Hurt on the Job? Uh Oh! HOPE FOR THE BEST — PREPARE TO FIGHT FOR YOUR LIFE
Lawyer Up or Self-Represent?
How does it work?
Who are the Key Players?
How do you get medical care? Hint: Cross your fingers and hope you don’t die first!
What to Track: Money In/Money Out/Money Stopped; Doctor appointments — arrival, names, notes, tests, directions, prescriptions, off work notices; Get and read copies of all medical reports and appeals, get business cards of all parties.
What to do if treatment is denied (and it will be denied, FACT! APPEAL, SQUEAL AND SQUEEK — JUST WHISTLE)
Why Blog? What to blog — What not to blog?
Suspect Fraud? Uh oh! FIGHT BACK!
Suspect Collusion? Uh oh! FIGHT BACK!
Did HR send a Get Well Card and Speedy Recovery Wishes?
Are you disabled? File for Social Security Disability immediately if you expect to be off work 1 year or more (Hint: If it’s work comp, count on it! File churning, obfuscation of facts, fraud and chicanery often caused delay, denial, deceptions and death. FILE TODAY; If you’re lucky enough to get legit medical care and return to work, welcome to that “1%” crowd!
Follow THESE Blogs – Comment on Industry Blogs
Join the #CommitteeOfBloggers – WE WORK LIKE ANTZ – Use these memes and hashtags too!
Lost your sanity, job, home and health? Uh-oh! Find an advocate to help you fight back – LEARN TO WHISTLE! #JustWhistle, #Tweet, #Blog, #Post, #Pin etc.
How? Have untrained staff, incapable of handling a work place injury, unable to offer medical support, transportation to an emergency room, or call 911. Ensure that staff do not know how to complete a DWC-1 form, know nothing about alleged MPN-Provider Networks, never send a get well card and never inquire over the years of denied medical care how the employee is doing; above all, never extend a get well wish, and threaten abled working staff to NEVER SPEAK TO AN INJURED WORKER, under any circumstances. Refer always to HR.
Then, hope for a newbie Adjuster who can “just follow orders” and rely upon EAP referred doctors for referrals to other specialists. Hope that adjuster seriously follows PLAY BOOK that apparently deems it necessary to terminate all benefits upon diagnosis of serious injury, including Brain Injury and commence acts of emotional, mental and financial terrorism.
Hope for a designated defense counsel that will go to any means necessary to “win the case” with plenty of Court time and other billable hours on matters related to legal chicanery and obfuscation of facts. When both are replaced after a few years, hope for seasoned, jaded professionals without hearts or souls. Higher on the food chain, the more intense the outcomes.
Count on AME/QME/IMR doctor reports written by non-medical staff, signed by industry leased/owned professionals for the big bucks, and know that legitimate doctors will also be cheated out of agreed upon fees and more.
Hope for a Risk Management team to successfully shift all risk and cost burdens to State and Federal agencies, without fear or caution. If necessary, hope for a fraud unit that will call injured workers and ask, “So tell me, ______, when ARE you going to die?”
Count on total violation of Civil Rights—-because WorkCompsters appear to be above the law, with no regard or respect for the Constitution of these United States of America and callous disregard for life and liberty.
Hey, is there anybody in this group who knows how to file a WorkersComp class action suit (or knows people who know people to file a class action suit) on behalf of injured workers in America, subjected to medical and financial terrorism, unabated fraud by doctors and lawyers owned/leased by the insurance companies?The case would start with Defendants WyndhamWorldwide and affiliates, CNA Insurance/ American Casualty, Grancell Stander et al law firm, WCAB, EDD, State of California office of the Controller, Offices of the District Attorney, and certain applicant attorneys and certain insurance company QME/AME doctors for complicity in frauds and others defendants, as necessary.
The initial focus would be BRAIN INJURED WORKERS, AND ADA VIOLATION by fraudulent patterns and practices of defendants, but would include all injured workers harmed and ultimately killed by this …. insurance company killing machine.
Lucy has spoken with Super Lawyers and New Lawyers since January 2012, and all levels of expertise and incompetence between. Lucy has spoken with many many many injured workers, and doctors and lawyers who have been injured by this system, and doctors who are afraid to participate in workers comp patient treatment for fear of being unpaid and for the financial and administrative chicanery of dealing with the organized crime groups that everybody seems to know about, but few talk about.
Hats off to #DavidDePaolo for his ‘politically correct’ touching upon the criminality that permeates the WorkComp system in California, and beyond.
So, Lucy will organize class action participants. Scott Bloch, Esq. of CA and DC may be willing to handle the class action suit, and Lucy needs help to prepare to ‘take this to the streets’ and create an initial California team of attorneys and injured workers and real doctors to participate.
So, until an injured worker is exposed to this vile system, there is no frame of reference for the depths of criminality an injured worker is exposed to, without, apparently, recourse of assistance. SOMETHING MUST BE DONE NOW. LET IT BEGIN WITH ME. I DO NOT HAVE THE RIGHT TO REMAIN SILENT.
Like Eienstein says, “Those who have the privilege to know HAVE THE DUTY TO ACT”….. So. LucyOccupy@gmail.com I hope to hear from you soon.
WE ARE THE MEDIA NOW. WE DO NOT…FORGET.
#WyndhamWorldwide WAGES WAR OF ATTACKS OF MEDICAL AND FINANCIAL TERRORISM ON INJURED WORKER, IN ABSOLUTE VIOLATION OF LAW AND CORPORATE RESPONSIBILITY???…See More
(Although it is in the Kindle book format, it may also be possible to download the book to a computer.)
“The book is about the brain injury human and civil rights survivor movement. It is about the Brain Injury Network all-brain-injury-survivor-advocacy nonprofit organization. BIN is the first organization dedicated to advocacy by and for our brain injury community.”
“The book covers our survivor community’s rights, issues, problems, and priorities. This book contains many citations and an extensive index. Please share this information. Thank you. Sincerely, Susan C. Hultberg, tbi survivor (1985) ”
Lucy Occupy There ought to be some law enforcement, huh? Makes the days of Al Capone look like kid-stuff…. Before they ‘get away with murder’ Lucy intends to do some serious screaming and hollering, with or without the help of thelegal community… WE ARE THE MEDIA NOW… DOJ has assigned an investigator to help “Lucy’s friend”…. we’ll see how that works out….
#MicCheck#LucyOccupy Kicked to the curb by a fb group alleging to exist for the purpose of what?? Oh, I see I was removed from the group Injured Workers Law & Advocacy Group?It says it is “maintained for academic purposes to facilitate national policy discussions”? Discussion of the billion dollar fraud industry in order to protect injured workers is verboten?
I know three people in the group, who know my case ‘intimately’……. Shocking to be removed from the group.
The shame of the WorkCompFraud system falls greatly on the shoulders of those who know, and refuse to act.
So, if your group has any interest in ‘acadedemic study’ of one injured worker’s case, here a blog.
MORE TO FOLLOW. WE ARE THE MEDIA NOW, COME HECK OR HIGH WATER.
Who has been Naughty or Nice in the Mega Billion Dollar “PROFITS BEFORE LIVES” #WorkComp Industries? David DePaolo, you take the NICE LIST, Injured Workers will deal with the NAUGHTY LIST. “Let’s get right to it!” (Poll included below; voting practice!)
As you know, the fabulous #WorkCompCentral annual #CompLaude Awards is coming up, and their team is counting on YOU to discover and nominate some of the best of the best in the field of Workers Compensation.
This year, it is a national event, with, we hear, a touch of international flair with a keynote speaker. Perhaps next year the Awards Nominations will expand even future, to including all nations. For those in the industry who may be challenged to understand the meaning of “on or before August 31, 2015“ (as was the case in a recently aborted mediation effort) what it means is NOT AFTER AUGUST 31, 2015.
KISS! Here’s the link to the Nomination site; make your nominations on or before August 31,2015. PARTICIPATE. FIND THE GOOD PEEPS IN WORKCOMP, NOMINATE THEM, ACKNOWLEDGE THEM, AND STRENGTHEN THEIR HANDS. My PUBLIC Acknowledgement list follows soon to confirm that yes, I have met some fine, decent people in my fight to survive WorkComp Terrorism and Chicanery as an Injured, now Permanently Disabled Older American Female Worker since 1/9/12….from that, nominations will be submitted to the WorkCompCentral team BY OR BEFORE AUGUST 31, 2015.
In WorkComp, as is Life, identification of problems is a first step in establishing solutions.
In addition to the ‘problems” identified in the InjuredWorkerBlog, #IWblog, ASK ABOUT WORKERS COMP GRAVY TRAINS, another way of looking at the content might be as a suggestion to ASK ABOUT WORKERS COMP CORRUPTION AND SKULLDUGGERY. In more than 3.5 years, no agency or institution or law firm or organization has been found to be qualified, able and willing step up to the plate and cause resolution and settlement of the tragic handling of California Workers Case, Linda Ayres Vs. Wyndham Worldwide, ADJ8181903. So it is.
Since there are unlikely to be any investigations of the deviant handling and skulduggery involved in this case by the District Attorney, the FBI, the Department of Justice, the Department of Insurance, the Department of Labor— best possible next action seems to be to just create a DNN LIST — DO NOT NOMINATE — for CompLaude Awards, Best Companies, Best this or That—-pending further investigations by an organization such as ProPublic and NPR, the facilitators of THE DEMOLITION OF WORKERS COMPENSATION.
Watch for the #WorkComp #DNN List …. coming soon:
Medical Comp DNN
Legal Comp DNN
Comp Bloggers DNN
Individual Comp DNN
Injured Worker Comp DNN
Leadership Comp DNN
Employer Comp DNN
Service Comp DNN
WorkComp Commissioners and Judges DNN
Law Enforcement Agencies DNN
International Recognitions DNN
With a special category to also include WorkCompsters- #SMFH
Through a sifting/filtering process, then this Injured Worker can get right to the NOMINATIONS FOR THE 2015 WORKCOMP CENTRAL #CompLaude Awards. David DePaolo gets big kudos for creating such a valiant national effort. I really do have several nominations to submit. It’s been a busy month, dodging Rads, and dealing with frivolous orders to compel, and more financial chicanery and terrorism. Watch for the DNN List…. It may Annoy or it may Inspire and Surprise!
Thanks to Medicare and the 3.5 years of WorkComp delay, deny, deceive, I have some legitimate doctor appointments this week! Thanks for reading and sharing. More follows very soon! You’ll appreciate the DNN list, too.
Oh Oh… PS…. If you have never taken a look at the ASK ABOUT WORKERS COMP GRAVY TRAINS blog page of RESOURCES, CHECK IT OUT. It includes some of my favorite peeps and services and providers. It will be revised to include others. Will you be listed on the “Naughty or Nice List”…
“The U.S. Attorney’s Office for Northern California expects to prosecute an applicants’ attorney for his role in a scheme involving an allegedly corrupt union boss, kickbacks for client referrals, banking violations, laundering proceeds from medical marijuana dispensaries, tax fraud schemes and even the infamous Hells Angels, according to documents unsealed Wednesday by the U.S. District Court for Northern California.”
The above picture is from the 2014 CompLaude Gala — yes, I was privileged to attend, as one of four InjuredWorker Nominated Finalists.
Yes, I took plenty of “heat” from the InjuredWorker community for attending. I arrived early, and met many of the exhibitors, and even attempted to maintain contact with some.
We apparently scare them apparently as much as they can scare us. ‘Can’t we all just get along? You could be next in the casualties of the mega billion dollar profitable WorkComp industries in America.’ We gotta convince them to change the business model from “Profits Before Lives” to something more Millenial Friendly, wouldn’t you agree?
NOW IS THE TIME FOR ALL PEOPLE OF GOODWILL TO COME TO THE AID OF HUMANITY.
Last year, the brilliant WorkCompCentral CompLaude event was California nominees only.
THIS YEAR, #WorkCompCentral has opened it to national nominations. Next year —-perhaps will be the first international Comp Laude Awards — as our neighbors are experiencing the same tragic mis-handling of work place injuries as we are.
The Canadian, Australian and UK injured workers seem to have more of a pro-active fight against the bad stuff on social media and in the Courts, whereas the majority of industry peeps AND Injured Americans appear to be addicted and practicing learned helplessness at the hands of the not-so-nice perpetrators of the industry. It’s time for change.
FIND THOSE WORKING TO MAKE WORK COMP A SAFER SYSTEM FOR INJURED WORKERS EVERYWHERE, AND STRENGTHEN THEIR HANDS! IF NOT YOU, THEN WHO? IF NOT NOW, THEN WHEN?
By the way, if any Injured Workers are interested in gathering there, with an Exhibit Table so they can see that we are human, and their industry failures have life and death consequences to real human beings, let me know know also by 8/31/15 and we’ll see what we can pull together.
Maybe my employer, Wyndham Worldwide, or it’s WorkComp Carrier, CNA, or their Defense Firm, Grancell Stander Reubens Thomas Kinsey will buy a booth and a table for an eclectic group of Injured Workers to facilitate participation? My injury happened 1/9/12 —- TBI — and you know how that’s going. You too, huh?
Well, if we cannot attend the gala, we can certainly #OccupyVirtually — lots of pictures and tweeting happen at the all day event!
MARK YOUR CALENDAR; SATURDAY, DECEMBER 5, 2015. SAVE THE DATE.
Description of Comp Laude™ Awards Nomination Categories
The following five categories are restricted to INDIVIDUAL (PERSON) NOMINATIONS:
Medical Comp Laude – can be a physician, a surgeon, a nurse, a physical therapist, a pain management specialist, acupuncturist, chiropractor, etc. Anyone with a professional designation in the MEDICAL field.
Legal Comp Laude – a Judge / judicial officer, applicants’ attorney, defense attorney, etc. Anyone with a professional designation in the LEGAL field.
Individual Comp Laude – Any individual (person) who is not a medical or legal professional but carries some designation as a workers’ comp professional; i.e. a Risk Manager, Human Resources Manager, Hearing Rep, Lien Rep, Safety Coordinator; Occupational Specialist; claims adjuster; RTW / SAW coordinator; bill reviewer; etc. Anyone with a professional designation in the workers’ compensation industry that is not in the medical or legal profession.
Injured Worker Comp Laude – Any individual who has been injured on the job.
Leadership Comp Laude – Any person who is considered an industry mentor / expert professional / speaker / educator / presenter.
The following two categories are restricted to COMPANY NOMINATIONS:
Employer Comp Laude – A public or private employer company.
Service Comp Laude – Any company that provides services related to the workers’ compensation industry: legal firm, managed care company; insurance carrier; medical practice (physician group, nurse case management, physical therapy); Pharmacy Benefit Management (PBM); Third Party Administrator (TPA); Medical Bill Review Services; Medical Supplies; language / translation; copy services, etc.
Thank you for your interest in the Comp Laude™ Awards!
Before you can make a nomination, WorkCompCentral asks that you login to their website and create an account. Just do it. If you have survived WorkComp, then you survive another login account and passcode. Remember, nominations are due by 8/31/15…. and you have to name people, and write something nice about them on the nomination form. Start thinking, thanks.
MEDICAL COMP LAUDE
LEGAL COMP LAUDE
INDIVIDUAL COMP LAUDE
INJURED WORKER COMP LAUDE
LEADERSHIP COMP LAUDE
Employer Comp Laude
Service Comp Laude
THINK LOCALLY * ACT GLOBALLY * OCCUPY VIRTUALLY
This has been a PSA-Public Service Message to/for/and on behalf of Injured Workers Everywhere!
Years ago I asked an ol’ Sicilian Godfather type character, “Will you tell me, please, what is the secret to making lots of money?” He said, “I will tell you. It is very simple. You find a need, then you fill it.”
What I have discovered about the majority of the members of the California Applicant Attorney’s Association membership is that they are generally burnt out, angry, disgruntled, overworked, screwed out of a decent wage by the chicanery of the Defense firms, and the end result is more casualties in the American Work Force. I’ve talked with plenty of you, from here to Northern California. Most of you have been polite and cordial, but compassion is a rare quality in your ilk, isn’t it?
In my case, people say, ‘Oh. She had 4 attorneys. She must be hard to work with.’ BLAME THE VICTIM, THAT’S HOW YOU SLEEP AT NIGHT?
Because the majority of CAAA attorneys seem impotent in the Art of Negotiation, and seem to feel condemned to working for what probably figures out to be about $10.00 an hour? The end result is badly managed work comp cases, workers that don’t get medical care, and as one of the four retained and dismissed in my case advised:
“Most of my clients don’t get medical care, they lose their jobs and their homes; it’s just how it is.”
That one attempted to coerce me to accept a premature settlement offer for a 1/9/12 brain injury for the ol’ $100,000, less legal fees, in November 2012, without benefit of having seen the specialist doctors recommended repeatedly, and denied not by UR but by the adjuster and the defense counsel.
He advised that, “Nobody will believe you have a brain injury. Work comp is a small community….” I told him I was injured not stupid and that if nobody would believe it was only because he didn’t do his job and get me to brain injury doctors, as repeatedly recommended by all the evaluating doctors I had been sent to. How much money did the approximately 40 evaluating doctors plus CorVel & Maximus peeps make off my life so far? How much do the defense attorneys make by continuously harming me? And how about those adjusters and their fraud department that backs them up?
I’ve spent close to $50,000 on medical expenses trying to Survive WorkComp, and to clean up the legal messes CREATED BY YOUR MEMBERS, and have lost professional credentials and earning capacity, and I haven’t worked since 1/9/12. Just because I can type doesn’t mean my brain injury healed on the rest and wait and wait and wait and wait CNA plan.
If CAAA members learned a bit about negotiations, they might find it reasonable to find alternatives to scavenger, bottom feeder type holds with liens when prior counsel has done nothing but harm the injured worker by doing a poor job, or no job at all.
One attorney’s I retained, when I advised his office they were being retained because the defense has a nasty pattern and practice of omitting hundreds of pages of medical records with intent (and success) to deny medical care, I was assured I would not be sent to any evaluations until the matter was resolved. Was that ever a whopper, committed by non-supervised “case manager’ practicing law without a license, another pattern similar to the QME/AME doctor reports written not by the doctors, but by the non-medical staff.
Then, in writing, he battered me and accused me of desperately needing mental health care, and arrogantly stated that “There is no conspiracy to omit medical records in your case.” He sent me to a very dubious AME eval, without medical records, and I am still paying for his incompetence. By the way, it took nearly 8 hours in Court to get the Judge to order the Defense to send the omitted records to the two involved doctors (of the time) and to request a supplemental report. Well, she sent them all right, not separately, not identified, but just in a new disorganized box and suggested the doctor find them and see if they made any difference in the conclusions. Then she did it again with the next QME, in December 2013. That’s 2 attorneys and highlights of their arrogance and incompetence.
The first one hardly counts, as it was not an attorney at all, it was a 60 second meet and greet with the attorney, then turned over to the Office Manager, who chanted, “There is no psych component to a WorkComp case” and promptly (next day) had me scheduled with an Orthopedic Surgeon on El Paseo in Palm Desert — FOR A BRAIN INJURY. I got lost trying to find the front door, and entered through the employee entrance in the back — nobody but me found that odd. The last one, rather than read the files I sent, and deal with the mess created by #3, merely agreed to yet another Orthopedic evaluation in late 2013.
Primary treating doctor has been an Orthopedic Surgeon (from 2/2013 through 12/2014 — I have had NO PTP since 12/2014—hardly matters, as there has been little-to-no care, just excessive evaluation upon evaluation, in true WorkComp Gravy Train fashion.
That’s 4 attorneys — #1 for 30 days in 2012, #2 for 9 months in 2012, #3 for 90 days in 2013 and #4 for 45 days in 2013/2014. When I have asked them to release their liens so that I can find an attorney to help me, they just say no.
The office of #3, in an attempt to console me, said, “Oh, it makes no difference to you that he won’t release the lien You get the same in any event. It doesn’t matter if you have 1 or 5 or 10 attorneys, they divide up the 15%.” I said, but you don’t understand, each of the 4 did more harm to me than the other, and I have a brain injury, and I can’t figure this crap out, there’s no integrity, fraud is NOT prosecuted, and the defense just makes stuff up and the WCAB supports it, and I can’t find competent counsel to represent me.
I’ve been told everything from “there’s no money in it” “previous attorneys didn’t do their job” “the medical records were not properly developed” “there’s too much fraud—it’s over my head” “you’ve already had 1 attorney” “you’ve already had 2 attorneys” “you’ve already had 3 attorneys” “you’ve already have 4 attorneys” “nobody will be #5”
I asked one Judge to authorize me to pay someone hourly to help me. I can’t even find legal aid or a paralegal to help me. It seems that the WorkComp rackets have everything locked down. There are even federally funded brain injury advocacy groups THAT REFUSE TO HELP AN AMERICAN WITH BRAIN INJURY IF THE INJURY HAPPENED AT WORK!
I have a brain injury plus it’s work comp. The Information and Assistance office has clearly given me erroneous information SINCE FIRST MEETING IN 2012, and badgered me, abused me, violated ADA and civil rights, and made it quite whose side she works for. In Injured Worker circles, the experience of most I & A Officers is the same, so I don’t take it personally. But, know that when you tell injured workers to see the I & A officer, you’re condemning them to more harm, and your credibility is further reduced.
WHAT IS A SOLUTION?
I tell you this because it’s identifying a need, that you can fill, and I can only scream about. Your industry vendors are even afraid to work with/for an Injured Worker, in Pro Per. Your industry doctors, playing hot shot, even return properly served medical records and threaten to sue an injured worker for daring to properly send such documents. Your vendors make it clear that they only take directions from “the adjuster” or “The Defense”.
I even asked at WCAB for a list of possible attorneys in 2013. I found one who answered his own phone. Trouble is, he no longer works for injured workers. He works for The Defense. I got quiet and asked, “Tell me, why did you go to the Dark Side?”” He got quiet and said, “Because that’s where the money is.”
So, for starters, if you are approached by an injured worker with a brain injury, if you know nothing about brain injury, give them immediately a letter of non-engagement, and a referral if you can.
Then, set up some training sessions for your members for negotiations, and start with studies of Psychopaths…ie. DEFENSE AGAINST THE PSYCHOPATH. It will help your members understand the Defense, and may reveal similar traits that may cause them to just head over to the Dark Side.
Watch it again, and tell your friends and neighbors.
Then, in each of your offices, set up an InProPer division, or something similar, with a Paralegal component, and an hourly fee, with a provision to take over the case when attorney liens are withdrawn.
DO SOMETHING TO HELP CLEAN UP THE MESS THAT YOUR INCOMPETENT COLLEAGUES CREATE, AND GET THEIR FANGS OUT OF THE LIENS THAT RESULT TO NOTHING FOR ANYBODY.
OH YEAH, OPEN YOUR FANCY CONFERENCES TO INJURED WORKERS, PARTICULARLY YOUR EXHIBIT HALLS. IF YOU WON’T REPRESENT US, HELP US FIND THE RESOURCES TO REPRESENT OURSELVES.
Do some client follow up…… you may find gross dissatisfaction with your industry by injured workers and doctors. You can blame injured workers all day long for your own shortcomings, but…in the end, you know the truth.
I will never forget the attorney who called me back around 8 o’clock one evening, screaming and swearing that he was working so late, and when I explained my case, to the best of my abilities, he called me “one of those work comp pariahs” and that he knew the defense counsel. He assured me that ‘fraud’ was not a possibility; “incompetence, yes, but she is not capable of fraud”…. (That was his opinion; evidence points in the other direction.)
GIVE IT SOME THOUGHT…… IF YOU CAN’T HELP INJURED WORKERS, EITHER FIND SOME WAYS TO HELP THE IN PRO PER POPULATION, OR BE ASSURED, WE WILL DO ALL WE CAN TO GET YOU OUT OF THE EQUATIONS TOTALLY, and FIND WAYS TO HOLD YOU AND YOURS ACCOUNTABLE FOR THE HARM YOU CAUSE TO THE INJURED WORKER POPULATIONS IN CALIFORNIA, AND YOUR COLLEAGUES IN ALL STATES OF THE UNION.
CAN’T WE ALL JUST GET ALONG?
Look for the In Pro Per OBJECTION TO A FRIVOLOUS ORDER TO COMPEL ……COMING UP THIS WEEK….
“… I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic…”
“Domestic enemies”….that seems to include the #WorkCompsters and their #WarOnWorkers, wouldn’t you think?
Dear “Supplemental People” —-
US Constitutional 5th and 14th Amendments immediately come to mind, and the secret police type reports Grancell encourages to protect fraudulent medical reports of their payees seems to violate Article 14 of the California Constitution, for starters.
DO YOU HAVE ANY LEGAL CITATIONS TO SUGGEST TO INCLUDE IN MY RESPONSE TO THE JUDGE’S ORDER TO COMPEL ATTENDANCE AT AN ENT DOCTOR EVALUATION …
[Ear, nose and throat; general vicinity of the brain, but still not a brain doctor, but closer than an orthopedic surgeon, huh?]
…. AND YET ANOTHER NEURO-PSYCH EVALUATION, without causing the Defense to provide complete and accurate records, and allowing the Defense to write false cover letters to the doctors, and without allowing due process to injured worker to appear and plead for medical care and cessation of bullying, file churning and fraud, and with denials of requested ADA accommodations for appearance?
As defense is attempting to falsely claim this accident did not occur at work, is Wyndham Worldwide committing fraud, or is it just the Defense Firm personnel and the doctors they have involved in their chicanery via omission of medical records and misleading cover letters? Now, if they say I did fall backwards on ice and hit my head real hard, as the DWC-1 statement on date of injury so indicates, and is signed by the Admin Manager, and they know I haven’t worked or been right since, then Wyndham appears to be only guilty of collusion to keep the dirty secrets, and human rights failures to come to the aid of an injured worker, and failures to hold their vendors accountable for bullying and egregious harm to an Injured Wyndham Worker.
Back in 2013, I asked a Judge to authorize me to pay an hourly consult to a WorkComp lawyer, as indicated in the Christopher A. Ball book for Injured Workers, recommended on the WCAB site. It is called California Workers’ Comp HOW TO TAKE CHARGE WHEN YOU’RE INJURED ON THE JOB. The Judge declined; said it was against the law.
I have dismissed 4 law firms that seemed very confused about the difference between a broken finger and a brain injury, so not a good fit for attempting to get medical care. I have accomplished more than all 4 of them on my own., and I have accomplished quite little. So, that leaves me without legal counsel, with a brain injury, fighting organized crime, armed with the will to survive and the ability to type and blog. Ain’t that nothing, America!
My response, this weekend, with a “DOR” will probably be called:
PETITION TO COMPEL RIGHT ACTION AND COMPLIANCE WITH LABOR CODE AND US CONSTITUTIONAL LAW in the case of Linda Ayres Vs. Wyndham Worldwide, et al
As you know, on January 9, 2012, in efforts to help my co-workers get inside the office, during a snow storm, in which we were locked out, I told my manager I thought the window at my table might be unlocked, and we walked over to check the window. It was locked. My manager made it back to the side walk safely; I slipped on ice and fell backwards, and hit my head very very hard. I laid on the ground for I don’t know how long, my keys went flying and when my manager asked, “Are you ok?” I said, “No, I’m not. I hit my head reallly reallly reallly hard.” Somebody took my briefcase inside the office but I had to go outside later to find my keys, that I do remember, because they were not in my handbag.
After a little while, he helped me up. I’m in sales. We are ‘trained’ to leave our troubles at the door. I dusted all the snow off of me, and went inside to attend the Sales Huddle. My colleagues had a good laugh. I forget who said it, but someone said, “Ewwwwwww, Linda has Fukushima Rads all over her now!” (I had shared with them how radioactive snow is, as the snowflakes latch on to the radioactive isotopes like scavengers, and encouraged dodging the snow flakes, by any means necessary.) I got “in trouble” for sharing this picture in the break room in 2011… I was told it was not very positive; it illustrates the impact of radiation poisoning.
Later, the Administrative Manager asked if I was going to see a doctor, and I said yes, and I asked, “Do I have to see any special doctor?” He said, “Just see any doctor that accepts workers comp insurance” and he gave me an incomplete “DWC-1” form — he signed it, but it had no insurance company information on it, and no doctor could accept it, and the office did not return the doctor’s calls.
Remember, Wyndham staff did not offer to call 911 or even bother to take me or offer a ride to Urgent Care or an Emergency Room. Previously, I dropped everything and took a co-worker to Urgent Care as she was complaining of chest pains to everybody. HR had no plan in place for dealing with such issues, either. Perhaps staff is “too young or too stupid” to make life affirming decisions.
My guests, at the first wave tour, knew I was clearly dazed and confused, and they got their “gift” without any hard-sell….just gratitude that they were understanding about my confusion, as I told them I had slipped on ice and hit my head real hard that morning.
I went to the doctor after work, God only knows how I drove down that icy mountain road. For some reason, I don’t know why, an hour trip took over two hours. When I saw the chiropractor (I thought I just needed a little adjustment for my neck and back) but the doctor said I had a concussion. I didn’t know what that meant. He suggested I would feel like I’d been hit by a truck in a few days, but in a few weeks I’d probably be fine He was right about feeling like I’d been hit by a truck. I vaguely remember having to use both hands to lift my head up from bed, and I slept a lot –
I went to the Urgent care a few days later, since someone told me people can die from head injuries; they could not take the DWC-1 form, but they kindly accepted the CIGNA employee health insurance (which CIGNA had to fax to them, since I couldn’t find the card). I got lost going to that doctor’s office, then lost again going home waiting for CIGNA to fax them the card, and disoriented on return. Defense likes to say that doctor said I wasn’t dizzy, disoriented or confused. D’oh! The office is less than 5 miles from home, in rural Yucca Valley.
I had already called the EAP – Employee Assistance Program — because I was so confused, couldn’t think, and was having trouble talking, and my words were slurring. I haven’t had a drink or drug in over 28 years. People said I sounded drunk. Not a good sign. EAP connected me with a clinical psychologist who referred me to a local neurologist (who refused to see me since it was work comp, at a scheduled appointment; his office perjured and said I failed to appear for appointment; I begged for help or at least a referral when they turned me away.
Turns out, they were actually on what I later learned to be an MPN list…) The rest of the blogs (https://askaboutworkerscompgravytrains.com/list-of-posts/ has the rest of the details; perhaps a law school may find it of interest; real lawyers don’t give a hoot, nor, apparently, do WorkComp Judges, complicit in the terrors I have experienced as a member of America’s Working Class, injured being a team player, kicked to the curb by the PROFITS BEFORE LIVES CROWD.
As many of you know, I am currently enrolled in the Coastline Community College State run ACQUIRED BRAIN INJURY PROGRAM. It is a one to two year program, and it helping me tremendously, in learning compensatory skills, and in ‘resocialization’ — being in a community with other brain injury survivors is remarkable, and yes, we compare notes on the chicanery of the legal and insurance psychopaths—the stories are all quite similar. We do need Nuremberg type trials, and this time, include the lawyers and their ilk.
I am learning a new software to compensate for cognitive impairments…. including loss of working memory…. I haven’t quite figured out how to get the images out of the software into the blog, so I have resorted to copy and paste. I think you can see the big picture of what I am currently dealing with. Future blogs may have better presentation, as I am currently studying how this software can make up for my loss of working memory. It really helps me to see the ‘big picture’ again.
We are also learning about learning styles, and how our brain injuries impact our need to focus on strategies to be more “concrete sequential” in our new approach to life. This software, with several other apps and devices, serves as cognitive aids.
My progress seems measurable, substantiated by the increase in blog views since June 2013…
Bottom line, it’s just more dreadful fraud and legal chicanery. I could just spit at the vileness of it all. Anyway, If you have any suggestions on how to best approach the Judge. I don’t really believe I can be compelled to participate in felony fraud in an ongoing workers compensation scam by the defense firm and insurance carrier representing my employer, Wyndham Worldwide.
As many of you know, the medical care I have received, I have had to pay for myself, now exceeding over $43,000. CNA refused to pay TTD benefits in 2012, shifted the cost burden to the State, then finally paid the State back in 2014, at a dramatic discount. They said it’s legal because EDD “negotiated” a $49k payback to $31,000 payback. I don’t think the State Controller knows, but lawyers and EDD tell me it “happens all the time.” As a consequence, instead of “104 weeks of TTD” payable by Work Comp Carrier, followed by ” up to 52 weeks of State Disability” I got cheated out not only medical care that would have possibly facilitated return to work, but I had no income for months and months and months (translation; had to rely on Salvation Army for help!) but I got cheated out of the EDD “up to 52 weeks” and those funds went back to CNA for bottom line profits.
It’s a brain storming tool, and helps compensate for impaired loss of working memory.
It’s a little embarrassing that I cannot figure out how to ‘export’ or ‘transfer’ this info as the software is designed to, but it does serve as an example of my creative work-arounds and compensatory strategies. The outline text is below.
Remember, in my pre-brain-injury life, I was a Database Queen, I served years ago as an Executive Assistant to some serious Captains of Global Industries, and it took smarts and serious speed and cognitive functions to keep them organized, and my work included intense logistics, keeping them on meeting schedules, to private planes, yachts and limos, political events and more.
So, when I read some of the fraudulent statements of some well paid insurance industry doctors, you might imagine how I could just spit at the audacity of these little thugs. One government agent, as I told some of the tales of the corrupution and horrors I have been exposed to, asked, “How can they sleep at night?” I said, “Psychopaths have no sleep problems.”
As many of you also know, I lost professional credentials due to the untreated brain injury. I lost my Hawaii Real Estate Sales License, California Real Estate Broker’s license, and California Notary Commission. While I have not hope to be able to restore my Hawaii license, I was able this year to reinstate my California Real Estate Broker’s license, and just yesterday, I took my Oath for my California Notary Commission. Yes, I take my Oaths seriously, always have, always will:
“I, Linda Ayres, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”