Workers Comp Doctors, Lawyers and Gravy Train Riders – $4,000 per bogus medical report?? D’oh!

Remember the initial evaluation of this Brain Injury Survivor and #Wyndham Worldwide employee,  by one of the early doctors:

APRIL 2012 –

Judgment and Insight:  The patient’s judgment and insight seemed intact. Patient appeared to be aware of how the injury had affected cognitive functioning and discussed taking steps to remediate for areas of perceived deficit….

Test Behavior: The patient was also frequently tearful, becoming emotionally distraught when perceived unable to perform various tasks as well as perceived they would have been done prior to injury.  Also becomes tearful when talking about various professionals who were perceived as not caring for medical needs appropriately.

COOPERATION:  The patient was very cooperative.  Completed all tests administered without complaint.

EFFORT:  Patient appeared to put forth best effort on all tasks administered.  Objective testing also gave no indication of purposeful exaggeration or distortion of symptoms….

protected by angels

Which deteriorated dramatically…..

….through 8,696 dangerous driven miles of muddling courageously to each and every appointment, hoping somebody would help find lost cognitive abilities,  seeing just a few good doctors, who DO NO HARM, and being exposed to an army of incompetent, unscrupulous, criminal doctors, and/or doctors without expertise  in traumatic brain injury, on the whole, and the outrageous denials of physician requested specialty medical evaluations and treatments form Traumatic Brain Injury, to the following $4,000 report insurance company doctor opinion:

April 2013 –

 “IMPAIRMENT:  RESIDUAL IMPAIRMENT DUE TO CHRONIC MALADAPTIVE COPING MECHANISMS, PREEXISTING PERSONALITY CONFLICTS, POOR ANGER MANAGEMENT SKILLS.”

and another that stated:

“Disability in Regards to the Head Region:  The patient is status post trauma to the head region with development of post traumatic head syndrome, which is best described as slight.  It is characterized by the presence of headaches, memory difficulty, dizziness, visual disturbance, and difficulty with the sense of smell.

Objective Factors For Consideration of Permanent Disability in Regards to the Head Region: None

FUTURE MEDICAL CARE:  The patient should have access to plain over-the-counter analgesics for relief of her headache.  However, she states she is not interested in taking any medication.

lion truth

A Fraud Complaint is being filed with proper authorities for the above $4,000.00 AME / QME reports and ‘pack of lies’ and inaccuracies and negligence.

~~

Both doctors, in addition to their colleagues in the ‘small circle of worker comp providers’  made their reports based on incomplete medical records and both doctors refused to accept and consider omitted medical records in order to provide a supplementary report based on currently available facts.  The insurance company denial of authorizations for evaluations and treatments, as requested by multiple physicians, further gives way to serious suspicions of extremely fraudulent activities, in collusion with highly-paid non-expert opinions.

~~~

Neither doctor has any known expertise or practice in diagnosis and treatment of traumatic brain injury, evidenced by the foregoing remarks, and cut ‘n paste thick reports of non-sense based on no facts or scientific evidence.  Shame.

lisa and bart the whole damn system is wrong

How long does it take to “break” even a brain-injured worker???

The Fourth Reich apparently has a fully subsidized army of nazi-type doctors maiming, drugging and killing American workers —– 21st Century SONDERKOMMANDOS, killing on behalf of Corporate Greed.

nazi-found-in-usa-a-michael-karkoc-386x217

See the list below of ‘doctors’ who have profited by the Brain Injured Worker’s head trauma below.  Some tried to help, some fought a little, others put the file in the ‘too hard’ pile.  All made money….. while the Injured Worker loses hope and life.

See the specialties of each doctor…. all but a handful had any business treating an Injured Worker with Traumatic Brain Injury, as they are not in compliance with legal requirements to have doctors only treat what they are competent and trained to treat, rather than writing reports based on guesses and non-expertise, in order to make a mortgage or car payments or pay their dealers.  Shame.

ShhhhhhhhGǪ Consoling thought Psychopaths believe t - 450535848291624

DIAGNOSES:  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive syndrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes

APPLICANTS MEDICAL INDEX
Author Date Type Representation
Other specialists, as required based on ability to find and afford. LIFETIME Expertise in brain based treatments for TBI etc. IN PRO PER
MD – Psysiatrist 8/2/2013 Visit, Follow Up Exam and Hopefully progress report based on authorized treatments for brain injuries and related issues
 Neuro-Optometrist 8/23/2013 Neuro-Vision Follow up Evaluation (Brain Rehab Center) IN PRO PER
Occupational VISION Therapy 7/11/2013 Occupational Therapy – Vision + 7/18, 7/25, 8/1, 8/8, 8/23 IN PRO PER
MD – Orthopedic Surgeon 7/10/2013 Visit, Exam IN PRO PER
MD – Radiologist 7/3/2013 MRI-right shoulder IN PRO PER
MD – Phsysiatrist 6/13/2013 Visit, Exam, Evaluation IN PRO PER
Occupational VISION Therapy 6/13/2013 Occupational Therapy – Vision IN PRO PER
DC – Chiropractor 6/6/2013 Visit, Exam IN PRO PER
Occupational VISION Therapy 6/5/2013 Evaluation, Occupational Therapy – Vision IN PRO PER
MD – Orthopedic Surgeon 5/29/2013 Visit, Exam IN PRO PER
 Neuro-Optometrist 5/24/2013 Neuro-Vision Evaluation IN PRO PER
MD –  Orthopedic Surgeon – State 5/16/2013 Evaluation for Social Security office IN PRO PER
 Clinical Psychologist – State 5/10/2013 Evaluation for Social Security office IN PRO PER
Physical Therapy 5/8/2013 Physical Therapy, Cervical IN PRO PER
Physical Therapy 5/6/2013 Physical Therapy, Cervical IN PRO PER
Physical Therapy 5/1/2013 Physical Therapy, Cervical IN PRO PER
Speech Therapist 5/1/2013 Speech Therapy Exam IN PRO PER
DC – Chiropractor 4/26/2013 Visit, Exam IN PRO PER
Physical Therapy 4/25/2013 Physical Therapy, Cervical IN PRO PER
MD – Orthopedic Surgeon 4/24/2013 Visit, Exam, Report IN PRO PER
Physical Therapy 4/24/2013 Physical Therapy, Cervical Lawyer #3  Lawyer #3 dismissed 4/24/13
MD – Radiologist 4/19/2013 MRI- Cervical  (did not include thoracic; injured worker became ill after noise of MRI and brain sensory overstimulation; felt nausea, cold sweat and clammy for approximately 4 hours) Lawyer #3
Physical Therapy 4/19/2013 Physical Therapy, Cervical Lawyer #3
Physical Therapy 4/17/2013 Physical Therapy, Cervical Lawyer #3
MD – Forensic Psychiatrist 4/10/2013 AME evaluator (based on incomplete records provided by defense, records omitted skew actual facts of findings, recommended treatments and denials of medical care, a similar ploy applied by defense in October/November 2012 in order to obtain a minimized report of collective findings and recommendations.  First time it may have been an ‘oversight’….the multiple times it sounds like collusion to hide facts in order to favor defense clients.)  The first time the ploy was applied a deposition was cancelled and attempt for a premature Settlement offer was made in order to have the injured worker accept an offer without a medical evaluation and to have injured worker forfeit any/all rights under the law.  The attorney representing the injured worker was summarily dismissed with cause.  TBI is  clearly and evidently not an area of his practice experience or expertise. Lawyer #3
MD – Orthopedic Surgeon 3/20/2013 Primary Treating Physician’s Orthopedic Spine Surgery Consultation with request for Authorization Lawyer #3
MD – Neurologist, unknown speciality, non-US trained 3/18/2013 Secondary Treating Physician, Neurological Eval (based on incomplete records provided by Defense and TBI is not an area of his practice expertise) Lawyer #3
MD – Orthopedic Surgeon 2/22/2013 Leave Accommodate Request report to Employer Lawyer #3
MD – Orthopedic Surgeon 2/15/2013 Primary Treating Orthopedic Spine Surgery Consultation with request for authorizations Lawyer #3
MD – Orthopedic Surgeon 1/9/2013 Orthopaedic Evaluation and request for treatment authorization Lawyer #3
 MD -Orthopedic Surgeon 1/9/2013 PTP Evaluation IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/12/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/6/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/3/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/30/2012 Visit, Treatment IN PRO PER
 LAB Corp 11/29/2012 Self-procured Urinalysis work REPORT requested by functional neurology doctor,, only scientifically based treating doctor to-date IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/27/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/21/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/19/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/16/2012 Visit, Treatment Lawyer #2 Lawyer #2 dismissed 11/17/12
Functional Neurology: DC, FACFN, FABVR, CCST 11/15/2012 Visit, Treatment Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/14/2012 Visit, Treatment Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/12/2012 Visit, Treatment Lawyer #2
 LAB 11/12/2012 Self-procured blood work REPORT requested by functional neurology doctor only scientifically based treating doctor to-date Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/8/2012 Visit, Exam Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/7/2012 Consultation Lawyer #2
 Phd – Clinical Psychologist 10/1/2012 Visit, Progress Report Lawyer #2
 PhD – Clinical Psychologist 10/1/2012 (Report) Lawyer #2
 Phd – Clinical Psychologist  /Associate – ? 8/7/2012 Visit, Progress Report Lawyer #2
 Phd – Clinical Psychologist  / associate – ? 7/17/2012 Visit, Progress Report Lawyer #2
 Phd – Clinical Psychologist  / associate – ? 7/3/2012 Visit, Progress Report Lawyer #2
 PhD – Clinical Psychologist 5/7/2012 PTP Referral Form Lawyer #2
MD – Psysiatrist 4/30/2012 Evaluation at Brain Injury Rehab center to dispute neuro-nazi unfounded neuro demands for epilepsy meds and his demand for DMV revocation of driver’s license hearing Lawyer #2
Optometrist 4/30/2012 Self-procured by demand of DMV hearing. Reimbursements requested but denied. Lawyer #2
Phd – Clinical Psychologist 4/23/2012 Neuropsychological Evaluation Lawyer #2
 MD –  Orthopedic Surgeon 4/20/2012 Orthopedic Consultation (initial) Lawyer #2
 Phd – Clinical Psychologist 4/19/2012 PTP Referral Form Lawyer #2
 PhD – Clinical Psychologist / 4/10/2012 visit Lawyer #2
 PhD – Clinical Psychologist /associate (neuro-psych?) 4/9/2012 visit Lawyer #2
PhD – EEG Neurofeedback Practioner 4/3/2012 EEG Neurofeedback Analysis Lawyer #2
DC – Chiropractor 4/2/2012 Visit Lawyer #2
 PhD – Psychologist 3/31/2012 visit Lawyer #2 Lawyer #2 retained 3/30/12
DC – Chiropractor 3/29/2012 Visit IN PRO PER
PhD – Psychologist 3/21/2012 visit IN PRO PER
PhD – Neuropsychologist 3/21/2012 Addendum to Neuro-psych Assessment IN PRO PER
DC – Chiropractor 3/21/2012 Visit IN PRO PER
PhD – Neuropsychologist 3/19/2012 visit IN PRO PER
DC – Chiropractor 3/15/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/14/2012 visit IN PRO PER
DC – Chiropractor 3/12/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/7/2012 visit IN PRO PER
DC – Chiropractor 3/7/2012 Visit IN PRO PER
PhD – Neuropsychologist 3/6/2012 visit IN PRO PER
MD, PhD – neurololgist, epilepsy/fibromyalgia specialty 3/6/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/1/2012 PR-2 IN PRO PER
DC -Chiropractor 3/1/2012 Visit IN PRO PER
PhD – Clinical Psychologist 2/25/2012 Physician Progress Report IN PRO PER
PhD – Neuropsychologist 2/25/2012 Neuropsychological Assessment IN PRO PER
DC -Chiropractor 2/23/2012 Visit IN PRO PER
 PhD – Neuropsychologist 2/22/2012 visit IN PRO PER
PhD – Clinical Psychologist 2/16/2012 Visit IN PRO PER
PhD – Psychologist 2/11/2012 visit IN PRO PER
DC -Chiropractor 2/8/2012 Visit IN PRO PER Lawyer #1 dismissed 2/8/13
MD – Radiologist 2/6/2012 MRI-Brain Lawyer #1
MD – ER 2/6/2012 Clinical Report Lawyer #1
MD – ER 2/4/2012 x-ray of the chest Lawyer #1
PhD – Clinical Psychologist 2/2/2012 visit Lawyer #1
 PhD – Psychologist 1/28/2012 visit Lawyer #1
MD Neurology (MPN) 1/23/2012 Referred to by PhD Clinical Psychologist 1/9/12; , later discovered was MPN provider, REFUSED TO SEE Injured worker when appeared for appointment.  Said they do not see WC patients. Lawyer #1
PhD – Clinical Psychologist 1/21/2012 visit Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 PR-2 Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 PTP Initial Report Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 Work Status Report Lawyer #1
Labs 1/21/2012 Toxicology Report Lawyer #1 Lawyer #1 hired 1/20/13
DC – Chiropractor 1/19/2012 Visit IN PRO PER
DC – Chiropractor 1/18/2012 Visit IN PRO PER
DC – Chiropractor 1/16/2012 Visit IN PRO PER
PhD – Clinical Psychologist 1/14/2012 visit IN PRO PER
PhD – Clinical Psychologist 1/13/2012 Handwritten Status Report IN PRO PER
MD – Family Medicine 1/13/2012 PR-2 IN PRO PER
DC – Chiropractor 1/12/2012 Visit IN PRO PER
DC – Chiropractor 1/11/2012 Work Status Report IN PRO PER
DC – Chiropractor 1/11/2012 Visit IN PRO PER
MD – Family Medicine 1/11/2012 Doctor’s First Report IN PRO PER
MD – Family Medicine 1/11/2012 IC Office Visit IN PRO PER
MD – Family Medicine 1/11/2012 Work Status Note IN PRO PER
MD – Family Medicine 1/11/2012 Prescription Slip – MRI IN PRO PER
 MD – Radiology 1/11/2012 x-ray report (right ankle) IN PRO PER
MD – Radiology 1/11/2012 x-ray report (C/S) IN PRO PER
MD – Radiology 1/11/2012 x-ray report (T/S) IN PRO PER
MD – Family Medicine 1/11/2012 Visit IN PRO PER
MD – Family Medicine 1/11/2012 IC Office Visit IN PRO PER
DC – Chiropractor 1/9/2012 Visit, Evaluation, Treatment, off-work note IN PRO PER
DATE OF 1ST INJURY, 2nd injury “2nd impact” head trauma, neck, back, ribs shoulder again after abruptly terminated medical care at demand of employer 1/9/2012, 2/4/2012 1st – Approximately 8 am, Mountain Resort, Snowy Morning, in front of co-workers and manager; 2nd – Early morning of 2/4/12
LEGEND TYPE
BOLD, times new roman is from Defense firm 12/12 “Medical Index” provided to IW at WC Hearing of 12/18/12 wherein missing documents were again discussed. Corrections to  Urgent Care MD entries…defense shows 01/09/12…the first doctor on day of injury was Chiropractor, 01/11/12; non-bold entries indicate omitted records…. SEE earlier dated indexes showing adding in of some reports by defense, but not all
Adjuster indicated neither he nor defense counsel would dig through the files to find missing records, there’s ‘just too much paper’  in June phone call.

SUMMARY OF DOCTORS SEEN FOR TRAUMATIC BRAIN INJURIES: Draw your own conclusions. Hint. The brain oriented doctors have all been ‘self-procured’ as seeing orthopedic surgeons for traumatic brain injury just ‘doesn’t make sense’ to any thinking person.

roll my eyes out loud

2 chiropractors (one declined to treat due to paperwork confusion), 1 neuropsychologist, 3 clinical psychologists, 9 MDS (3 family practice, 5 orthopedic surgeons [for brain injury, d’oh!] 2 neurologists (1 with speciality in epilepsy/fybromyalgia and another with specialty practice in Electromyography and Electrodiagnosis), and others: 1 DC with specialty in functional neurology, 1 accupuncturist, 1 EEG neuro-feedback phD (who provided the only EEG, self-procured, unreimbursed), 1 physiatrist, 1 speech therapist (MA, CCC-LS LSP), 1 physical therapist, 1 optometrist, 1 neuro-optometrist, 1 vocational rehabilitation vision specialist, 1 doctor of unknown credentials who repeated tests taken within 30 days, causing ‘practice effect’ in results, and 1 forensic psychiatrist.

Requested but denied medical evaluations and treatments, since January 2012:

EEG, EEG Neurofeedback treatment, MRI – brain, cervical, upper back, right shoulder (brain self-procured, cervical authorized Apr 2013, Shoulder authorized July 2013), Continuing chiropractic (6 sessions authorized late Jun 2013, no providers willing to accept WC paperwork risks for failures to pay; requested seeing initial chiropractor and first doctor seen on date of injury); neurology evaluation with expertise in brain injury, physiatrist, functional neurology treatments, Neuro-Optometry evaluation and Vision Occupational Therapy, Occupational Therapy, Physiotherapy (6 sessions – cervical only- authorized 2013) – no extensions; 

Labor Code 4610 seems to be clear that “only a physician competent to evaluate the specific clinical issues that were within the scope o the physician’s practice can modify, delay or deny treatment plans.  The insurance company actions to deny specific clinical evaluations are then used as ‘evidence’ of lack of evidence to support demand for medical care.   Talk about a shell-game and Worker Comp Fraud!  Furthermore, the defense counsel has a pattern of omitting medical records to further skew the ‘medical evidence’ and to further deny reasonable and appropriate medical care. 

SELF-PROCURED REASONABLE, NECESSARY AND APPROPRIATE MEDICAL CARE, UNREIMBURSED TO DATE:

Jan 2012  $30

Feb 2012  $371 + 75

Mar 2012  $300 + 40

Apr 2012  $174.46 +40

May

Jun

July

Aug

Sep 2012   $40

Oct 2012    $40

Nov 2012 – $7,961.47

Dec 2012 – $2,030.16

Jan 2013

Feb 2013

Mar 2013

Apr 2013

May 2013 – $868.45

Jun 2013 – $30 + 160 + 160 + 184 + 322

TOTAL MEDICAL REIMBURSEMENT DUE

AND WAY PAST DUE:

$12,826.54 + penalties to be imposed by Court, at maximum;

For Brain MRI, Urgent Care Co-Pay, Lumosity Brain games thru April 2012, EEG, 2012 Eye Exam (DMV required after neuro-nazi attempted license revocation when non-indicated drugs were declined, Speech Therapy evaluation , Neuro-Optometrist Evaluation, VISION OCCUPATIONAL THERAPY, Physiatrist Evaluation, Chiropractic from 2012-February, March, April, September, October and June 2013, Functional Neurology Brain Based Treatments, Lab work.  Vocational VISION rehab ongoing, and self-procured treatments with brain injury specialists, as protected by LABOR LAW.

~~~

June 2013 –  Long term Goals of  VISION OCCUPATIONAL THERAPY (self-procured as it has been denied by insurance company since April 2012)

1. Pt will be able to negotiate at noisy, crowded novel, dynamic environment without difficulty showing improved visual spatial skills and decreased sensory overload.

2. Pt will be able to visual scan across busy environment such as street crossing with cars passing without dizziness reported or blurred vision.

3. Pt will be able to tolrate 4 minutes endurance run on the Dynavision completing minimum of 245 lights showing increased visual attention and awareness.

4. Pt will be able to organize reading material in a normal pattern and complete reading task without difficulty.

5. Pt will incorporate home program to assist with integration of learned skills for improved functional skills in home and community.

6. Pt will be able to scan and visually search in a non-random pattern being able to locate 10/10 items in the environment.

yoda wisdom of

Knight v. United Parcel Service and Liberty Mutual Insurance Company, 71 CCC 1423   In this case, the Board held that an employer or insurer’s failure to provide required notice to an employee of rights under the medical provider network (MPN) that results in A NEGLECT OR REFUSAL TO PROVIDE REASONABLE MEDICAL TREATMENT RENDERS THE EMPLOYER OR INSURER LIABLE FOR REASONABLE MEDICAL TREATMENT SELF-PROCURED by the employee.

Krueger v. Republic Indemnity Company of America, 28CWCR44 says I have the right to change treating doctors at any time pursuant to Labor Code S4060.  It also rules that AD Rule 9785 is invalid.   The case says AD Rule 9785 is invalid because it is inconsistent with the right of an injured worker to the “free choice of physician” guaranteed by Labor Code S4600.  Therefore, under this case I do not need to request a QME evaluation in order to obtain medical care.  Under the laws as set forth in the court case Emporium-Capwell Co. v. WCAB (Tidwell) 48CCC801 (1983), I have the right to change treating doctors at any time after waiting the appropriate time from the date of injury. 

Rhiner v. WCAB (1993), 4 Cal.4th 1213, 18 Cal.Rptr.2nd 129, 58 CCC 172 (California Supreme Court Case).  This very important case establishes that when an insurance company is guilty of unreasonable delays in paying benefits, the applicant is entitled to a 10% penalty based on the dollar amount of the entire benefit (“the entire species of benefit”) and not just on the improperly delayed portion of the benefit….past, present and future.

Knight v. United Parcel Service and Liberty Mutual Insurance Company, 71 CCC 1423   In this case, the Board held that an employer or insurer’s failure to provide required notice to an employee of rights under the medical provider network (MPN) that results in A NEGLECT OR REFUSAL TO PROVIDE REASONABLE MEDICAL TREATMENT RENDERS THE EMPLOYER OR INSURER LIABLE FOR REASONABLE MEDICAL TREATMENT SELF-PROCURED by the employee.

Krueger v. Republic Indemnity Company of America, 28CWCR44 says injured workers have the right to change treating doctors at any time pursuant to Labor Code S4060.  It also rules that AD Rule 9785 is invalid.   The case says AD Rule 9785 is invalid because it is inconsistent with the right of an injured worker to the “free choice of physician” guaranteed by Labor Code S4600.  Therefore, under this case the injured worker not need request a QME evaluation in order to obtain medical care.  Under the laws as set forth in the court case Emporium-Capwell Co. v. WCAB (Tidwell) 48CCC801 (1983), the injured worker have the right to change treating doctors at any time after waiting the appropriate time from the date of injury. 

Under LC S5814, applicant may be entitled to a sum equal to 25% of the value of the treatment or service denied, if the doctor requires authorization for a medical procedures or treatment and the insurance company unreasonably delays or refuses to authorize it.

cosmic intent

How can the lawyers involved claim a right to any compensation for their unconscionable ignorance and failures to adequately represent an American with Diagnosed AND TREATABLE Disabilities…… ??

They failed to perform legally contracted for representation, and must be subjected to disciplines and sanctions, not rewarded for their parts in the horrors the injured worker has been subjected to.   Is there no policing or continuing education required in the legal gutters??  Minimally, they must be prevented from ever representing another brain-injured worker until and unless they are educated to competently do so.  To lose their license to practice law in California would be too light a sentence, from the perspective of the injured worker, whose injuries were not alleviated, nor was reasonable and appropriate medical care facilitated by any of the three lawyers.Bellini   Hydra  OWS

Lawyer #1 –— wasn’t really a lawyer—the lawyer did a 3 second-meet-and-greet and the firm’s office administrator does the intake, provides legal opinion, determines the type of doctor for primary treating physician (in this case, it was determined that an ORTHOPEDIC SURGEON was required for the brain injury.)  That orthopedic surgeon wrote down brain injury complaints as ‘headache’ and stressed, by way of word and action example, to expressed and tearful concerns about the brain injury, “Look, if I kicked you in the leg, it would hurt, but it wouldn’t mean you were injured”.  0.o     Then he proceeded to recommend a chiropractor in his office, twice a week.  When that was met with a “That’s a hundred miles round trip, twice a week.  I have a brain injury.  I need to see a doctor for my brain, and I can’t drive that much.”  He then asked, “You’re not working are you?” “Then, you can drive.”   0.o    That issue escalated quickly and an attorney friend (who had sadly referred to this firm) and a retired judge encouraged immediate dismissal and deal with the Bar later.

grumpy cat stupid

Lawyer #2 — wasn’t really a brain injury expert, and his workers comp skill level was minimal.  He dismantled the first ‘treatment team’ the injured worker had painstakingly organized, with the adjuster, to include a clinicial psychologist, a neuro-psychologist, a brain-MRI, and one neurologist (who sadly specialized in epilepsy and fibromyalgia, not traumatic brain injury) and was a total nightmare on his own.   Lawyer #2 has ‘his own’ doctor, who was a 3 -hour drive from the injured workers home, had a lesser credential than the first testing neuro-psychologist, only saw the injured twice in 8 months, and had ‘chat therapy’ sessions provided by one of his associates, of unknown credentials.  He did write with a Mont Blanc pen and had a very fancy office with great view of Pasadena, through the smog.  He had a plan for further neurology evaluations, EEG neuro-feedback treatments, neuro-optometry and vision therapy….. NONE OF WHICH HAPPENED.

373904_108997595883860_100003208595731_54447_1057147537_n   organized crime

PTP, upon receipt of a threatening letter from defense attorney about his alleged failure to ‘write a report’ on time (which defense attorney had been sent, with proof of service, multiple times….patterns).  After that, he determined injured worker was close to healed and could go be a greet or clerk.  Clearly sexist-discrimination in his consult, suggesting that a cognitively impaired woman could be a clerk or administrative support person.  He was clearly looking to keep his QME license clear, and to not overly-annoy the defense counsel.

~~

Then lawyer #2 alleged to prepare for a deposition, when all along he had apparently been seeking a premature settlement, which he secured an offer for $100,000 in November 2012—AND ATTEMPTED TO COERCE INJURED WORKER TO ACCEPT IT, as there was ‘no evidence’ of injury …………. except for the diagnosis and requests for treatment and denied evaluations.   Injured worker had a enough remaining marbles and advised that a settlement offer could not be considered without a valid diagnosis and prognosis.  He got paid for the aborted deposition, he made sure of that.  Injured worker has yet to receive mileage reimbursement for even that.

~~

grumpy cat  keep talking  i always yawn when i am interested

Injured worker then without any delay immediately sought a brain injury evaluation and commence self-procured treatment, then dismissed the attorney, who clearly had no clue of diagnosing or treating and representing a brain injured worker.  The initial consultation was free, and it was such a relief to speak with an intelligent doctor who was very familiar with brain injury, and better yet, he has training in rehabilition and functional neurology, scientifically evidenced and measurable medical treatments.

Lawyer #3 was hired in January 2013, at the onset of more threats of more legal-mumbo-jumbo and deceptions and continued denial of medical care by the defense attorney, a non-physician, from a family of ‘bone doctors’. (Skulls and Bones??!!)   #3 was a ‘cantankerous old goat’ resting on laurels of yesteryear, and had a staff that couldn’t even read a simple list of ‘omitted records’  and failed to keep any agreement with injured worker, and against wishes of injured, agreed to an AME not with a neuro-psychologist, but with a forensic psychiatrist of very questionable behavior and judgement.  Lawyer #3’s office failed to ensure all medical records were provided to AME doctors, as had been adamantly requested by IW at the time of hire.  This lawyer was arrogant in his response to the omitted records by stating ‘there is no conspiracy to omit records. You have major psychological issues and I suggest you get help immediately.’

~~

The injured worker responded in writing that psychological support was one of the often denied requested medical authorizations, and was he suggesting self-procured treatment, even though his office had no clue on how to deal with self-procured medical treatment, medical and miles reimbursements, or finding other than an ORTHOPEDIC SURGEON for a brain injury as a primary, and looked for a ‘pain specialist’ for the brain component….. CLUELESS AND VICIOUS.  The only ‘butt kicked’ was that of the injured worker.

GRUMP CAT  STUPIDITY

~~~~~~~~~

12 Frequently Asked Questions
about
California Workers’ Compensation Law

1.   Now that I got hurt on the job, can I make that down payment on the Mercedes?

2.  What about all the wages I’m losing?   And that I can’t bowl or have sex anymore?   I’m losing WAY more than what Workers’ Comp. is paying me!   That’s not fair!   Can they get away with this?

3.  Ok, I filed my claim and, after the insurance company stopped laughing, they DENIED it!   This bothers me. What about medical treatment? What can I do to make them live to regret how shabbily they’ve treated me?

4.  I’m sure my medical problems are caused by work but I can’t pinpoint a specific incident.   Am I out of luck?

5.  For how long can I get medical treatment, Answer Man?

6.  What if I can’t go back to my job?   Is that when I make the call to Dr. Kevorkian?

7.  My doctor’s report is a worthless pack of LIES!   How can this quack have the “final word” about my injury?

8.  I hate my job AND my boss.   They’re both driving me NUTS!   My spouse can’t stand me … and I kick the dog.   How do I file a STRESS CLAIM??????

9.  Wait a second… Color me CONFUSED!   I can’t do this alone!!   I need help!   How?

10.  We all know lawyers are just below pond-scum on the food chain (nothing personal). How can I prevent these low-lifes from RIPPING ME OFF (if I’m unfortunate enough to need one to help me)???  

11.   I have a lawyer right now and I’d be better off cramming long, sharp objects into my eyes!   How do I dump this idiot?   How do I get my file?     Can he still get a fee from me?   Could he take my soul if I truly believe he’s Satan?

12.  How could there be only 12 Frequently Asked Questions???   That seems an odd number.   Are you odd?   There must be more than 12 questions to ask!   Haven’t you left out a lot I should know?   Why?

http://workinjury.com/12-faq.htm#12

The above is dated information, but the principles are sounds and sassy.  The California Workers Comp laws changed dramatically in January 2013, so do your own research, draw your own conclusions, and remember, it’s hard to find a competent workers comp applicant attorney, and if you want a smart one, with cognitive abilities and knowledge of brain injuries, good luck if you don’t hire them on the first shot.  Nevermind that brain injury causes poor judgement and slow processing….. Lawyers seem superstitious (or stupid and greedy) and seem to have a monopoly on ‘first hire’ is it, as few others will take on a botched up legal mess, not even when a life depends on it.

~~~

How do lawyers look away when someone pleads for life-saving help??  Pitiful, evil and pitiful.

Sonderkommandos, on the whole…. and they seem to think they’ll get out of this alive.

ASK ABOUT PSYCHOPATHS NOW.

psychopaths in power know  do you

HERE ARE SOME RESOURCES, SHARE YOUR RESOURCES; SUBMIT YOUR STORIES AS A GUEST BLOGGER!  

WE ARE THE MEDIA NOW AND FOR THAT WE ARE RESPONSIBLE.

ASK ABOUT WORKERS COMP GRAVY TRAINS:  FB  PAGE:  https://www.facebook.com/AskAboutWorkersCompGravyTrains

BRAIN INJURY ADVOCATES:   An Activist’s Go-To Handbook…. the book:  http://braininjuryadvocates.com/  by Susan Hultberg  http://braininjuryadvocates.com/book-back-cover

CALIFORNIA WORKERS’ COMP – How to Take Charge When You’re Injured on the Job – Christopher A. Ball –  http://www.nolo.com/products/california-workers-comp-work.html

brave strong humble

yOda (2)

Injured #Wyndham Worker – Driven to Madness …. 8,696 dangerous miles desperately seeking immediate reasonable and appropriate #TBI medical care

dammit i'm mad

Will CALIFORNIA DISTRICT ATTORNEY OFFICES LEAD THE WAY IN FRAUD-FIGHTING?  They have $32 million now to get the job done; Let’s hope they do it and do it NOW.  Read on…

ARE THERE RICO VIOLATIONS??  READ ON….

WE ARE THE MEDIA NOW, THE WORKERS COMP MEDIA NOW.  SO BE IT.

ASK ABOUT WORKERS COMP GRAVY TRAINS  …..https://www.facebook.com/AskAboutWorkersCompGravyTrains

Injured #Wyndham Worker – Driven to Madness …. 8,696 dangerous miles desperately seeking immediate reasonable and appropriate #TBI medical care

JAN 2012 – 340.80 miles

FEB 2012 – 370.60 miles

MAR 2012 – 499.40 miles

APR 2012 – 810.20 miles

MAY 2012 – no treatment and benefits terminated

JUN 2012 – 2,021 miles

JUL 2012 – 400 miles

AUG 2012 – 400 miles

SEP 2012 – no treatment

OCT 2012 – 246 miles

NOV 2012 – 75 miles (aborted deposition and premature ridiculous settlement offer WITHOUT brain injury evaluation or treatments, with said settlement demanding termination of job and any future medical benefits)

NOV 2012 – 847.60   (urgently self-procured medical evaluation and treatment with brain-injury-treatment expert and functional neurologist)

DEC 2012 – 279 miles  (defense counsel demanded termination of brain-injury treatment and threatened treating doctor with legal action if treatment continued)

JAN 2013 – 90.00 miles

FEB 2013 –  107.40 miles

MAR 2013 – 246.20 miles

APR 2013 – 211.60

MAY 2013 – 444 miles

JUN 2013 – 1,243.20 (urgently self-procured medical evaluation and treatment with brain-injury-treatment team of experts including physiatrist, neuro-optometrist, vocational rehabilitation-vision with recommendations for treatment with speech therapist with cognitive remediation, vestibular balance disorder evaluation and in-patient rehabilitation in order to restore /replace some cognitive deficits–DENIED AGAIN BY INSURANCE COMPANY ADJUSTER, A NON-PHYSICIAN, IN VIOLATION OF LABOR CODE)

JUL 2013 – 64.00

8,696 MILES…. and still fighting denials of reasonable and appropriate medical care for diagnosed injuries!! Unreimbursed miles!

world is a dangerous place

DIAGNOSES:  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive syndrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes

#########

8,696 MILES  TRAVELING IN SQUARE CIRCLES TO ‘VISIT’ VARIOUS APPARENTLY Insurance and Legal ‘SHOPPED DOCTORS’

…. in order for the insurance company to obtain bogus reports, based on the incompetence and lack of expertise in neurosciences and functional neurology.  The various apparently ‘shopped’ reports from various providers of the Workers Comp Gravy Train provide ammunition for the insurance company defense counsel to fabricate an image of ‘no injury’ or ‘100% recovery from injuries’ without benefit of any medical treatment of evaluations in accordance to LABOR CODES.   Legal counsel was knowingly or unknowingly complicit in the deceptions, and failed miserably in properly representing Injured Worker, without expertise in representing a brain-injured client.   All three dismissed law groups appeared to compare a TRAUMATIC BRAIN INJURY to a broken leg, and applied the same theories of legal practice.

y u no see lies so obvious lies

The unreimbursed medical miles since April 2012 to date amount to $2,649.00, plus maximum penalties to be ordered by the Court.  The requests were submitted in a timely basis, 8 or 10 times to both the Adjuster and Defense Counsel, and each subsequent follow up is met with “we didn’t get it” “please send it again” “we thought we paid that” “we don’t have it” “what medical miles are you inquiring about”.   The same fabricated responses hold true for requests for self-procured medical treatment, to-date in the amount of approximately $13,000.00, plus penalties and perhaps trials and jail-time for some of the providers.  The county district attorney offices have been funded with several million dollars for fiscal year 2014, in order to FIGHT WORKERS COMP FRAUD.  Let’s hope they focus on the real criminals in the system, who are maiming and killing injured workers, all the way to the bank.

An unreasonable failure to timely pay reimbursement for mileage to and from medical appointments is a basis for an award of a 10% penalty against the entire medical treatment portion (species) of benefits, past present and future.  Payments after 30 days of request for reimbursement may be unreasonable, and it is up to the court to decide what constitutes a reasonable or unreasonable time to reimburse an applicant for covered expenses.   Avalon Bay Foods v. WCAB (Moore) 63 CCC 902 (California Supreme Court) says that when an insurance company is 60 days or more late in paying medically related transportation expenses (mileage reimbursement), there is a Labor Code S5814 penalty owed on all medical treatment benefits (of which mileage is a part).

 stupid  no stupid people beyond this point

~~

Medical care that had been self-organized [due to MPN issues, for another blog], in conjunction with Adjuster,  was terminated because Injured Worker IMMEDIATELY requested a second neurologist–with an expertise in TRAUMATIC BRAIN INJURY — rather than “epilepsy and fibromyalgia”.  The first neurologist was an absent-mind-professor type, who even had to borrow the injured worker’s pen to complete the ‘visit’.   Without medical evidence, said ‘professional’ ‘offered’ preventive ANTI-SEIZURE pharmaceuticals, with liver killing side-effects, amongst others.  This practice was deemed unfounded by the medical profession in — 2004….. to immediately offer anti-seizure meds when a 2nd impact blow to the head occurs after an untreated concussion/traumatic injury.   Said ‘professional’ also insisted on a ‘SLEEP DEPRIVED EEG’ 3 weeks into the future, which are known to CAUSE seizures.

~~

Since Injured Worker had very high ‘pre-morbid’ intelligence levels, and still had sufficient street sense to have “WTF” sirens go off at the bizarre demand, contrary to ‘rest the brain’ by other doctors.  The danger was apparent to the brain-injury survivor….that to drive 220 miles, SLEEP DEPRIVED WITH A BRAIN INJURY, was simply INSANE.   The insurance company adjuster wanted this doctor to be the new ‘primary treating doctor’  [over the injured workers’ dead body, we presume!].  Injured worker then hired Attorney #2.  On Easter Sunday, 2012, said doctor called injured worker to again discuss liver-and-other-organ killing pharmaceutical, ‘seizure medications with mood elevators’ to also help address [dumb down] the apparent anger issues.  Said doctor was offended when injured worker replied, “I don’t take drugs.”

pharma kills

He muttered something about ‘these are not drugs, they are pharmaceutical medicine’.   There was no ‘meeting of the minds’ in this doctor-patient arrangement and in retaliation, more than one month after the 15 minute visit/evaluation, this neurologist [referred to as the ‘Neuro-Nazi’ by injured worker and friends!] so he then threatened that if a prescription was not accepted and called in to a local pharmacy, he would report the patient to the Department of Motor Vehicles, to have driver’s license revoked, which he did.

doctor drug pusher

The injured worker fought the good fight, and intends to include this doctor in a report for fraud investigations.  Furthermore, the demanded ‘Sleep deprived EEG’ could only be done in his office, by his technician [for his profit.]   BOOOOOO.  DANGER DANGER.

~~~

The second neurologist was ‘authorized’ more than a year later, and his specialties were… non-existent.  His medical opinion and expensive report indicated complete healing, magical as it may seem to all, and that the only continued treatment suggested was “over the counter analgesic.”  The football crowd may have a good laugh at that doctor.

~~~

The “forensic psychiatrist’ could not keep the dates or facts straight in his $4,000 bogus report, and clearly indicated, regarding injuries sustained in 2012:  “”Neuro-Psychiatric symptoms include a loss of consciousness on February 4, 2013, and a history of a closed head injury on January 9, 2013.  Her loss of consciousness was apparently due to a swollen brain and interrupted chiropractic care.”  For treatment, this arm-chair-rocket scientist, further states:  “Treatment should only be provided industrially if the Finder-of-Facts finds some evidence of an industrially-related concussion injury.”   [The skewing of facts is probably due to the short time spent with patient, although under penalty of perjury, he alleged he spent 7 hours with injured worker.  Uh oh.  Fraud Alert!  Perhaps this doctor should be drug tested.]

wc occupy psychiatry lucy

Further stated:  ‘IMPAIRMENT:  Residual impairment due to chronic maladaptive coping mechanisms, preexisting personality conflicts, poor anger management skills.”

owl perspective idiot stupid
Lawyers without knowledge of brain injuries evaluations and treatment must be prevented from dangerously mis-representing BRAIN INJURED WORKERS, pretending to have expertise which they clearly do not. A brain injury is not the same type of case as a broken arm, and requires different levels of smarts and expertise. A TBI shortens life span by 7-8 years when immediately treated….shortens further when untreated. THE BRAIN RUNS ALL BODY SYSTEMS…a malfunction in one system indicates other malfunctions requiring interventions.

DOES THIS MEET ACOEM GUIDELINES FOR TREATMENT AND EXPERTISE for BODY PART INJURIES INCLUDING BRAIN, HEAD, EYE, NECK, BACK, SHOULDER, OTHER BODY-PART SYSTEMS??  Draw Your Own Conclusions!

The WORK COMP Gravy Train of doctors/providers/legal counsel sent the trusting brain-injured worker to many apparently ‘shopped doctors’ without any brain-injury expertise , (causing brain injured worker, at 10 months post-injury, to SEARCH FOR AND  SELF-PROCURE reasonable and appropriate medical care —> because ‘authorities’ refused to provide reasonable and appropriate medical care).  This list includes evaluations ONLY, no treatment  (other than the stated exceptions of some chiropractic, some chat-therapy with clinical psychologist(s),  and a few cervical physical therapy sessions: : 2 chiropractors (1 declined due to paperwork/authorization madness and apprehensions payment would be withheld by adjuster), 2 neuropsychologist (1 declined to treat when Injured Worker appeared for appointment,  due to Work Comp, although it was later discovered said doctor was the only local neurologist on alleged MPN list), 3 clinical psychologists, 9 MDS (3 family practice, 5 orthopedic surgeons [for brain injury, d’oh!] 2 neurologists, and others: 1 DC with specialty in functional neurology, 1 accupuncturist, 1 EEG neuro-feedback phD (who provided the only EEG, self-procured, unreimbursed), 1 physiatrist, 1 speech therapist (MA, CCC-LS LSP), 1 physical therapist, 1 optometrist, 1 neuro-optometrist, 1 vocational rehabilitation vision specialist, 1 doctor of unknown credentials who repeated tests taken within 30 days, causing‘practice effect’ in results, and 1 forensic psychiatrist.

wc time for change

PENALTIES FOR FAILURE TO PROVIDE MEDICAL CARE in accordance with WCAB guidelines.  This violation appears to be a $10,000+ penalties, which could include prosecution for fraud and collusion to maim and kill injured workers for corporate profits.

http://www.insurance.ca.gov/0400-news/0100-press-releases/2012/release077-12.cfm
http://www.insurance.ca.gov/0400-news/0100-press-releases/2012/release077-12.cfm

Knight v. United Parcel Service and Liberty Mutual Insurance Company, 71 CCC 1423   In this case, the Board held that an employer or insurer’s failure to provide required notice to an employee of rights under the medical provider network (MPN) that results in A NEGLECT OR REFUSAL TO PROVIDE REASONABLE MEDICAL TREATMENT RENDERS THE EMPLOYER OR INSURER LIABLE FOR REASONABLE MEDICAL TREATMENT SELF-PROCURED by the employee.

 

Krueger v. Republic Indemnity Company of America, 28CWCR44 says I have the right to change treating doctors at any time pursuant to Labor Code S4060.  It also rules that AD Rule 9785 is invalid.   The case says AD Rule 9785 is invalid because it is inconsistent with the right of an injured worker to the “free choice of physician” guaranteed by Labor Code S4600.  Therefore, under this case the injured worker need not request a QME evaluation in order to obtain medical care.  Under the laws as set forth in the court case Emporium-Capwell Co. v. WCAB (Tidwell) 48CCC801 (1983), the injured worker has the right to change treating doctors at any time after waiting the appropriate time from the date of injury. 

Under LC S5814, applicant may be entitled to a sum equal to 25% of the value of the treatment or service denied, if the doctor requires authorization for a medical procedures or treatment and the insurance company unreasonably delays or refuses to authorize it.

wc lucy asks doctor lawyer or adjuster

RICO???  

October 23, 2008

http://abelllaw.typepad.com/kentucky_employment_law/2008/10/injured-workers-may-sue-under-racketeering-law-based-on-scheme-to-deny-them-workers-compensation-benefits.html

Injured Workers May Sue Under Racketeering Law Based On Scheme To Deny Them Workers Compensation Benefits

“Injured workers may pursue civil claims for damages under the federal racketeering law known as RICO (Racketeer Influenced Corrupt Organizations) based on a scheme to wrongfully deny them workers compensation benefits the Sixth Circuit ruled today in Brown v. Cassens Transport Co., No. 05-2089. The plaintiffs, a group of six injured workers, claimed that their employer, Cassens Transport Company, the company that administered Cassens’s workers compensation claims, Crawford & Company, and a doctor, Saul Margules, “employed mail and wire fraud in a scheme to deny them worker’s compensation benefits.”  More specifically, the injured workers alleged that “Cassens and Crawford deliberately selected and paid unqualified doctors, including Margules, to give fraudulent medical opinions that would support the denial of worker’s compensation benefits, and that defendants ignored other medical evidence in denying them benefits.” ….

“…

lisa and bart the whole damn system is wrong

The court also addressed two other RICO issues.  First, that reliance by the injured workers on defendants’ fraudulent misrepresentations was not an element of a civil RICO claim based on a Supreme Court ruling in Bridge v. Phoenix Bond & Indem. Co., No. 07-210 (June 9, 2008).  Second, the workers pleaded a compensable RICO injury because “the defendants’ fraudulent acts were a ‘substantial and foreseeable cause’ of the injuried alleged by the plaintiffs: the deprivation of their workers’ compensation benefits and expenses for attorney fees and medical care.”

This case outlines a path by which injured workers may obtain relief from schemes by employers, insurance companies and doctors aimed not at dealing with the true and real facts but at wrongfully denying benefits to truly and legitimately injured workers.  It should also raise a flag of caution for those insurance companies and doctors that reflexively oppose and deny the claims of truly and legitimately injured workers….”

Unverified resources, but it's an inspirational website.... do your own research, draw your own conclusions  http://www.noiw.org/newsstories/employersfacerico.html
Unverified resources, but it’s an inspirational website…. do your own research, draw your own conclusions http://www.noiw.org/newsstories/employersfacerico.html

Here are some resources, share your resources; SUBMIT your stories as a guest blogger!  

WE ARE THE MEDIA NOW and for that WE ARE RESPONSIBLE.

  1. ASK ABOUT WORKERS COMP GRAVY TRAINS:  FB  PAGE:  https://www.facebook.com/AskAboutWorkersCompGravyTrains
  2. BRAIN INJURIES:  FB PAGE:  https://www.facebook.com/Brain.Injury.Advocate
  3. BRAIN INJURY ADVOCATES:   An Activist’s Go-To Handbook…. the book:  http://braininjuryadvocates.com/  by Susan Hultberg  http://braininjuryadvocates.com/book-back-cover
  4. CALIFORNIA WORKERS’ COMP – How to Take Charge When You’re Injured on the Job – Christopher A. Ball –  http://www.nolo.com/products/california-workers-comp-work.html
  5. Workers’ Compensation in California: A Guidebook for Injured Workers  http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

WE ARE THE MEDIA NOW, AND FOR THAT, WE ARE RESPONSIBLE.

FRIENDS HELP FRIENDS HOLD CRIMINALS ACCOUNTABLE FOR THEIR ACTIONS….

what if you realized how powerful you really are

WHAT IF we realized how powerful we are??  ONE, DIVIDED BY NO THING.

occupy virtually 99 percent

your ignorance their power

FB FRIEND Saw your reference and couldn t call it - 437678126244063

Wyndham Worldwide, Is there a WIDGET ASSEMBLY department??!

indian talking stick

COGNITIVE DISORDER NOS, SECONDARY TO TBI.

Wyndham Worldwide, do you have a management job for someone with this skill set after RTW is approved?? Is there a WIDGET ASSEMBLY DEPARTMENT??!

[ TBI – TRAUMATIC BRAIN INJURY.  INTELLIGENCE LEVELS USED TO BE ….MENSA STANDARDS…. NOT NO MORE….. ]

APRIL 2012 –

Judgment and Insight:  The patient’s judgment and insight seemed intact. Patient appeared to be aware of how the injury had affected cognitive functioning and discussed taking steps to remediate for areas of perceived deficit….

Test Behavior: The patient was also frequently tearful, becoming emotionally distraught when perceived unable to perform various tasks as well as perceived they would have been done prior to injury.  Also becomes tearful when talking about various professionals who were perceived as not caring for medical needs appropriately.

COOPERATION:  The patient was very cooperative.  Completed all tests administered without complaint.

EFFORT:  Patient appeared to put forth best effort on all tasks administered.  Objective testing also gave no indication of purposeful exaggeration or distortion of symptoms….

BRAIN WORK

RECORDS REVIEW:

Report to Employer:

Disability or Medical Limitations:  (Physician must review employee’s job description and describe disability and/or restrictions from performing this job). 

HAS PROBLEMS WITH ATTENTION AND CONCENTRATION WHICH WILL IMPACT ABILITY TO EFFECTIVELY PROCESS COMPLEX CLIENT INFORMATION AND OTHER DATA.  Additionally, injured worker has a reactive depression to the conditions and neurobehaviorial symptoms.    Medications Taken and Side Effects:  N/A

Mitigating Measures or Assistance Devices Utilized and Degree of Effectiveness in Reducing Functional Limitation and Effect of Medical Condition on Major Life Activities, Description of Impact and Duration:

Injured worker needs ongoing psychotherpay and cognitive remediation.  Ongoing Rx for neurobehaviorial symptoms as per Physiatrist. Patient has problems with money management at this time, however, is independent with all other ADL’s…..  [Physiatrist recommended treatments and further evaluations were never authorized after initial consult.  Initial consult did result in non-revocation of driver’s license after unfounded report by neurologist with a specialty in epilepsy and fibromyalgia (neither of which IW suffers from), not TBI, saga for another blog]

State Whether Employee Can Perform the Tasks in the Job Description in light of Medical Condition and identify any applicable restrictions and duration:

#Responsibility – will have difficulties with training and development and remembering information to convey to others…

Knowledge and Skills – patient will have problems tracking with company policies and procedures.  Patient may also have problems with organization.

Identify Any Accommodations that Would Enable the Employee to Perform the Tasks that the Employee’s Medical Conditions Precludes from Performing 

Modified duty – performing rote and repetitive tasks that do not require major decision making or constant interaction with the public.

stuff and crap

Identify any injury, harm or aggravation that the Employee may experience by Performing the Job Duties Due to the Medical Conditions and State the Medical Reason for your conclusion:

The major issue will be increased depression and irritability resulting from frustration over inability to perform up to expectations or from making mistakes.  I cannot speak to physical issues as they lie outside my area of expertise.

dammit i'm mad

Identify if Medical Condition is Temporary or Permanent:

Patient is TTD [TEMPORARILY TOTALLY DISABLED] and expected to reach P & S [PERMANENT AND STATIONARY; as good as it gets] at a year post injury, plus or minus a month.

~~~~~~~~~~~~~~~~OCTOBER 2012~~~~~~~~~~~~~~~

Report to Government Agency:

HAS PROBLEMS WITH ORGANIZATION AND WON’T BE ABLE TO FOLLOW PROCEDURES.  ORIGINALLY HAD PATIENT SCHEDULED TO RTW ON____ I AM CURRENTLY RELEASING TO RTW W/RESTRICTIONS – BASIC CLERICAL TASKS.  SEE ATTACHED REPORT.

Did you read and share these BLOG POSTS yet Thanks

[‘however, after reflection upon threatening letter from defense attorney and possible jeopardization to QME designation, without benefit of treatment, further evaluation or anything medical for TBI or anything else..’  the patient in now deemed ready to return to work  to ensure flow of business referrals within the small community of workers comp providers !!!????????????!!!!!!!!!!!.]

~~

[Corporate Employer is to be nicely patient when injured worker is slow and/or severely challenged to collate multiple pages, such as 2 sets of 4 documents.  With time, the speed will improve, as if retraining for assembling widgets.]  –  Clinical Psychologist apparent opinion.

~~~

protected by angels

INJURED WORKERS IS “….very angry at not getting the treatment that is expected.”

[Doctor is clearly unfamiliar with ACOEM medical guidelines for treatment and evaluations….nor Labor Law]

Return to Work Issues:

Patient should be able to return to modified duty … with the following restrictions:

1. Injured worker should go to the office closer to home.

2. While injured worker is not able to return to work as a sales person, injured worker should be able to return to work to modified duty as a clerical person.  a.  injured worker could work as and administrative assistant [and correct little typos] or doing front desk work.  b. injured worker should not go back to sales until _____.   

[UNTIL legitimate medical care provided??!!!  If injured workers was a male, would the accommodation request have reflected a different bias?!]

3. The patient should return to work for 6 hours a day for the first week, and 8 hours a day thereafter.

4.  If these restrictions can not be kept, the patient should then be considered totally temporarily disabled until Permanent and Stationary status is reached.

TREATMENT RECOMMENDATIONS:

1. The patient needs to see a Psychologist closer to home.  The patient needs a set of 6 sessions with a CBT emphasis to address anxiety [anxiety over lost, untreated cognitive functions etc.].  It is simply impractical for the patient to travel approximately 2 hours [3 hours, each way!!!] to come see me in my office.  I would recommend [Psy.D without expertise in brain injury, that does not accept workers comp patients.]

2. The patient continues to experience visual difficulties.  I am asking formal authorization for the patient to see designated neuro-optometrist. [Originally requested in April  2012; denied.]

roll my eyes out loud

3. This patient is not interested in taking medications at this is time.

4. I will see the patient again in 6 weeks.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

HISTORY of reports by this attorney-designated doctor, outside of MPN, authorized by hearing disputing MPN existence and failure to properly notice:

AUGUST 2012 – Disability Status:  The patient is temporarily totally disabled.   Recommendations and Plan:  1. Continue with authorized treatment sessions [chat therapy with staff doctor of unknown credentials to deal with stress and anxiety over lost, untreated cognitive functions etc. and to explore expensive gadgets to compensate for brain injury impairments] 2. Continued treatment as per other medical specialties. [no other medical specialties authorized despite multiple requests; injured worker has skewed sense of time since injury and just patiently waited and waited and waited for proper authorities to authorize requested treatment; injured worker was advised that that worker comp process is slow……until the Plaintiff’s attorney attempted to coerce acceptance of a premature settlement offer, without benefit of evaluations requested by ‘other medical specialties’ and said settlement demanded forfeiture of all future benefits…. which ensured that injured worker would be ‘SLEEEPING UNDER A BRIDGE’ in the foreseeable future unless a widget assembly job could be found.]

keep working

JULY 2012 – Disability Status:  The patient is temporarily totally disabled.  Recommendations and Plan:  1. Continue with authorized treatment sessions [chat therapy with staff doctor of unknown credentials to deal with stress and anxiety and explore gadgets to compensate for brain injury impairments] 2. Continued treatment as per other medical specialties.  [What continued treatment was that, Doc??  Nothing in 7 months but chat with a disgrunteld designated associate of unknown credentials.  Fraud? Or absent-mindedness??]

~~~

[no other medical specialties authorized despite multiple requests; injured worker has skewed sense of time since injury and just patiently waited and waited and waited for proper authorities to authorize requested treatment; injured worker was advised that that worker comp process is slow, so she fed the bunnies while waiting and waiting and waiting….until the Plaintiff’s attorney attempted to coerce acceptance of a ridiculous premature settlement offer, without benefit of evaluations requested by ‘other medical specialties’ and said settlement demanded forfeiture of all future benefits…. and ensured that injured worker would be ‘SLEEEPING UNDER A BRIDGE’ in the foreseeable future unless a widget assembly job could be found.]

wc doc can you see the problem

WYNDHAM, DO YOU HAVE A MANAGEMENT JOB FOR SOMEONE WITH THIS SKILL SET AFTER RTW IS APPROVED?? IS THERE A WIDGET ASSEMBLY DEPARTMENT??!

change windmills and walls

“I’m Injured!! NOT STUPID!!!

stupid you have the right to remain

FRIENDS HELP FRIENDS HOLD CRIMINALS ACCOUNTABLE FOR THEIR ACTIONS….

wc occupy psychiatry lucy

  • Let’s Pow-Wow.   If you have a story, or if you have a have a friend with a story, LET’S SHARE.
  • ~~
  • THIS BLOG INVITES GUEST BLOGGERS. SUBMIT YOUR STORY AND/OR RESOURCES TO LUCYOCCUPY@AOL.COM OR AS A COMMENT BELOW.  ’EVERYBODY KNOWS’ HOW CORRUPT THE USA WORKERS COMP GRAVY TRAIN IS.  IT’S TIME WE START TALKING ABOUT IT….ON THE INFORMATION SUPERHIGHWAY…AND SOCIAL MEDIA.    IF YOU’RE A INDUSTRIAL INJURY SURVIVOR, WE NEED TO HEAR YOUR STORY.

  • between minds and brains
  • INITIAL BLOG FOCUS IS TBI — TRAUMATIC BRAIN INJURY….SURVIVORS.

  • keep posting status changes

We Are The Media Now, So Be It.

the time is always right MLK

PS:

Let’s see if the ACLU and/or the National Lawyer’s Guild will get on board to help protect the American workers from predatory criminal behaviors of those of the Workers Compensation Gravy Trains around the nation.  THIS LAND IS OUR LAND….. and we still have some laws in place.  The Workers Compensation system is NOT BROKEN….IT’S WORKING AS IT IS DESIGNED TO WORK….. LET’S HOLD THE CRIMINALS ACCOUNTABLE, ONE CASE AT A TIME, ONE ADJUSTER AT A TIME, ONE LAWYER AT A TIME, ONE DOCTOR AT A TIME, ONE INFORMATION OFFICER AT A TIME……..  WE ARE THE MEDIA NOW, and for that, WE ARE RESPONSIBLE.

occupy virtually 99 percent

THINK LOCALLY. ACT GLOBALLY. OCCUPY VIRTUALLY.

~~~
Lucy’s friend was told to stop bothering with useless letters of evidence and pleadings to doctors, judges and attorneys and get it that they don’t care, they are above the law, and can and do kill without consequences.  Everybody has Workers Comp horror stories, and most everybody shrugs and says, ‘that’s just how it is”.   The friend was further advised to collect some stories of others with Workers Comp nightmares, and be a vehicle to EMPOWER THE PEOPLE BEING INJURED AND KILLED BY THOSE PROFITING BY THE WORKERS’ COMP POT HOLES.
~~~

LUCY OFFERED TO HELP COLLECT THOSE STORIES AND SHED MORE LIGHT ON THE ISSUES.

The friend experienced a TRAUMATIC BRAIN INJURY, NOT UNLIKE RESULTS OF SCOTT OLSEN, AND NOT UNLIKE THE TBI INJURIES SOLDIERS ARE COMING BACK FROM ‘WAR’ WITH……TO HOMELESSNESS AND FAILED MEDICAL CARE WITHIN THE VA SYSTEM.   C’mon People.

TAKE CARE OF ONE ANOTHER…..

HERE ARE SOME RESOURCES, SHARE YOUR RESOURCES; SUBMIT YOUR STORIES AS A GUEST BLOGGER!  

WE ARE THE MEDIA NOW AND FOR THAT WE ARE RESPONSIBLE.

  1. ASK ABOUT WORKERS COMP GRAVY TRAINS:  FB  PAGE:  https://www.facebook.com/AskAboutWorkersCompGravyTrains
  2. BRAIN INJURIES:  FB PAGE:  https://www.facebook.com/Brain.Injury.Advocate
  3. BRAIN INJURY ADVOCATES:   An Activist’s Go-To Handbook…. the book:  http://braininjuryadvocates.com/  by Susan Hultberg  http://braininjuryadvocates.com/book-back-cover
  4. CALIFORNIA WORKERS’ COMP – How to Take Charge When You’re Injured on the Job – Christopher A. Ball –  http://www.nolo.com/products/california-workers-comp-work.html
  5. Workers’ Compensation in California: A Guidebook for Injured Workers  http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

WE ARE THE MEDIA NOW, AND FOR THAT, WE ARE RESPONSIBLE.

FRIENDS HELP FRIENDS HOLD CRIMINALS ACCOUNTABLE FOR THEIR ACTIONS….

Ask About Workers Comp Gravy Trains. Start with #Wyndham Worldwide and Keep Going…

indian talking stick
Are Wyndham Worldwide employees expendable/throw-away/disposable commodities for Corporate profits ?!!    
“`
If you were injured on the job while working for #Wyndham Worldwide, the world’s ‘largest vacation ownership company’ and have been denied reasonable and appropriate medical care, you are not alone.
~~~
If you are a Wyndham Vacation’s owner, or RCI user, or user of any of their many products, next time you attend a timeshare presentation for a ‘free gift’ …. know that a salesperson may have had to die from lack of medical treatment for an industrial injury for you to receive that gift again and again and again.
~~
This apparently happens in order to keep corporate insurance costs down, to keep ‘on the take’ medical evaluators busy fabricating suspicious medical reports, writing fake pharmaceutical prescriptions and fake charges for time and services,  along with keeping legal teams employed are carefully orchestrated — in order for you to have that opportunity and free gift, in compliance with the WYNDHAM COUNT ON ME employee program.
WC WYN REWARDS
~~~
If you don’t vacation anymore, read on.  If you shop at RALPH’s, that bottled water and organic produce  and other groceries may be coming to you at a good price from their employees dying from denials and delays and postponements of medical care for industrial injuries.  See below for more details on Ralph’s.  Shopping for groceries will never be the same again, nor will vacationing, if you’re human.
~~~
WC RCI

FREE GIFTS AREN’T FREE ….  Neither is FREEDOM.

  • The blithe disregard of it’s legal and ethical obligation to provide medical care to a seriously injured worker is unconscionable and demonstrates a callous indifference to the catastrophic consequences of its delays, inaction and outright neglect of those obligations.
  • Let’s Pow-Wow.   If you have a story, or if you have a have a friend with a story, LET’S SHARE.
  • ~~
  • This blog invites Guest Bloggers. Submit your Story and/or Resources to LucyOccupy@aol.com or as a comment below.  ‘Everybody knows’ how corrupt the USA Workers Comp Gravy Train is.  It’s time we start talking about it….on the Information SuperHighway…and Social Media.    If you’re a industrial injury Survivor, we need to hear your story.  

  • Initial blog focus is TBI — TRAUMATIC BRAIN INJURY….SURVIVORS.

  • If you’re a Perpetrator of the maimings and deaths, expect your ‘1 minute of fame’ on the internet….and hopefully, your day in Court.  

  • “We are the Media Now. EXPECT US.”

what if you realized how powerful you really are

~~~
  • The attorneys and adjusters and doctors handling some of the Wyndham Worldwide Workers Compensation claims evidently ‘WANNA BE FAMOUS’.   Let’s accommodate them.
  • Bad Reputation
    Isn’t it a shame how 99% of the lawyers give the whole profession a bad name.
  • The annual report indicates that the top leadership at Wyndham ‘earn’ millions in annual income.   They are apparently willing to pay insurance company doctors, biased, incompetent in specific clinical issues, thousands and thousands of dollars to fabricate erroneous reports, based on omitted, selective medical records and denied evaluations by doctors with expertise in specific injuries, and use same as weapons of denial of reasonable and appropriate medical evaluations and treatment.
  • Wyndham top leadership is apparently of those willing to LOOK AWAY as injured workers are denied medical care and their lives are destroyed.  Does Wyndham give it’s employees “the TIME SHARE SALUTE”?? with a silent, ‘NEXT!’ ??   So it seems.
  • $4,000 paid to a doctor for a fraudulent report guarantees ‘repeat business’ for the doctor and provides the insurance company with ammunition to deny medical care, and keep the ‘repeat business cycle’ returning for more and more evaluations in the “small circle” of workers comp providers, where ‘everybody knows everybody’.  (That surely sounds like a RICO violation, doesn’t it?)
  • the truth doesnt change
~~~
  • Pleas for help from the Wyndham Worldwide Management staff fall on deaf ears, perhaps to cover up the early faux pax of failures to properly notice regarding alleged MPNs and interference with medical care, causing severe further injuries to workers.
  • Perhaps the silence is due to the failure to have even called for an ambulance on the date of injury and the demand that the worker continue the shift, for the sake of the ‘company bottom line’ and ‘stats’ and then allow the injured worker with a head trauma drive down a snowy mountain road to self-procure medical help from “any doctor who will accept workers comp insurance.”
  • What was YOUR experience in obtaining immediate and continuous medical evaluations and treatment?  How would you rate the doctors you have seen?  Have you filed complaints with the appropriate agencies??
~~~
  • Does the District Attorney need to address YOUR WORKERS COMP CLAIM AND DENIALS OF REASONABLE AND APPROPRIATE MEDICAL CARE??  How long did you wait or have you been waiting for medical care?

  • Never give up, Never Give in.  If you have a friends being maimed and killed by the practices of any providers within the Workers Compensation ‘system’ …. DON’T LET THEM STAND ALONE.
  • take care of each other
  • EXTEND YOUR HAND.  TAKE CARE OF ONE ANOTHER. 21st Century ‘Sonderkommandos’ are lurking everywhere.

  • HOW ONE WYNDHAM WORKERS COMP CASE IS HANDLED:  
  • DIAGNOSES:  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive Sydrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairements, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes BRAIN WORK Reluctantly and hard fought for AUTHORIZED MEDICAL TREATMENT OVER THE COURSE OF approximately 18 months for traumatic brain injury with secondary neck/back/shoulder injuries have included:    14 chiropractic treatments, 17 psychological support sessions, 8 physical therapy treatments.

    ~~

    IS THERE A DOCTOR IN THE HOUSE??  Does this meet ACOEM GUIDELINES OR COMMON SENSE PRACTICES?!!  WOULD YOU BE TRIED AND CONVICTED FOR MALPRACTICE IF THIS WAS YOUR COURSE OF ACTION TO TREAT A BRAIN INJURED PATIENT??  IS THERE A DISTRICT ATTORNEY AVAILABLE TO INVESTIGATE WORKERS COMP FRAUD ALLEGATIONS?? Without fear or caution??

    ~~~

    MEDICAL EVALUATIONS BY:  Orthopedic evaluations were authorized and demanded with 4 different QME Orthopedic Surgeons [FOR A HEAD TRAUMA/BRAIN INJURED WORKER!!].  The injured worker repeated requested a primary treating physician with a brain injury expertise, which was denied, and said denial was supported by the local Workers’ Compensation Information Office.   The insurance company repeatedly refused to authorize MEDICALLY APPROPRIATE, ACCORDING TO ACOEM GUIDELINES, EVALUATIONS AND TREATMENTS for head trauma/brain injury/neck/back/shoulder TREATMENTS ALTHOUGH REPEATEDLY REQUESTED BY TREATING DOCTORS.

    ~

    The insurance company continues to deny medically appropriate treatments, and disputes self-procured medical evaluations from brain experts.

    ~

    The WORK COMP Gravy Train of doctors/providers the injured worker has been SENT to by various ‘authorities’ , (or  was SELF-PROCURED because ‘authorities’ refused to provide reasonable and appropriate medical care) includes evaluations ONLY, no treatment  (other than the stated exceptions below over nearly a year and a half from date of injury)…: 1 chiropractor, 1 neuropsychologist, 3 clinical psychologists, 9 MDS (3 family practice, 5 orthopedic surgeons [for brain injury, d’oh!] 2 neurologists, and others: 1 DC with specialty in functional neurology, 1 accupuncturist, 1 EEG neuro-feedback phD (who provided the only EEG, self-procured, unreimbursed), 1 physiatrist, 1 speech therapist (MA, CCC-LS LSP), 1 physical therapist, 1 optometrist, 1 neuro-optometrist, 1 vocational rehabilitation vision specialist, 1 doctor of unknown credentials who repeated tests taken within 30 days, causing ‘practice effect’ in results, and 1 forensic psychiatrist.

    pharma kills antidepressants may cause

    All of the doctors provided timely and relatively accurate reports, with some extreme exceptions, requesting a variety of medically necessary treatments, EXCEPT FOR  SEVERAL DOCTORS with the STATE QME DESIGNATION.  The Neurologist, Forensic Psychiatrist, and Clinical Psychologist WHO DETERMINED THERE WAS EITHER NO INDUSTRIAL INJURY, OR A MIRACULOUS SPONTANEOUS HEALING after receiving a threatening letter from the defense counsel, or a MIRACULOUS SPONTANEOUS HEALING AS A RESULT OF SELF-PROCURED APPROPRIATE MEDICAL CARE WHICH COST THE INJURED WORKER APPROXIMATELY $10,000.00.  The three most dangerous “QME” designated evaluating  providers opined, without scientific evidence and with slight physical evaluation, that there was or had been NO SIGNIFICANT HEAD TRAUMA, NO CONSEQUENCES OF TBI, CONCUSSION, OR ANY OF THEIR COLLEAGUES’ STATED DIAGNOSIS.

    SOMEBODY IS COMMITING FRAUD!!!  IS IT THE QME CROWD, OR THE DOCTORS WHO ATTEMPTED TO PROVIDED LEGITIMATE, REASONABLE, APPROPRIATE AND MEDICALLY NECESSARY MEDICAL TREATMENTS AND FURTHER EVALUATIONS???

    Exasperated with the sheer evil of the denials of medical care, the injured worker advised defense counsel and insurance company adjuster, in writing, that TBI is known to shorten life-span by 7-8 years, WHEN TREATED, as the brain regulated all body systems.  WITHOUT CARE, THE INJURED WORKER’S LIFE SPAN CONTINUES TO BE DIMINISHED.  The injured worker further advised that the defense counsel and insurance company adjuster and their firms would most assuredly be named for the CAUSE OF DEATH on the INJURED WORKER’S DEATH CERTIFICATE, sooner rather than later.   The injured worker also cited case law indicating, from the Ralph’s case, that insurance company and corporate liability does not end with death of the worker, so be prepared.

    DENIED EVALUATIONS AND TREATMENTS INCLUDE BUT ARE NOT LIMITED TO and are convoluted further due to defense counsel’s apparently willful, malicious omission of medical records to skew, confuse and defraud in order to deny, delay, postpone medical treatments (or just real bad record keeping and tracking):

    ~   DENIED:

    EEG, EEG Neurofeedback, Speech Therapy with Cognitive Remediation, MRI-BRAIN, NECK, BACK (neck authorized approximately 15 months after injury, IW self-procured Brain MRI, Back MRI still pending, Shoulder MRI reluctantly authorized approximately 17 months after injuries), Functional Neurology Assessment and Treatment, Physiatrist Assessment and Treatment, Neuro-Vision Optometry Evaluation and Treatment, Neurologist Consult competent to evaluate the specific clinical issues involved, and where these services are within the scope of the physician’s practice), Occupational Vision Therapy, Physiotherapy/PT (reluctantly authorized approximately 15 months after injury)

  • One of Wyndham’s ‘approved’ neurologists insists that proper treatment of TBI, traumatic brain injury, is best handled with ‘over the counter analgesics’.  The football crowd would probably cringe at that treatment plan, don’t you think?  Even the ‘school nurse’ would have to cringe.  Said doctor is not trained in the USA, which could account for the bizarre recommendation and lack of professional expertise.
  • brain concussions football
  • The same neurologist finds it hard to grasp that vision is a function of the brain, not the eyes, and has the same challenge with other functions, including speech and memory.
  • 19006204-occipital-lobe--female-brain-anatomy-lateral-view
  • Another of their revered neurologists believes that concussions are best treated immediately with liver-killing epilepsy medications, prior to any diagnostic testing whatsoever.
  • One of their forensic psychiatrists opines that anger over no reasonable or appropriate medical treatment over 17 months is due to “maladjustment” personality issues and further opines that because injured worker is unable to remember if/for how long there was a loss of consciousness at the initial fall there was no loss of consciousness at the first or ‘second impact’ trauma.
  • anger managment and stupid people
  • This same doctor alleges injured worker ‘burns pets and peeves’ rather than’ pots and pans’due to memory losses, and is therefore maladjusted.  Said doctor alleges in a $4,000 report that he spent 7 hours with injured worker when in fact he spent approximately 1 hour, and delegated the balance of the ‘forensic investigation’ to some other kind of doctor, probably with a lower billing fee.  If the said report was not so life-threatening, it is ridiculous enough to be almost funny.
  • doctor strike
  • One of their orthopedic surgeons,  of the 5 orthopedic surgeons the injured worker was sent to for brain injury, believes brain injuries are best treated with expensive ‘at home’ ultra sound wands at a billed cost of approximately $1500, without instructions.  Should injured worker apply to frontal and parietal lobes and leave out the occipital lobe or include?
  • One of their clinical psychologists believes and recommends that impaired speech and loss of executive functions are best remedied by ‘accommodations’ to encourage no-vocational rehabilitation to enable said head-injured worker to return to work as a greeter, or seek employment at a place like CHINA DIRECT.
  • wc occupy psychiatry
  • A clinical psychologist with a failed plan of recommended treatment gave up requesting treatment early on, and once the defense counsel sent a threatening letter for an alleged delay in a progress report, the report curve went from TTD, TTD, TTD, TTD (still no authorized treatment other than chat-time with an associate of unknown credentials to learn tricks to mask and cope with brain injuries) TTD TTD (upon receipt of threatening letter from Defense, perhaps putting QME designation at risk,, with no treatment, the report magically transformed to RTW WITH ACCOMMODATIONS AS A GREETER OR CLERK since injured worker can’t follow directions, has memory loss, is easily distractible, and quite angry at failure to receive appropriate and requested medical care authorization.  “Should see a psychologist after work”.    (TTD=temporarily totally disabled)  (RTW = return to work)  0.0
  • A drug and/or alcohol test was probably in order for THAT doctor, as it was amongst the more incoherent fabricated reports.
  • medicine
  • The Defense attorney has a habitual pattern of omitting medical records, thereby obtaining skewed reports, used to deny legitimate and appropriate medical evaluations, and thereby eventually deem the injured worker a ‘doctor shopper’ and totally healed, if there ever was injury at all.
  • (Injured Worker disbelieved that doctors can bought, but evidently, it is a common practice in the WC realms, as identified by the forensic psychiatrist, with apparent first hand-knowledge and experience.)
  • The practice ‘smacks of fraud’ but injured worker’s counsel could not read a simple list of ‘missing records’ and determined the injured worker had ‘severe psychological issues’ demanding immediate treatment (which had been denied repeatedly) but the lawyer’s diagnosis was ‘delusion regarding conspiracies to omit records’ and proceeded to throw injured worker ‘under the bus’ in order to expedite a quick settlement without dealing with medical diagnosis or treatment and other details required for recovery.
  • Injured worker responded with a picture and a few words to all whom the matters concerned:
  • under the bus
  • Reimbursements for self-procured medical care and medical miles are mandated to be paid within reasonable periods of time, yet the defense attorney and insurance adjuster claim they have not received requests for  thousands and thousands of dollars, sent more than a half-dozen times, certified, regular, priority mail, with and without proof of service.   They  always close those discussions with ‘the check is in the mail’ (but subject to severe penalties, if injured worker can ever get past the WC Information Officer in front of a Judge).
  • chiropractic vs medicine
  • The crowd of ‘doctors’ with the WC Gravy Train designation of QME – Qualified Medical Examiner– seem to be the most outrageously compensated and of dubious credentials and competencies (and citizenship).  Perhaps the DA’s offices would find it beneficial to commence rigorous investigations with all QME designated doctors.  The good ones will stand out, the bad ones will stand out even more.
  • pharmaceuticals
  • Wyndham’s ‘people’  apparently frown on any treatment recommendations by licensed self-procured physicians who are competent to evaluate the specific clinical issues involved in the medical treatment services.  While it is a violation of law, the same insurance company adjusters wildly delay and deny reasonable and appropriate medical treatment for months and months and months, in spite of the fact that  the law precludes non-physicians from modifying, delaying or denying such expert competent treatment requests and recommendations.
    • Section 4610(e) provides “NO PERSON OTHER THAN A LICENSED PHYSICIAN WHO IS COMPETENT TO EVALUATE THE SPECIFIC CLINICAL ISSUES INVOLVED IN THE MEDICAL TREATMENT SERVICES, AND WHERE THESE SERVICES ARE WITHIN THE SCOPE OF THE PHYSICIAN’S PRACTICE, REQUESTED BY THE PHYSICIAN MAY MODIFY, DELAY, OR DENY REQUESTS FOR AUTHORIZATION FOR MEDICAL TREATMENT FOR REASONS OF MEDICAL NECESSITY TO CURE OR RELIEVE.”
Who are the WORKERS COMP GRAVY TRAIN RIDERS??
Who are the WORKERS COMP GRAVY TRAIN RIDERS??
~~~

“CHOOSING YOUR ATTORNEY” or representing yourself IS FOR A FUTURE BLOG…..WHO HAS STORIES OR SHOULD WE SIMPLY SIMPLIFY AND ASK….WHO HAS LAWYER JOKES WITH A WORKER COMP TWIST?!!

sue the doctors

Lucy Occupy and Friends are working on a project to expose and expunge some of the insurance company administrators, defense attorneys, doctors (trained inside and outside of the USA, with questionable credentials), Applicant-lawyers, third party providers and others of the Workers Compensation System that are profiting while maiming and killing workers around the USA with blithe disregard of legal and ethical obligations to provide medical care to injured workers.  It is said that it’s nearly impossible to find a ‘good, competent Applicant attorney’ since the money is on the Dark Side/the Defense Side, being paid to facilitate maiming and killing injured workers, protecting interests of the corporate giants.  Remember David and Goliath.  Remember, we do not….Forget.

~~~
“Wyndham Worldwide has a COUNT ON ME program for employees. Travel/Leisure .  We will be the global leader in travel accommodations welcoming our guests to iconic brands and vacation destinations through our signature Count On Me! service.
~~~

WE ARE THE MEDIA NOW, and for that, WE ARE RESPONSIBLE.

Share via mail directly at LucyOccupy@aol.com and/or see the FB Wall:  ASK ABOUT THE WORKERS COMP GRAVY TRAINS. https://www.facebook.com/AskAboutWorkersCompGravyTrains.
See details there on the  Ask About Workers Comp Gravy Trains  FB PAGE as to what one group of “Applicant Lawyers” in central California has done to ‘take on’ the system in California that is killing US Workers ….. asking for indictments for the murder caused by the insurance company denials and postponements of medical care by another major employer, THE KROGER COMPANY DBA RALPH’S GROCERY COMPANY.  
  •  This seems to be a pattern of behavior and conduct by the ‘big employers’ and as indicated below, Ralphs Grocery Company has apparently caused the death of at least one of their workers, and at least a crowd of Applicant Attorney’s has taken the matter directly to the District Attorney for criminal indictments against the insurance adjuster and company.
~~~
Ralphs is a major supermarket chain in the Southern California area and the largest subsidiary of Cincinnati-based Kroger. It is the oldest such chain west of the Mississippi River. Ralphs also operates stores under the Food 4 Less and Foods Co. names in California.
 ~~~
 
Capture WYNDHAM AND RALPHS  JUNE 2013
These failures by Wyndham Worldwide, by Ralphs, and by YOUR Employer to provide immediate, appropriate and reasonable medical care are in absolute defiance of laws aimed to protect injured workers in America.  The acts are unconscionable and demonstrate a callous indifference to the often catastrophic consequences of  delays, inaction and outright neglect as managed with layers of protection by their defense counsel and insurance providers.
Ask About Workers Comp Gravy Trains   June 21  “Workers’ compensation attorneys rally on behalf of late client Activists opposed to workers’ compensation reform legislation known as Senate Bill 899, passed by former governor Arnold Schwarzenegger, are accusing a workers’ compensation insurance company of causing a patient’s death. They took their complaint to the Ventura County District Attorney’s office Thursday. … Attorney Jill Singer said a Ralph’s Grocery store worker named Charles Romano injured his back and shoulder on the job in 2003.”  http://www.keyt.com/news/workers-compensation-attorneys-rally-on-behalf-of-late-client/-/17671600/20654910/-/n1ibqxz/-/index.html

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Group Wants VC DA To Probe Workers Comp Death A group of attorneys who advocate for workers compensation applicants is asking the Ventura County District Attorney’s Office to launch a criminal investigation into a case involving a Camarillo Ralph’s supermarket employee who died from complications born out of an “on the job” injury. http://www.kvta.com/news , 06/21/2013
~~~

Ask About Workers Comp Gravy Trains  mic check: ‘Why is it not criminal when workers’ compensation insurance companies kill patients through delay denial’??  https://www.facebook.com/notes/lucy-occupy/mic-check-why-is-it-not-criminal-when-workers-compensation-insurance-companies-k/591994640835449

~~~

 
The offices of District Attorneys have been provided millions of dollars for fiscal year 2014, at least in California, to ‘fight workers compensation fraud’ and they must be called into immediate action to address the fraud taking place by doctors, lawyers, insurance companies on behalf of Global Companies, the “Employers” such as WYNDHAM WORLDWIDE.  
~~~
Lucy placed a couple of calls and they must be very busy, as her calls have not yet been returned.  Some DA sites indicate they are fully cognizant of ‘rings’ of racketeering doctors using the Workers Compensation vehicles in violation of RICO laws, and that many of said rings come from ‘outside’ national boundaries….yes, the doctors.
373904_108997595883860_100003208595731_54447_1057147537_n   organized crime
 ~~~
Let’s blog about it.  LET’S INQUIRE OF THE BAR ASSOCIATION ABOUT HOW THEY ALLOW THE CRIMES TO CONTINUE and do no internal policing nor do they apparently have any requirements for continuing education or specialization education.  Some people say there are ‘no good workers compensation appplicant attorneys’ since THE MONEY IS ON THE DEFENSE SIDE. 
~~~sue the doctors
Let’s see if the ACLU and/or the National Lawyer’s Guild will get on board to help protect the American workers from predatory criminal behaviors of those of the Workers Compensation Gravy Trains around the nation.  THIS LAND IS OUR LAND….. and we still have some laws in place.  The Workers Compensation system is NOT BROKEN….IT’S WORKING AS IT IS DESIGNED TO WORK….. LET’S HOLD THE CRIMINALS ACCOUNTABLE, ONE CASE AT A TIME, ONE ADJUSTER AT A TIME, ONE LAWYER AT A TIME, ONE DOCTOR AT A TIME, ONE INFORMATION OFFICER AT A TIME……..  WE ARE THE MEDIA NOW, and for that, WE ARE RESPONSIBLE.
occupy virtually 99 percent

THINK LOCALLY. ACT GLOBALLY. OCCUPY VIRTUALLY.

~~~
Lucy’s friend was told to stop bothering with useless letters of evidence and pleadings to doctors, judges and attorneys and get it that they don’t care, they are above the law, and can and do kill without consequences.  Everybody has Workers Comp horror stories, and most everybody shrugs and says, ‘that’s just how it is”.   The friend was further advised to collect some stories of others with Workers Comp nightmares, and be a vehicle to EMPOWER THE PEOPLE BEING INJURED AND KILLED BY THOSE PROFITING BY THE WORKERS’ COMP POT HOLES.
~~~

LUCY OFFERED TO HELP COLLECT THOSE STORIES AND SHED MORE LIGHT ON THE ISSUES.

The friend experienced a TRAUMATIC BRAIN INJURY, NOT UNLIKE RESULTS OF SCOTT OLSEN, AND NOT UNLIKE THE TBI INJURIES SOLDIERS ARE COMING BACK FROM ‘WAR’ WITH……TO HOMELESSNESS AND FAILED MEDICAL CARE WITHIN THE VA SYSTEM.   C’mon People.

TAKE CARE OF ONE ANOTHER….. TILL LAST GASPS.

lucy20therapist
 
Several individual leaders of Wyndham ‘earns’ millions of dollars annual income.  Doctors within the Workers Compensation systems and aligned with Insurance objectives, are paid huge fees to write inaccurate (at best) medical opinions based on fabrications and omissions of facts, in evidenced efforts to delay, postpone and minimize medical treatments, while building ‘mill-type- medical practices that offer non-legitimate repetitive ‘evaluations’ without benefit of reasonable and appropriate treatments.
 
“OCCUPY WYNDHAM – VIRTUALLY”
 
LUCY OCCUPY answered a question 30 minutes ago Wha - 439249702753572

WE ARE THE MEDIA NOW….. MORE FOLLOWS…. AND REMEMBER, ENERGY FOLLOWS THOUGHT…..  We do not…FORGET. If you have resources to share, be sensible and share sensibly on the walls. Remember, they are a dangerous crowd, interested in profits at any cost, including your lives. world is a dangerous placeeinstein SO WHAT DO YOU DO for the worldBRAIN WORKthe light at the end of the tunnel is a train

Here are some resources, share your resources; share your stories as a guest blogger!  

WE ARE THE MEDIA NOW and for that WE ARE RESPONSIBLE.

  1. ASK ABOUT WORKERS COMP GRAVY TRAINS:  FB  PAGE:  https://www.facebook.com/AskAboutWorkersCompGravyTrains
  2. BRAIN INJURIES:  FB PAGE:  https://www.facebook.com/Brain.Injury.Advocate
  3. BRAIN INJURY ADVOCATES:   An Activist’s Go-To Handbook…. the book:  http://braininjuryadvocates.com/  by Susan Hultberg  http://braininjuryadvocates.com/book-back-cover
  4. CALIFORNIA WORKERS’ COMP – How to Take Charge When You’re Injured on the Job – Christopher A. Ball –  http://www.nolo.com/products/california-workers-comp-work.html
  5. Workers’ Compensation in California: A Guidebook for Injured Workers  http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

WE ARE THE MEDIA NOW, AND FOR THAT, WE ARE RESPONSIBLE.

FRIENDS HELP FRIENDS HOLD CRIMINALS ACCOUNTABLE FOR THEIR ACTIONS….

EVEN IF THEIR SCHOOL’N SAYS DOCTOR, LAWYER, PSYCHOPATH OR UNDERTAKER.

wake up moment for psychopaths

SHARE YOUR STORY!!   http://ASKABOUTWORKERSCOMPGRAVYTRAINS.COM/

what if you realized how powerful you really are

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