“… 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.”
Subject: LINDA AYRES VS. WYNDHAM WORLDWIDE ; Re: Hotel Vouchers, Mediation, Status and Updates
“…Timeshare….a fantastic industry to work in…..FACT!” UNLESS…………..
Thanks very much. The vouchers are a huge relief for me. I can make some tentative plans now, pending your further response.
Friends in the industry have suggested that I do what I can to initiate mediation toward settlement. I have done all I can do for a few years and have been merely insulted in addition to further injuries. It’s hopeless for me to try to deal with these people, even though Workers Comp is supposed to be an “Exclusive Remedy”….. it’s a farce. That’s a given.
If you and Michael Dougherty et al all want to approach the carrier and defense firm, I would be open to mediation in Los Angeles, but I won’t suggest it to them again.
They are copied herewith because that’s apparently the law, according to Stewart Reubens. I have been evaluated by approximately 40 doctors in person, and how more have reviewed records? Defense has enough evidence; they know what a brain injury is, and what my future medical picture could look like, and how they have successfully and dramatically shortened my life span, and continue to do so.
You and Michael might want to have them submit a proposal to me, that I can review with someone who is not in an adversarial position against me, and perhaps we can settle up. If not, well, when nothing changes, nothing changes. I am open to anything reasonable. $100K was offered in November 2012 when the extent of injuries was obfuscated by refusals by the carrier/defense to authorize specialty evaluations and treatments. I was 59 when the injury happened. Tic Toc. They are wasting what’s left of my impaired life.
Here is an article about: CLOSE “IN PRO PER” CLAIMS
“….Sometimes the SRA has a bona fide complaint, but without professional assistance has not been able to communicate it. The neutral mediator is often able to re-state the concern in a way the parties can address and put past them. The mediator can help each party see the other side’s point of view.”
“Animosity can obstruct effective communication. Caucusing allows parties to avoid direct confrontation. The parties are separated, and the mediator shuttles between rooms. The mediator presents the parties’ views in a way most likely to lead to resolution.”
“Minimally, mediation can improve communication and relations between the parties…..”
I think, based on my experiences of each of them, Grancell wants this to be a till-death-do-us-part claim term.
It’s more profitable for the law firm. If Teddy Synder, Esq. would mediate this case, I have been watching her posts for quite a while. I don’t sense that she is owned by the industry, so I would imagine she could mediate this case. You or Michael could check with her office? Or ask Fred Sachs to? It’s not in Grancell’s financial interests to move this case anywhere; they apparently gets paid no matter what, huh?
Remember, I have been seen by approximately 40 doctors, and I did not get reasonable nor appropriate medical care at the time of the accident, not even an offer for a ride to the emergency room after my manager helped me up after laying on the ground for who knows how long, and I needed help to get up, and I was very dazed and confused. The sales meeting happened shortly after that, and everybody had a good laugh about my fall. I had a 9 am tour. All I remember about it is apologizing to them that I was confused, and that I had fallen on the ice earlier and hit my head, and they were owners and didn’t want to upgrade, so with apologies, I remember saying, “Let’s get your gift.” That’s was probably their favorite ever update.
It was after that that the admin manager asked if I was going to see a doctor and I recall saying, “Yes, do I have to see any special doctor?” He said, as I have often quoted, “Just see any doctor that takes workers comp insurance” and gave me an incomplete DWC-1 form, without any insurance info on it. I called a local chiropractor and asked if he accepts work comp and the office said he did. So down the icy mountain I drove, God only knows how; I don’t remember any of it. I do remember getting to the doctor’s office just before 5, so I don’t know why it took so long to get there.
I thought I just needed an “adjustment” and that I would be fine. The doctors said I had a concussion along with the mis-alignments. He said I would probably feel like I’d been hit by a truck in a few days, and he was certainly right on that.
I didn’t know what a concussion was, I just knew I couldn’t think anymore, and my eyes looked like, so the office told me later, that ‘nobody was home”. I had trouble speaking immediately, and the receptionist was often exasperated by my huge challenges to make a simply return appointment.
I called EAP, and they sent me to a LOCAL clinical psychologist, Dr. DeGoede. While waiting to see the clinical psychologist in a few days, I went to the Urgent Care, using my CIGNA employee health benefits, and CIGNA even had to fax my ID card to them before they would see me. So everybody knew it was a WorkComp injury. I got lost going there, I was very tired, they said they couldn’t see me till they had the CIGNA card, so I told them I would go home to sleep and asked them to call me when they got the fax. I got lost going home (about 5 miles away) , and returning to the office. It was not part of the alleged MPN at the time (I knew nothing of an MPN still) but he has since benefited financially by becoming a referral member. It was the Urgent Care doctor who prescribed the MRI of my brain, which I got and paid for with a $371 co-pay with CIGNA insurance.
The clinical psychologist referred me to a local neurologist, who turns out was on the alleged MPN, but refused to see me when I appeared, with the hand written referral letter. That neurologist’s office perjured later and said I failed to appear. I begged for help or a referral to someone who could help.
CNA had no neurologists nor neuro-psychologists, (apparently still don’t) so they relied on Dr. DeGoede’s rollodex to find Dr. Eileen Kang, Neuropsychologist in Fullerton. She didn’t know the neurologist her office referred me to at the Orange County Neurology Center, but they could see me within weeks, not months, due to cancellations. I’m sure that neurologist gets plenty of cancellations. He wanted me to drive, sleep deprived, more than 100 miles each way for an EEG in his office. I asked then adjuster to get me an EEG closer to home, and a neurologist closer to home (this was about 2 hours away, and I was in no condition to be driving period, let alone driving sleep-deprived. That’s when I began to think, “LOOK, I’M INJURED NOT STUPID”
As soon as it was clear I had a brain injury, then adjuster terminated benefits (April 2012; injury was January 9, 2012) . Remember, the first adjuster, while I was represented, accepted a call from me and told me if I was NOT represented, he would help me get medical care. It sounded to me like that was the only way I was going to get care, and since the law firm didn’t under grasp that the brain is a body part, and not a “psych-component” I was willing to work with him.
That’s how we got the initial evaluations, until it was too clear for CNA that they had a brain injury case. The first law firm I retained there was no attorney supervising the office manager who sent me to the first orthopedic surgeon…. I think you know how it went from bad to worse from there…..Remember, upon confirmation of brain injury is when all the reallly bad stuff began to happen.
CNA never even authorized an MRI of my brain and took over a year to payback my CIGNA co-pay of $371, and actually, apparently doubled paid the provider. They never provided the neuro-optometry evaluations requested repeatedly since 2012, nor will they schedule the one authorized this year. They refused to reimburse for self-procured neuro-optometry and lenses and vision therapy.
The auditory processing piece recommended at SCRIPPS includes a software program for approximately $100 bucks for auditory retraining, to go along with the proposed hearing devices. CNA refused to get the cognitive remediation therapy repeatedly requested, they refused to even get a speech therapy evaluations and I didn’t get speech therapy till August 2014, when SCRIPPS was authorized for a fraction of the time medically necessary. We all already know the rest of that story.
Remember, it’s not loss of hearing at issue, it’s the auditory PROCESSING, like it’s not vision at issue, it’s the VISION PROCESSING. It’s a brain injury. The brain in command center. I have not seen an endocrinologist nor have I had any ongoing treatment other than acupuncture, which has measurable results. I suspect it will be necessary for a life-time, as I have experienced extreme dizziness and nausea if I go too many weeks between sessions, as happened in recent weeks. I’m back to a weekly plan, for as long as I can afford it. Chiropractic, self-procured for pain management, and also in conjunction with right shoulder mobility, takes place several times a month, no thanks to CNA.
The Orthopedic issues have always been secondary to the brain injury to me, and acupuncture, self-procured since August 2013, is the only ongoing medical care I have received, with measurable improvements that have also eliminated the suggested need for right shoulder surgery, although the defense apparently resorted to extortion to convince the PTP to falsely state the right shoulder injury was “Non-Industrial” when a fast glance at the Crowe-Paradis future medical piece clearly showed the right shoulder, the need for further MRI’s etc. Defense resorts to chicanery; I stand in truth. When my manager helped me up from the ground, heard my response to his question, “Are you ok?” and I said, “No, I’m not. I hit my head reallly really hard” the direction Grancell has taken this case is dubious, at best, but I don’t think Stewart reads much, and I suspect there is some serious CYA happening.
I got an EEG in 2012, because the adjuster threatened me that if I did not get one by March 30th, he would terminate my benefits. Defense likes to show that as an EEG of 2010, because of the doctor’s typo on the cover letter, which clearly references the 2012 evaluations and the actual EEGs show the 2012 dates. Obfuscation with intent to deny medical care has been continuous. That EEG was omitted repeatedly, moved around the medical index from 2012, to 2012, then separated and scattered about…. to ensure falsehoods of ‘pre-existing evidence of EEG’ had some plausible deniability to the staff’s writing reports for the doctors in question.
It took till 2014 for CNA to get an EEG for the 2012 brain injury, and then they refused to have a follow up, as recommended by the neurologist, to have a doctor review the EEG with medical records. I have spent more than $43,000 to survive the Wyndham WorkComp plan, and the only real progress I have made is my sheer will to survive, and the compensatory strategies I am learning at Coastline Acquired Brain Injury Program (since October 2014). Fellowship with other Brain Injury survivors is also very helpful in accepting this “new normal”…. everybody in my class is exceptionally intelligent, and we all have different struggles, depending on which brain lobes are involved. Based on my symptoms, all of lobes are involved. It’s not just that I get a little dizzy and some headaches, believe me, it’s not just that.
You see, if I had received medical care at the beginning, and as recommended and I was stuck with these cognitive deficits, I would shrug and say, ‘bummer, let’s work around it”…. but because I am a victim of what appears to be aggressive criminal conduct, with intent and success in causing permanent harm to my brain, for the profit of several/many people, not only do I have to fight to work around my cognitive impairments, I have fight to stay alive, and the legal stress and the financial stress are of some of the worst things that a Brain Injury Survivor can deal with.
In 2014, a structured settlement guy attempted to open lines of communication with the carrier toward settlement and/or mediation, I also asked both the 2 adjusters and current defense counsel to engage in mediation. I sense they threatened him because he never provided me with anything that looked like he had done anything to determine the numbers, and actually just relied on my guestimates. In a face to face meeting, he actually snarled at me and said, “THEY WILL NEVER TALK TO YOU.”
“Yikes, ok, Dude, chill. Nice to meet you, too.” was my reaction.
It was suggested that I do the math myself and propose a settlement number. I know they have computers to sort that out, and I gave it my best shot at $700,000, and after attending the SCRIPPS 9th Annual Brain Injury Conference in May 2014, where I learned of the long term risks involved in my injuries on top of current impairments, the estimated number rose to $1.3 million, also considering shortened life span from the initial fall, and the continuously shortening of my life due to the failures to have been provided with medical care, and all attempts at self-procured care interrupted with threats by the defense counsel.
My efforts were met with further insults to injuries. Not only did they just say “No”…. a representative from the Carrier actually called me, said he did not care that I haven’t received medical care for more than 2.5 years (at the time) and then asked, “So tell me, Linda, when ARE you going to die?” A while later, the defense attorney, in a politely framed but completely vile agenda suggested that since I am so challenged in dealing with the legal processes (pure chicanery in my book!) of Work Comp, that I consider a Court Appointed Conservator. Combined with the omission of medical records, false statements to doctors with intent to deny medical care, and causing permanent and irreparable brain damage to me, I have no interest in anything from them other than an immediate and reasonable settlement offer.
If you and Michael Dougherty, on behalf of Wyndham, pow-wow with the Wyndham agents, CNA and Grancell, perhaps you can encourage settlement or mediation. I have no reason to believe they will act in good faith, as they have not done so from the very beginning. Remember, they terminated benefits in April 2012 upon confirmed diagnosis of brain injury, which could be considered a criminal act. Yes, I know they can work around it. The truth is what it is regardless of lies surrounding it.
If I keep trying to edit this to make it shorter, I will keep adding to it.
In addition to the points of the earlier email, an extension to my leave so I can finish up at Coastline (last day of program for 2015 is December 10) I am hopeful that by then I can return to work with minimal accommodations, and if you’re willing, we can plan on a transition return to work while I am still at Coastline (full 2 week training, then back to 2-3 days at Coastline with 2-3 days on the sales floor, with an aim to be full time and well equipped for high season, starting December 14th-ish.
This is the longer version so that if you and Michael want to approach CNA and Grancell with a request for mediation, settlement and or claim audit, you have plenty to work with. [Ditto for any Civil Rights Litigation Firms!] You don’t have to be a lawyer to see the problems in this case. I wish I could speak like I can type, but I can’t. I used to be able to. My speech is improving, it is much slower, but as a sales person, I do my best to make it appear that I am being pensive and deliberate as I search for words and untangle my thoughts.
I will look for your response to the other issues at your earliest convenience. The vouchers will keep me going for a while. Thanks again, Tina, that gives me a spark of hope.
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
“There is NO EXCUSE for the #WorkComp Atrocities in America”
but we might be on to an explanation…..!!!!!!!!!!!!!!
WorkComp Law….and Atrocities…
AS THE FILE CHURNS, Wyndham Sleeps and CNA asks IW:
“…when ARE you going to die?”
Primary Treating Physician for Ayres vs. Wyndham et al is an Orthopedic Surgeon designated as PTP for BRAIN INJURY CASE, because the alleged MPN Network of CNA is apparently losing swathes of doctors for non-payment and ridiculous handling of claims, they have no brain injury experts and damages caused by CNA by refusals to provide medically necessary treatments.
CNA now relies heavily on Corvel Corporation orthopedic surgeons and clinical psychologists to deny brain injury care based on false and incomplete medical evidence, and lack of expertise in the brain department. People complain about that Maximus IMR Gang? …..Corvel says, ‘let them all eat cake!’ as their nurses and sonders churn out denials like they were going out of business. The Corvel ‘doctors’ seem to have fangs in the Social Security denial system too?
Most of the CNA leased/owned independent doctors don’t even know that the brain is a body part located in the head, and one of their neurologists says ‘take an over the counter analgesic’ and their other neurologist says, ‘Look, you didn’t get any medical care the first two years, you’re already over 35, nothing will help you now. Go for a walk, get skinny, use the neuro-optometric theraputic lenses they wouldn’t pay for, but you did, and stop whining about vision and auditory impairments.’
Some real doctors just walk away from the #WorkComp Scams, some stay in it, slugging it out on behalf of injured workers, and others just ride the Dinner Car of the #WorkCompGravy Trains.
Nearly every single request for expert treatment for brain injury by the PTPs have been denied, first by non-doctors, Kim Mall, Attorney for Grancell, then by Daniel Elliott, Adjuster for CNA aka American Casualty. Remember remember, Wyndham Worldwide had (and probably still has) no standard practice for injured workers other than handing them an incomplete DWC-1 form with a shrug and “See any doctor that accepts work comp insurance” with the ‘time-share-salute’.
The Coastline Foundation continually searches for new and innovative ways to serve the Coastline community. Coastline Community College is a campus without walls, and the Coastline Foundation (like its parent college) knows no barriers. Contact the Foundation at email@example.com or call (714) 241-6154.
LIFE HAPPENS…. They train the trainers! The DOD seeks their expertise. Their ‘Graduates” sing their praises! Compensatory Strategies help many Brain Injury Survivors return to life; sadly, not all are so fortunate. Not everybody survives…..
The Evaluation [QME] by Dr. Jeffrey Holmes, Orthopedic Surgeon, has been aborted again, and to be rescheduled in December, after spending nearly 70 minutes at the appointed time, confirming medical records and sorting through confusion. It was a pleasure to meet Dr. Holmes and his kind and gracious staff. Harvard men can have manners, yes?
As injured worker was quite clear that the good doctor was being invited by Defense to participate in an on-going fraudulent denial of medical treatment scam, and that he deserved to have all the facts so that he could make a legitimate evaluation of the right shoulder injury and other orthopedic challenges.
2012 medical records and 2012 attempt to coerce premature settlement by Defense clearly referenced right shoulder injury, and current hard-fought for Acupuncture has been for the ‘right shoulder only’ and they tried to tell the acupuncturist treatments were not to be used on the brain. D’oh!
(Acupuncture is a whole-body system of treatment, most helpful to some brain injured patients.) The Defense postion letter started out with lies, that just got more egregious, and current defense counsel stated he saw no reason to change anything in Kim’s letter. Birds of Feather poop together?
Current PTP was successful in getting 6 physical therapy sessions authorized in Spring 2013, for a Winter 2012 injury. Then an MRI in Summer 2013 of the shoulder was authorized, determining a need for surgery and a severe shoulder rotator cuff tear. It took a Court Order to get appointments scheduled for Physical Therapy and Acupuncture in 2013. Is that right use of Judge’s time?
Defense attorney Kim Mall (Grancell-Corona) then indicated that the adjuster was wrong, there would be no further evaluation because it was not an accepted body part. She did not want to hear that the adjuster was trying to do the right thing. She squashed it, and no doubt billed on.
Several days in front of a WorkComp Riverside Judge, to deal with issues of omissions of medical records—more than 300 pages left out for 3 doctor reports, so those doctors relied on instruction from the defense, based on their egregiously flawed reports, QME/AME/and 2nd Consult.
Conveniently, those industry leased/owned doctors moved the reported date of injury on some reports a year forward, to 2013, using medical evidence of 2012 to ‘support’ fraudulent claims of ‘pre-existing’ symptoms such as dysfluent speech, impaired cognitive abilities, inability to recognize people, auditory and visual processing….. One made a correction to the date when confronted, but not to the false opinings, or his meds were off too.
No worries, WorkComp Courts REFUSE TO HEAR COMPLAINTS ABOUT ATTORNEY/PROVIDER FRAUD, AND SO DOES THE COMMISSION IN CALIFORNIA. DISTRICT ATTORNEY IS TOO BUSY? CAAA suggests injured worker keeps on looking for a competent legal firm to represent.
DEFENSE FIRM REFUSES TO MEDIATTE, SAYS THE CASE IS “not ripe”… (i.e. Injured worker is still breathing???)
DEFENSE FIRM REFUSES TO PROPERLY PROCESS MEDICAL EXPENSES REIMBURSEMENT REQUESTS FOR NEARLY $30,000, AND INSURANCE CARRIER IS AWARDED $16,000 BONUS BY STATE OF CALIFORNIA – EDD — APPARENTLY OUT OF GENERAL TAXPAYER FUNDS…FOR REFUSAL BY CARRIER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS IN YEAR 1 AND 2 OF INJURY…. Perhaps the WorkComp AUDIT UNIT will do their job and suprise all stakeholders with fines and penalties.
THE INJURED WORKER HAS NOT YET RETURNED TO WORK…. WYNDHAM CONTINUES TO REFUSE TO PARTICIPATE IN THE INTERACTIVE PROCESSES OF #FEHA, AND THE DEFENSE FIRM CONTINUES TO OBFUSCATE TRUTH…SENDING QME DOCTORS BUNDLES OF DISORGANIZED FILES, THAT SEVERAL HAVE BILLED 7-8 HOURS TO “organize” prior to review, and generally, those doctors just have their “staff” write a report following guidelines of defense counsel, fraudulent misrepresentations and all.
These doctors are not apparently accustomed to an injured worker fighting for survival without a lawyer—two threatend to sue for ‘harassment’ when omitted records were properly served with requests for supplement reports reflecting further medical evidence. Several Court hours were wasted (but billed by Defense firm?.)…. to sort out the missing records.
The file was pulled from Kim Mall, and given to Stewart Reubens, in Grancell-Novato office. Stewart doesn’t like to read. His office must be full of rubber stamps?
Date of injury was 1/9/12, despite repeated requests for a brain injury experts—a Physicist, a Neurologist with Brain Injury Expertise, A Neuro-Psychologist, to manage an INTERDISCIPLINARY TEAM OF EXPERTS — Speech Therapy with Cognitive Remediation, Occupational Therapy, Neuro-Vision Therapy, Physical Therapy — TO TREAT A TRAUMATIC BRAIN INJURY CAUSED BY A WITNESSED SLIP AND FALL BACKWARDS AT THE WORLDMARK BY WYNDHM BIG BEAR RESORT ON 1/9/12…..
What can break the impact of a fall backwards besides the SKULL? See picture for help with that question. Hint: THE SKULL. 2ND HINT: Where is the brain located?
Evaluations Evaluations Evaluations…. and #WorkComp Defense now wants MORE EVALUATIONS?!!! For how many more years??
The recent Ortho Eval was aborted again, due to file obfuscation by Defense Firm, to be rescheduled.
While Grancell refuses to honor ADA request for electronic communications, it seems that Stewart sent a letter recently requesting yet another neuro-psychologist evaluation (after DIR told him NO once more) and he is apparently clue-less that such testing cannot be done more often than every 7-9 months, or ‘practice effect’ renders the results bastardized. Or, maybe he does know that, as he knows such a battery of tests was done again in October 2014. All results point to a traumatic brain injury, with requests for treatment.
Even the Grancell leased Forensic Psychiatrist wrote, ‘If there was evidence of a concussion from a slip and fall, injured worker would certainly be entitled to medical treatment….but there was not fall, no concussion, and it was probably just an epilepsy attack.” D’oh! Doc off his meds that day?
Forensic Psychiatrist wrote 3 supplemental reports at the request of Grancell’s Kim Mall, each one more outrageous and egregiously fraudulent than the prior, until they decided to put the reports on the ‘do not regurgitate in summary’ instructions, and also asked to have the name and report dates removed from the Medical Index. Invoking the 5th amendment might have been more efficient? (He also suggested that if IW has civil rights complaints, she take it to The Hague. He provided the direct line for the local DA to facilitate further complaints….THAT’S SCARY THAT HE HAD THAT NUMBER SO HANDY, HUH? d’OH! He refused to believe complaints had already been filed.)
“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.
After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
See entire artire ABA Journal article here: http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-client_discovers_lighthearted_churn_that_bill/
TriageNow, a WorkComp phone nurse group was recently stumbled upon and we suggested they contact Wyndham since Wyndham’s staff are clueless on how to handle a worker injury. They are following on Twitter now. https://twitter.com/LindaAyres311
LinkedIn is proving to be a great place for outreach, and I keep making it to the top of the Wyndham stats. https://www.linkedin.com/in/lindaayres311 Maybe for YOUR level of investigative reporting, you can work in an interview with some Wyndham key executives?
Could I pretty please ask your opinion on some questions to ask of other injured workers? What is it that YOU believe is needed to reach professionals in the work comp community, who are not party to the atrocities that are happening everyday, everywhere? Do you have a list of standard questions?
If you can’t, no worries, We’ll take another route, and thank you again for your consideration.
We will ask some of my friends and injured worker pals for their stories, and we will render them anonymous, so that they can be shared and explored without emotions. (see email thread below)
We (me and a few Injured Friends and Warriors) hope to have a new website up and running before the WorkComp Laude Awards Gala, and we would like to have a questionnaire Survey available to facilitate further communications.
One particular e-group of ‘radical’ and “outspoken” and “knowledgeable” injured workers deals with the unconstitutionality of WorkComp in California, and a variety of other whinings about the government collusion with the insurance company bad guys. Kaiser, State, Sedgwick, CNA…a bunch of big names involved. All have had poor experiences with InjuredWorker legal representation, much like my challenge with incompetent counsels.
As we know, that saves no lives, and merely adds to profit margins for the few. Many have been fighting in the system for 10-20 years. Yikes, that’s unfathomable to me. The moment I saw the real deal and got more of marbles back, the faster I wanted out. Looks like that won’t be happening, so I will kick and scream and expose to expunge, till death do us part.
When I told that particular e-group about the Comp Laude nomination as an Injured Worker, omg, the dirt started flinging, calling me an ‘industry hack’ and worse… Sadly, many have been in the “system” for 10-20+ years, and some seem to be casualties of the opiate drug wars conducted by work comp as well.
I had tried to have coffee with one (having had a lengthy phone conversation in the summer listening to the work comp sad tale, unable to get in a word edgewise). I was going to see about extending an invitation to the 12/6/14 Gala, and omg, all hell broke lose….I won’t be in touch with them anymore, jeeeze! It was like dealing with defense counsels or I & A agents. Learned Helplessness, Institutionalization and being a “Victim” is apparently a real consequence of ‘doing time’ in WorkComp in America.
There are many injured workers groups on social media, quietly fighting for their lives. Some not even telling their friends and neighbors of the horrors of fighting for basic medical care and basic temporary disability benefits or “incapacitation” benefits. There is no reason to put up with suspected agents of disinformation; we injured workers have our hands full dealing with defense counsels, insurance companies, their owned doctors etc. and work comp judiciaries etc.
WE DO NOT HAVE THE RIGHT TO REMAIN SILENT, AS INJURED AND ABUSED WORKERS OF AMERICA OR ANYWHERE ON THIS PLANET.
[They even accused me of not having a brain injury at all…. and made me wonder who THEY worked for…..I didn’t even read half of their emails…D’oh…. Talk about mean-spiritedness! If I didn’t have a brain injury, there is no way I would be in this mess, imho.]
DePaolo’s blogs are excellent, but the ‘fraud factors’ seem real hard to grasp, from an insider perspective. It’s crystal clear as a “victim of WorkComp”…. I haven’t counted how many doctors have applauded my big mouth and said, “Somebody’s got to do it” as they eliminate injured workers from their portfolios.
I changed my Orthopedic regular 45 day visit from December 5 so that I can be rested for the December 6th experience. The doctor’s office was THRILLED to hear that I was nominated as a finalist for the CompLaude Awards. She said, “Tell how how bad things are. They need to hear someone. Your case should have been gone a long time ago!”…. and she knows how hard they have fought to try to get me to a brain injury specialist. They couldn’t even get me to a neurologist. D’oh.
I thanked her and giggled and said, “I’m a finalist, but politically speaking, I don’t think they can dare to let me win.”….. But it is still an honor and opportunity, which I take seriously.
Here’s the response I sent to that private injured worker e-group, in response to their hope that Ralph Nader will save them. D’oh. [They called it self-serving, so, it’s sort of a no-win situation dealing with hammered, drugged and chemically poisoned Prisoners of WorkComp….whew ] Anyhow,
If any of it strikes a chord and you want to share your thoughts informally to give it more structure, and more reach to your peeps, please send me an email or leave me a voice mail. (and no, I won’t plaster your email all over the internet as I was morally required to do with the CNA question, “….Tell me, Linda, when ARE you going to die?”
I think CNA bought Wyndham some more legal challenges with that one…. seems to violate some EEOC Civil Rights laws that the Courts seem to be holding employers liable for bad deeds of their vendors. I”m investigating further.) ;D
Subject: Re: Nader
“We ARE the media now” …..working like Antz, telling our friends and neighbors about #WorkComp atrocities.
(If you forward my comments to your friends, please be respectful of others in the thread and copy and paste to a new email for their privacy)
Did any of you have a chance to see my piece in this blog and listen to the 3 minute audio of the dude from CNA insurance asking, among other things, “So, tell me Linda, when ARE you going to die?”. Yes, its recorded and all over social media.
Each of you are welcomed and encouraged to follow these blogs for updates.
I reached out to one of you recently to meet for coffee and I got a polite “can’t”… It wasn’t a social call.
Are you kidding me??! If y’all can’t bother to explore new opportunities, you’ll die whining.
Somebody else in this group said my posts may be pretty but they are useless. Fine. Block me.
WE are the Media Now. Ain’t nobody gonna help us, so we need to find new strategies.
WorkComp activism can be quite like “anti-nuke” activism……heavily infiltrated and hell bent on keeping people running in square circles, diefying paid mouth-pieces.
Re-read the common wisdom of “the 25 rules of disinformation” and the 8 traits of disinformationists”
Let me know if you get any insights or can share them with your friends and lawyers.
Stay tuned. More coming up, including but not limited to a new website.
If you are interested, send me a 500-700 words general summary of your story….date of injury, extent of injuries, all diagnosis, treatment, complications, pay, ever return to work, on social security, represented now? How many attorneys, prospects for the future. Your age at injury, and age now?
Gender? Overall health today? Better or worse?
Working? What needs to happen for return to work, if an option.
We want at least ten stories to start with. Include employer name and insurer, if you care to. First rounds may be more general and nation and ANONYMOUS.
Write a conclusion to finish this statement:
“The worst thing is ________________________.””What helped me most was:____________________________________””What I want now is:_____________________________________.””The non-psychopaths of the WorkComp industry can best help me, and other injured workers like me, if they will _____________________________.”If I had an open mic and 2 minutes I would say _____________________________________ to (whom/what) ___________________”
Any groups you would recommend? Include their social media links: ________________________________________________
I usually use this hashtag in my posts:
If you are on social media, include those links too, if you choose to. If we are all following one another, any trolls will flloat to the top.
Favorite/most responsive sympathetic Journalist!? Provide email address and website:
Favorite industry blog(s): ______________________________________________________ (provide links)
If you want to participate, pleases send me your “story” so I can copy and paste by next Sunday.
Forward this to any of your pals, friends or enemies of injured worker, or direct them to the blog for a polished version soon, Ask About Workers Comp Gravy Trains https://askaboutworkerscompgravytrains.com/
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.