherence to Business rules and Sales Compliance Policies.
Advise the Site Leader of incorrect or inappropriate information being presented to the owners and/or new Owners. Assist Site Leader in the training and correction of these issues.
Responsible for working with Site Leader to ensure that all Sales misrepresentation issues are answered and resolved with Consumer Affairs in a timely manner.
Work with Contract Processing, Consumer Finance and Owner Services to resolve all Owner contract issues such as: incomplete Owner information/paperwork, Suspense Logs, and/or Legal or contractual disputes. Process all rescissions in a timely manner consistent with Company Policy.
Function as the site contact for all Corporate and Regional communication coming into the site.
Actively participate in daily Sales Meetings and attend Sales Training/Functions.
Audit Sales reporting for accuracy and keep Site Leader appraised of current status in a timely fashion.
Function as the main point of contact with the Sales Staff with Payroll issues.
Work with the Office Administrator to audit Commissions and resolve issues before Payroll deadlines.
Research any Compensation issues in CSS to the best of your ability.
Work with Office Administrator to communicate any issues that need correction to Regional Payroll Supervisor.
Assist Company/Region/Project Director in hitting Sales goals by:
Working the site pending portfolio to complete down payments ahead of schedule.
Work on getting replacement funds for down payment defaults.
Retrieve necessary information/documents/signatures to transmit contracts that are in suspense.
Function as the site contact for all customer service training, and as needed, other training.
Represent the Company in a highly professional manner at all times.
Responsible for supervising Upgrade Quality Assurance Representatives. This includes training, evaluating and monitoring employee performance. Responsible for training other Sales Staff to complete contractual paperwork as needed.
EDUCATION AND/OR EXPERIENCE:
Minimum requirements necessary for this position:
Must possess a California Real Estate License
Wyndham Vacation Ownership Sales , Quality Assurance, or Sales Administration experience, or minimum 2 years experience as a Quality Assurance Representative for another timeshare company.
SKILLS AND ABILITIES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or abilities necessary to perform these duties successfully. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the position.
Possesses strong business acumen and business sense.
Demonstrates flexibility and adaptability. Handles day-to-day challenges confidently and willing to adjust to multiple demands, shifting priorities, ambiguity and rapid change.
Ability to manage multiple tasks with the appropriate sense of urgency.
Hands-on positive work ethic. Leads for results and success, persists despite obstacles and opposition. Committed to organizational goals.
Fosters open communication. Provides timely, high-quality information up and down the Organization.
Keen ability to interact with clients at all levels of the Organization.
Excellent presentation, oral, written and interpersonal skills needed.
Energetic, results-oriented professional
Must have effective manager-level communication skills.
LICENCES, CERTIFICATES AND REGISTRATIONS:
Maintain appropriate State License/Certificate based on State Requirements.
Possess working knowledge of CSS, IRIS, Salepoint, Microsoft Outlook, Word and Excel.
Primary LocationUnited States of America- California-Indio
By the way, the termination of TTD Benefits again in July 2014, along with the $20k bonus CNA received from the State of California for REFUSING to pay TTD in 2012/2013, combined with continued failure to provide medically treatments, combined further with refusal to participate in interactive process and help with RTW matters appears to require another call to ADULT PROTECTIVE SERVICES for on-going abuse and financial domestic terrorism, along with more unhappiness complaints to DOJ, DOL, DA, CAAA, AG, EEOC, ADA, WTF ETC
What’s up? Do we have a status on Brain Injury Rehabilitation Day Program Start up yet? TIC TOC CHOP CHOP It was finally approved by the WCAB UR Appeal process on July 11, 2014… (Yeah, I know, the doctors recommended 3-6 months, and the approval was modified down to 1 month, but we can fight later about that) so let’s go.
Yesterday, SCRIPPS advised they had not yet heard from Daniel Elliott, CNA Adjuster. I politely suggested they go directly to you, for reasons we both know. So, maybe word today?
Did you have a chance to review the approximately 300 more pages of records that were provided to Dr. Holmes by the Claimant, in pro per, since your firm forgot to send an update of records and medical records index to either Dr. Holmes or claimant prior to the Orthopedic QME?
The SUMMARY PAGE of the series of unfortunate events followed by more unfortunate events that have contributed to failure to provide medically necessasry treatments for more than 2.5 years seemed to have your name all over it.
Learning Services; CNS Centre for Neuro Skills are standing by, and Casa Colina is another option, or just send me back to Jaudy Treatment Center, it’s all scientifically based, but the doctors like to be paid, not stiffed. You’re welcome, I know you are busy. “RADICAL INJURED WORKER CAUGHT ON FILM RAGING AGAINST THE SYSTEM”
Hey, did you ever spend the 9 minutes to watch this little video of me? Yeah, it makes me look like a real radical, revolutionary, psycho as Dr. O’Brien, Forensic Psychiatrist tries to portray me, huh? Check it out….. It was after 8 treatments at Jaudy Center…. You might find it shocking.
Oh yeah, the invitation is still open for mediation. I have also self-procured piano lessons….We’re on the kid’s book, and going very slow. At first the instructor didn’t think I really have a brain injury because I ‘look ok’….. I don’t even get to use two books, like her under age of 10-kids use…. I’m in the first book, and we go slow, real slow. But, it’s mathematical and scientific and said to be a good treatment for people with brain injuries…..So, till my employer decides I’ve been on the rest and wait program long enough to be provided with medical care, I’ll keep muddling along.
OH, my creative, therapeutic blogging is coming along nicely too, and I always feel better after I do a little “Ain’t it awful, WORK COMP” rant.
ok, I know I know…..we’re not pen pals. Just checking on status of SCRIPPS. MY BAGS ARE almost PACKED AND I’M READY TO GO.
Let’s move it, huh?
Thanks, Mr. Reubens.
Brain Injury Survivor,
Injured California Worker, IN PRO PER wynLINDA@gmail.com
CC: Daniel Elliott, CNA & Multiple Other Parties at SCRIPPS and beyond