Sent: Wed, Aug 26, 2015 7:21 pm
Subject: FWD Update to Kim Mall and Daniel Elliott, original deceivers in LINDA AYRES VS. WYNDHAM WORLDWIDE (sorry for any duplicates, don’t quite grasps email ‘groups’ anymore… tsk. 😕
Hi Kathy Martinez, since Kim is out of the office and her out of office reply suggested that you be contacted, I don’t know if you’d consider this email needing ‘immediate assistance’ or what, but since she was so instrumental in setting up failures to provide medical care and benefits since 2012, you can make that call.
We were hoping I could either return to work or return to Coastline Acquired Brain Injury program for completion through December 2015, but I guess everybody has been too busy to address my file till the last minute, when deadlines are already gone. Tina, HR Director at Wyndham, must be under severe stress. You know that the Wyndham sales floors are highly stressful places — and they don’t even have Bagel Fridays! Goodness, one manager had a big stroke, another manager’s wife hung herself, and another manager was arrested for killing his wife. I’m actually sort of frightened about return to work to that sort of environment, but I don’t know if that can even happen now. I haven’t had a treating doctor since December 2014, and Stewart says he can’t help find a doctor (he doesn’t realize Kim Mall and the I & A officer, Valerie James, are the ones who found Dr. Bergey, the Orthopedic Surgeon….no, that’s not correct, Kim and Valerie found Dr. Jacob Rabinovich, another Orthopedic Surgeon who did an evaluation, then Kim was … well, you know how Kim is, so I had to find another attorney and they found Dr. Bergey—another Orthopedic Surgeon. What a mess.
One time when Kim and I were in Court with Judge Jimenez about the more than 300 pages of medical records omitted from the AME doctors transmission… oh, girlfriend…. maybe it wasn’t Kim’s doings with the messed up medical index, did you mess it up? Yikes. I don’t think Stewart even has a secretary, and he’s so funny, he tells me things like, ‘Ms. Ayres, I don’t have the neurology IMR report from Dr. Jurokowitz, would you kindly send me a copy” — and then I look at his incomplete medical index, and mercy, it’s listed there. He doesn’t read, or I dunno…. Anyway, this case is way out of control and many of us are hoping that it will be features on an upcoming ProPublica articles series…. Did you ever read their stuff? It’s great. THE DEMOLITION OF WORKERS COMPENSATION!! THE DEMISE OF WORKERS COMPENSATION……………
Yeah, I’d like to see THE TRIALS OF THE KILLER WORKCOMPSTERS…….
Anyway, I hope you’re not working late…. you can deal with this in the morning….. Check out my blogs, too… https://askaboutworkerscompgravytrains.com/list-of-posts. I used to be a secretary and can type about 100 wpms… but…. I can’t remember much of what I’ve typed, and shuffling through excel sheets…omg, what a challenge. And collating? OMG! Kim saw me break down in tears when when had to make some extra copies of stuff in Court and she thought I could put them in 4 little piles. Yikes! I just cried. That poor Judge found me at the parking lot sobbing hysterically cuz I had droppped all my papers…it was either than Court hearing or another….. Did you not send Stewart all the files? Or does he just not read? Anyway…. I’m being tangential…. I’ll sign off here.
Oh…. there’s already more words under this.. well, it’s almost signed off…. TTFN
We’re trying to be more transparent in our communications, and Stewart and I are really struggling with being on the same page I hope this helps us all better communicate about the needs of Wyndham Injured Workers, Working Employees and of course, Shareholders such as myself.
You have a nice day, and be sure to watch your dates on Proofs of Service…. that pattern of mis-stating dates can cause problems to more than the injured workers adversely impacted by the little lies.
Subject: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102we / print out of monies paid to injured worker since date of injury and MEDIATION UPDATE
Dear Fred Sachs, CNA Adjuster:
I AM UNABLE TO RETURN TO COASTLINE ACQUIRED BRAIN INJURY PROGRAM TO COMPLETE THE PROGRAM DUE TO CNA/GRANCELL/WYNDHAM WORLDWIDE. I don’t have the money. CNA refused to pay benefits and refused to provide medically necessary treatments since the date of injury. File churning seems to be all the defense can do, along with obfuscation of facts, and out right making stuff up, and pretending their efforts are “the law”…..
I have spent nearly $50,000 trying to recover from the brain injury of 1/9/12 at the WorldMark By Wyndham Big Bear California resort, where no workers compensation policy, process or procedures were in place or known about by even Tina Jordan, who has apparently been promoted to even higher levels of incompentence. I have spent funds on medically necessary treatments that CNA failed to authorize, many failures based on clearly fraudulent activities of the law firm, Grancell Stander etc. in ommission of hundreds of pages of medical records, and false and misleading statements to evaluating doctors— cost incurred to survive the atrocities of Wyndham’s pathetic, vicious, cruel, and what appears to be diabolical and criminal workers compensation program. What’s next?
Just wait and wait and wait? OK…. If’s that’s the plan, that’s the plan. I SURRENDER TO THE COMFORT OF MY HOME AND WAR ROOM.
Stewart gets a little annoyed when I copy what he calls “supplemental people” but since he says he wants to “work with me” yet does everything contrary to making it possible for me to return to work and life, well, I just thought it best to include a few people more “supplemental people” who have also viewed my LinkedIn Profile so we can all be on the same page as we work this out. I hope all the email addresses are correct. I guessed at some. We’ll count on Michael Grabell to keep the appropriate ProPublica people advised.
BTW, you see their new articles? POWERFUL STUFF! GO PROPUBLICA! HELP SAVE THE AMERICAN WORKING CLASS FROM THE WORKCOMPSTERS! GOOGLE IT! Start with THE DEMOLITON OF WORKERS COMPENSATION and move along to THE DEMISE OF WORKERS COMPENSATION.
First of all, it’s not personal. It’s not business. It’s simply survival and an act of DEFENSE AGAINST THE PSYCHOPATHS.
1. I need a print out of the moneys CNA allegedly paid to me; SSA is having some confusion about what appears to be fraudulent mis-statements of facts.
2. What’s up with mediation and EAP???
What you people have done to me, you’re doing to otherss, and quite frankly, I think it’s time for it to stop. Dr. James O’Brien, Forensic Psychiatrist who was apparently paid handsomely to do the bidding of Grancell Stander “by any means necessary” suggested if I have human right complaints that I be told to TAKE IT TO THE HAGUE.
Ok. We’ll put that on the list. Might not happen before I expire, but the Millenials will rise and shine. They’re special that way, aren’t they. Boomers can offer the support that our years can provide.
It’s been over 3 years and 7 months since my injuries and since I worked…. YOU DON’T PAY BENEFITS OR PROVIDE MEDICAL CARE. THE WYNDHAM BOARD SHOULD HAVE AN EMERGENCY SESSION, AND CARL ICAHN GROUP SHOULD BE PRESENT….
Why don’t we agree to continue future communications via LinkedIn. I will create a new group called… WorkComp ADJ8181903.
If we are not yet connected on LinkedIn, let’s get right to it. https://www.linkedin.com/in/lindaayres311 I have about 90 unpublished blogs…. we’ll start back from the beginning so we can bring this case up to date…in a WAVE, so to speak. Thank you for this opportunity to be of service to My Fellow Americans also being tortured, maimed, and prematurely killed by the CNA version of the WorkComp Grand Bargain aka WORKERS COMPENSATION INSURANCE.
Two things, well, three:
1. Benefits Print Out – please send me an updated copy….. SSA is confused about what CNA actually paid; I said it’s more fraud, experts tell me to wait and see;
2. Mediation Status – are we going forward with Judge Siemers now or in January 2016 or later?
3. Any luck in finding a primary treating doctor for me, with brain injury expertise to replace Dr Bergey who left the case in December 2014? Stewart says it’s not his job to find a doctor; Stewart also says he has nothing to do with medical treatment; Stewart sure seems to bend the rules as he makes stuff up, doesn’t he? SO WHO IS RESPONSIBLE FOR FINDING AND AUTHORIZING A TREATING DOCTOR AT THIS POINT? KIM MALL AND VALERIE JAMES PICKED DOCTOR BERGEY WHEN THEY DIDN’T LET ME ME SPEAK TO THE JUDGE IN DECEMBER 2012…. Do you realize in over 3 years and 7 months I have been unable to be seen/heard by a Judge regarding my right to medical care? Yeah, All court time has been pretty much legal chicanery about hundreds of pages of medical evidence being omitted with intent to deny medical care, and this year the joke du jour is attempting to get the Judge compel me to see an ENT – EAR NOSE AND THROAT doctor for a BRAIN INJURY. IT’S A LITTLE SMARTER THAN KIM’S INSISTENCE ON AN ORTHOPEDIC SURGEON FOR SAME, BUT NOT BY MUCH.
Because of the failures of so many people involved in my case, and the refusals to communicate with me, (or to send polite but empty responses like Tina Jordan’s Sunday morning email suggesting she missed the emails about return to work in December (not August) and the need for a doctor to sign off, I have nothing left to do but blog. I have approximately 90 draft blogs since summer 2013. Watch for them. Perhaps your organization willl learn something about the horrors of America’s workers compensation “EXCLUSIVE REMEDY”
These patterns of continuous harm continue. As you all knew, Coastline Acquired Brain Injury program reconvened August 24, 2015. I DON’T GET TO RETURN. SO I GUESS I AM BACK ON THE REST AND WAIT AND WAIT AND WAIT AND WAIT PROGRAM. ANYTHING ELSE WE NEED TO ACCOMPLISH BETWEEN NOW AND DECEMBER 14,2015? ANY MEDICAL CARE? CHECK MTUS/ACOEM GUIDELINES…. WE’LL TALK MORE ON ISSUES AND EVIDENCE OF FRAUD, THREATS AND EXTORTION AND PERHAPS MORE WILL BE REVEALED.
What’s the status on the request for intervention by:
I will be filing more complaints with DOJ, AG and ADA — I have more names to provide to them. The CorVel list of doctors is pretty incredible, isn’t it?
I THINK YOU ARE MONSTERS TO DENY THIS FINAL BIT OF HOPE—- returning to Coastline ABI program — FOR ANY SORT OF LIFE TO ME. I WILL BLOG NOW, SINCE I DO NOT HAVE FUNDS TO DO ANYTHING BUT TELL MY STORY, FROM THE COMFORT OF MY HOME, EVERY STINKING DETAIL. YOUR COLLEAGUES MAY OR MAY NOT APPRECIATE WHAT YOU HAVE DONE FOR THEM.
ACTUAL BENEFITS PAID TO INJURED WORKER SINCE DATE OF INJURY 1/9/12 BY CNA
The Social Security Administration is investigating monies paid to me since date of injuries. It seems that that the numbers reported by CNA to various places are inconsistent and have caused tremendous burden to others in sorting it out. Seems to be a bit like a magical ‘shell game’.
Will you kindly send me a fresh print out of the 104 weeks of payments allegedly made, with dates and payees. Too many people also seem to think that CNA has been paying me approximately $4,000/month since May 2014… Wow, do your records show that, too? Where on earth is that money going? You did not pay me too many weeks in 2012, and … I have pages and and pages of trying to sort out when costs were shifted to EDD, and how reimbursements were figured, and the weekly amounts you paid and allegedly paid are all over the map.
PLEASE SEND ME A FRESH PRINT OUT OF INDIVIDUAL PAYMENTS MADE TO ME FOR DISABILITY BENEFITS ASAP. THE APPEALS DEADLINE IS APPROACHING. I SAY IT’S MORE FRAUD, BUT TELL ME TO LET THE ACCOUNTANTS WORK IT OUT.
MEDIATION STATUS WITH JUDGE SIEMERS WILL OR WILL NOT TAKE PLACE? NOW OR JANUARY 2016 OR LATER? THE QUESTION PRESENTED WAS:
“ARE YOU SERIOUS OR ???? ” ABOUT MEDIATION. THE EMAIL RECEIVED SUNDAY MORNING FROM TINA JORDAN WAS PERCEIVED AS A CLEAR INDICATION OF FULL INTENTIONS TO CONTINUE TO CHURN THE FILE AND RACK UP BILLABLE HOURS. IS THAT PERCEPTION ACCURATE?
Oh, did you see the new ProPublica report on the demise of Workers Compensation? Google it. Get on their mailing list. I hope Wyndham Worldwide and it’s workcomp program are featured in one of their upcoming articles.
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!
Thank you again for the hotel discount vouchers. I am heading out to Newport Beach shortly, but I had promised Stewart Reubens of Grancell that I would respond to his recent emails by today. That was compounded and exacerbated by the unbelievable denial of medical care out of Maximus, the California ‘end of the road’ agency. The doctor received ex-parte records and he was either off-his-meds, had too many martinis, or might be subject to drug testing or else? I found other reports by the same doctor on the internet.
Maximus personnel was very nice when I told them we have a problem with the report as the fraud is egregious. They told me on Friday to send a request to them for reconsideration before sending it to the the WCAB appeals people. This is it. It is my experience that when dealing with WorkComp legal/medical fraud, facts mean nothing to the perpetrators, and legal chicanery prevails. Taking matters to the Virtual Streets seems to be the one and only hope for injured workers. My list of fraud allegations and perpetrators is long indeed, provided, in part, already to the FBI – Palm Springs Office.
Well, that’s another quandry, as it is somewhat out of synch. Before I hit the road, I will try to respond in this letter to both Stewart Reubens and the Maximus help people, and copy “supplemental people” as Stewart calls them, and I will put it on the internet as well.
As I looked through it all, I remember that in 2013, CorVel had authorized modified care to include a couple acupuncture and chiropractic treatments, but Grancell again refused to set up those appointments and the Judge had to tell Ms. Mall to just do it….that took about 9 months. Ms. Mall, the first Grancell attorney, has a knack for telling whoppers, and she is the first to incorrectly tell doctors that I had a head injury in 1993 and another in 2008. No doctor until January 9, 2012, Dr. DeGoede whom the CIGNA Employee Assistance Program sent me to is the first I had ever been diagnosed with a brain injury. In the reports to doctors that Grancell is now attempting to have me evaluated by, Stewart is telling them of his opinion (non-medical, based on no medical evidence) that I have had previously diagnosed brain injuries and treatments. They both, Kim and Stewart, lie when they say I withhold info of a car collison of 1993 and 2008. Both I recovered from, and neither had ever suggested a head injury. Kim and Stewart seem to like to practice medicine at my expense. They also like to put the 2012 EEG report of head injury to falsely show it as a 2010 report of head injury, although the doctor apologized for the mis-dated report, but any thinking person could read the report and see it was in fact done in 2012. The doctor was not even in California in 2010, when Grancell attempts to mislead doctors.
The Maximus report I received last week falsely states numerous things, including what appears to be a set up for a fraud investigation at my expense. Somehow that doctor says the right shoulder was the primary industrial injury and that the injured worker [me] did not report a head/ brain injury until weeks later following an incident at home. They disregarded the medical records I provided, and just seemed to follow exparte communications,
Well, that’s further insult to further injuries. Take a look at the DWC-1 form that I was given on January 9, 2012, without any insurance information on it and see what it says about hitting my head real hard.
These actions are quite similar to the deceptions caused by Ms. Mall when she omitted approximately 300 pages of medical records to QME/AME doctors in 2013, and encouraged them to falsely opine prior head injuries, moving the date of reported injury not weeks, but into the future of 2013, and they used medical records of 2012 as ‘evidence of pre-existing head injury’. When brought to THEIR attention, those corrected the date of injury on their report, but not their false allegations, nor did I get any of the recommended since January 2012 medical treatments. UFB, for sure, but it has kept me from medical care over 3.5 years, and has kept the legal/medical files churning, to the point somehow Grancell got the Judge to authorize even more evaluations.
The Exclusive Remedy and Labor Code of California does not say insurance carriers are to provide evaluation after evaluation….it is allegedly about providing medical care as an exclusive remedy to civil rights and law suits. It apparently requires DOJ/FBI/DA intervention to help companies like Grancell with proper interpretations of the law, and perhaps RICO support.
Now, I have provided the Maximus report to my State Senator and have asked for intervention to involve the District Attorney – Corporate Fraud Unit and the FBI for similar task force. I am hoping that Michael Grabell of ProPublica is tracking what I send, or perhaps Ana Garcia of Los Angeles is another investigative reporter that may become involved.
So, for the record, I have asked Fred Sachs, CNA Adjuster and Stewart Reubens, Defense counsel of Grancell Stander to cancell all the appointments that were in violation of my right to be heard by the Judge at WCAB with ADA accommodations (first they said they would not accommodate for ADA, then they changed the date of the hearing, then they cancelled the hearing, then I started receiving notices of appointments with non-specialists in the field of brain injury, auditory processing, vision processing and chiropractic and acupuncture have been denied again.
My total out of pocket expenses to date because CNA refuses to provide medical care now exceed $43,350.44 since date of injury, 1/9/12. While all the medical reports indicate that I received medically necessary treatments, they don’t seem to account for the fact that I paid for most all of it myself. CNA, for a brain injury, paid for a few clinical psychologist sessions in 2012 along with some chiropractic; in 2013, they paid for 6 physical therapy and a few more chiropractic, in 2014 they paid for some acupuncture and 24 sessions of speech therapy, physical therapy and occupational therapy, cut short from the 3-6 months of care that was requested.
The current CorVel modified recommendations included neuro-optometry eval, neurology consult as requested last April 2014 to review the EEG with corollary medical evidence. Let’s get those issues handled, sort out the inaccuracies of the Maximus report, let’s get the FBI and DA-Corporate Fraud units involved with the CNA Fraud Unit representative and let’s organize a claim audit once and for all.
The allegations by Maximus that I sustained a shoulder injury at work and a head injury at home…. well, that seems to be a last straw, doesn’t it? The Maximus report also alleges there is no evidence for continuation of any of the ACOEM/MTUS guideline recommended treatments for traumatic brain injury. I think that doctor also suggested I failed to return to work at some point.
Holy Moly…. Tina, tell them how hard I have been trying to get back to work and that your hands appear to be tied by the defense counsel and carrier? Remember, in November 2012, my attorney of the time, in collusion with Ms. Mall of Grancell, attempted to coerce me to accept a $100,000 settlement, forfeiting all future medical, disability and it required that I quit my job (oh yes, it also mentioned the shoulder injury along with the closed head injury, but Ms. Mall’s team apparently threatened my primary treating doctor’s office more than once with dismissal from the alleged MPN if the early records regarding the right shoulder were not changed to ‘non-industrial’ ….they tried to call me MMI orthopedically last summer and did so this December, deferring to Neuro/psych doctors for head/braininjury after cancelling my appointment for their final report.
I have had no Primary Treating Doctor since December 2014, and Dr. Hilda withdrew from the case in April 2015, and Stewart says it’s not his job to help me get medical care, and that I can choose my own doctors. If that was so, why did I get stuck with an Orthopedic Surgeon since April 2013 with no knowledge of brain injury, and every referral was dismissed, and finally Ms. Mall said his referrals didn’t count because he is bone doctor not a brain doctor. D’oh — not verbatim, but words to that effect.
Because I retained incompetent legal help for 30 days in 2012, then 9 months in 2012 (that guy tried to get me to accept $100K, less attorney fees, with the above restrictions and said, “Nobody will believe you have a brain injury” and I said that’s because he didn’t get me to any brain doctors as everybody recommended, and I assured him I am INJURED NOT STUPID. The next attorney was retained in January 2013 because of the pattern and practice of Ms. Mall (and now Mr. Reubens) to omit medical records with intent to deny medical care—- and fortunately for other injured workers, that attorney who mis-represented me for merely 90 days, is allegedly retiring and just returned my file. He, like the other 3, refuse to release their liens, and as their staff says,. “Oh don’t worry, the 15% doesn’t come out of your part”…. They seem to fail to grasp that no competent attorney will clean up their … failure to represent and failures to do their jobs…. and be willing to split a fee. These applicant attorneys seem to be bottom feeders, yet Ms. Mall and Mr. Reubens like to suggest that there’s something wrong with me for having dismissed 4 incompetent representatives.
I have to head out to Coastline Acquired Brain Injury Program and I have found a local psychologist who will meet with me and help me, I hope, sort out the rest of my life since it also does not not promising that I will be able to complete the Coastline ABI program, and will have to find a way to return to work at the conclusion of the Summer Session.
I have asked Fred Sachs, CNA Adjuster, again for a treating doctor of neurology and neuro-psychology in the Palm Desert/Palm Springs area. Dr. Seymour Young, neurologist who ordered the EEG last year doesn’t take WorkComp, but he may be willing to be on my team via Medicare. The vision and auditory processing issues are not going to be resolved because Kim and Stewart get people to lie about the case; Wyndham didn’t hire me in multiple locations nor send me to Big Bear to help out in that mess because I was not a valuable employee…. I used to help managers even in Hawaii with management reports, including employee retention and motivation and training.
I suggest you ask Michael Dougherty to immediate get going with a Claim Audit and I will follow up next week with the Senator’s office, the DA-Corporate Fraud Unit, the FBI, Maximus and Grancell. I will also prepare a DOR to get back in front of the WCAB Court, to be heard on these issues of fraud and failures to provide medical care and other violations.
I just can’t do anymore than this today, and it upsets me just having to think about the criminal fraud I have been subjected to by this swath of apparent white collar criminals.
Are these matters of the FIFTH AMENDMENT or can they resolved with a FIFTH ATTORNEY.
TIME WILL TELL, HUH?
Let’s plan to meet in accordance with interactive process guidelines, some Thursday or Friday in Palm Springs and I will ask the new doctor in Palm Springs if you can be included in a session where we talk about return to work accommodations planning. One time, in January 2012, Daniel Elliott, then adjuster, spent a full session on the phone with Dr. DeGoede, who explained back then the seriousness of my brain injury and the need for immediate medical care. CNA did not have a neurologist or neuro-psychologist to send me to then either, and Daniel relied on Dr. Goede’s contacts to get me to some specialists, then all hell broke lose when the extent of my injuries was evident. I have a long drive ahead, so, we’ll deal with more of these details later in the week.
Help me now?
LINDA AYRES, IN PRO PER
#WorkComp and Brain Injury Survivor
760 368 7236
PO Box 835
Yucca Valley CA 92286
PS Linked In is getting a little spooky….. In recent weeks, people with profiles alleging to be high ranking military officials are sending private messages that are less than professional. I would like to write a happy ending to this horror work comp drama and close up my LinkedIn open-ness, and get on with my life.
From: “Jordan, Tina R” Date: Tue, 2 Jun 2015 18:24:43 -0400 To: Linda Ayres; Linda Ayres Subject: Wyndham Employee Discount Vouchers
Please find attached the signed discount vouchers for Wyndham hotels provided to you so you can secure accommodations at your expense. Let me know if you need more in the future and I would be happy to assist. Sincerely,
Tina Jordan Regional HR Director – Southern California
Wyndham Vacation Ownership 7610 Hazard Center Drive Ste. 301 San Diego, CA 92108 Cell: 702-569-4294 Email: Tina.firstname.lastname@example.org
#WorkComp legal chicanery comparable to ‘a strip search in a fascist gulag?’ Hint: Totalitarianism
#GrandWorkCompFraud! No Exclusive Remedies! No Remedies at All. Pure Chicanery.
MARCH IS #BRAIN INJURY AWARENESS MONTH…. What did YOU learn this month, so far?
If it’s a work injury, prepare for the fight for your life, and hope somebody will help you. Upon diagnosis of brain injury, it seems to be an insurance industry trend to immediately terminate benefits and begin a covert theme of terrorism—medical, mental, financial…. and they reap thousands of dollars in profits for their crime gangs. Can the DOJ really just continue to look the other way? America! America! We are witnessing the collapse of an Empire…. couldn’t be more timely, huh?
MARCH IS ALSO #FUKUSHIMA ELE AWARENESS MONTH…. What you don’t know, will indeed kill you. Start with the Science, 1,946 known lethal isotopes. Wishing all the #WorkCompsters very interesting outdoor living.
DEFENSE ATTORNEY JUST DOING HIS JOB/JUST FOLLOWING ORDERS?
“The more I think about this legal chicanery… and the defense’s new demand for access to 25 years of medical Records, when they have ignored medical evaluations, recommendations and requests for treatment for the past 3 plus years, it sort of feels like a quote strip search unquote in a fascist gulag.”
Remember when the Insurance Carrier’s rep called from Chicago and the phone conversation about denied medical care concluded abruptly with his question, “….so, tell me, Linda, when ARE you going to die?” Bullying? Harrassment? Threat?
Totalitarianism is a political system in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible.
IS PRIVACY DEAD? Did she reallly compare #WorkComp legal chicanery to ‘a strip search in a facist gulag?’
Remember remember….. All Nuclear Reactors Leak all of the Time…. and #Fukushima is NOT a Leak either….
All this for an untreated observed slip and fall backwards on ice at Wyndham Worldwide WorldMark Resort in Big Bear, California at approximately 8 am on January 9, 2012. Wyndham had absolutely no WorkComp policies and procedures in place, did not call 911, did not offer a ride to a hospital, in fact, insisted that work shift be completed, and then was told to “see any doctor that takes work comp insurance” and proceed to drive down a snowy icy mountain road.
CAN YOU SAY CORPORATE IRRESPONSIBLITY? AND THE CASE IS RIDDLED WITH MIS-STATEMENTS WITH INTENT TO DENY MEDICAL CARE, FROM FALSE ALLEGATIONS THAT NOTICE OF AN ALLEGED MPN WAS PROPERLY SERVED, TO EGREGIOUS AND TERRORISTIC FAILURES TO PAY DISABLITY BENFITS, DESPITES ORDERS FROM THE COURT. NOW THEY WANT TO LOOK BACK 25 YEARS AND SEE IF I CONKED MY HEAD? A JURY SAID THERE WERE NO INJURIES IN THAT DISCLOSED ACCIDENT…. HARD TO FIND COMPETENT ATTORNEYS IN CALIFORNIA, HUH? CHURN, BABY, CHURN.