Thank you for taking the time to send your thoughts, posts and/or blogs about my efforts, disappointing as your input is.
Excerpt: “You may as well just dig a hole and hide because no one is going to pay attention. [to you]”
SOMETHING IS TERRIBLY WRONG WITH THE WORKERS’ COMPENSATION SYSTEM, ISN’T IT?
“…why not study the system, study the law, the regulations, and PROPOSE solutions that a politician or regulator can endorse and work with?”
Why not rely on the Constitution of the United States of America to protect Injured Workers being violently abused, maimed, tortured and killed by the crisis of WorkComp hyper-corruption??
The answer to that is quite simple. THERE ARE TOO MANY UNCLEAN HANDS ON THAT BATTLE FIELD, and they don’t follow the rules of war.
We’ll leave the legal battles to those equipped to fight those fights for indictments for crimes against humanity, and complicity of same.
I’m deeply disappointed by your attacks because I know you know the truth. I doubt that you would send such a communication if I was not a woman, an older, disabled woman at that! I remember men talking to women like that in the 70’s. We had a revolution, remember?
To attack and demean me is what it is. I tell injured workers all the time that NOBODY WILL RISK THEIR INCOME FOR OUR LIVES, and that the sooner they get that, the greater chance they have for survival.
I have painstakingly attempted to ‘rebrand’ and to put action ideas around every item I have identified — to know avail.
I submitted 22 ideas for the fake National Work Comp Discussions,
I laboriously promoted the Sedgwick Institute – LinkedIn group all over social media,
I invited my ‘a-list’ contacts directly, I communicated politely and directly with the Sedgwick people.
I was probably one of the most active ‘fans’ for CompLaude 2014 and 2015 and
I racked my brain to come up with numerous nominees.
I diligently and respectfully promoted nominations be made for the industry “Best Blogs of 2016” contest via blogs, posts, and other social media, and emails.
I created a page for Injured Workers and Industry Workers Resource Page, freely sharing contact information about a wealth of resources, inviting others to add to it, and have repeatedly and continuously encouraged Injured Workers to blog to save their own lives.
I have created social media groups and pages, and I have posted in multiple groups and pages on behalf of Injured Workers.
I BLOG, THEREFORE I AM A WORKCOMP SURVIVOR.
I have suggested outcome studies of same body part injuries to Injured Workers and Personal Injury patients….suggesting it will absolutely expose the wrong doings and disabilities caused by WorkComp. The costs are then shifted to Social Security and Medicare after lengthy fights, relieving your industry of any risks or responsibilities whatsoever, passing everything through to taxpayers and the injured workers, with profits fronted by the duped employers who purchase policies for protection that are hardly worth the paper they are written on, when it comes to fiduciary responsibilities.
The injured worker questionnaire I have circulated has brought in some chilling horror stories. Here, take a look again.
Watch for it. You’ll be reading about them soon enough. The majority of Injured Workers are so terrified of the mobster-type activities that permeate your industry, they have shared on an anonymous basis. I have found an editor who will help me ensure they are protected in the anonymous tellings. In such a manner, these “complaints” or “problem identifications” can then be discussed in the national community. Perhaps mediations will result for these specific cases, leading the way for others. The offending carriers and employers will likely be identified in the telling, but not attached to the specific stories, in order to provide a degree of protection. I hope the Department of Justice will find the efforts worth reading, since the industry considers such stories ‘drivel.’
Here’s the questionnaire again, if you never looked. What’s Your WorkComp Story?https://myworkcompcoach.com/whats-your-workcomp-story/ The editor I hope to retain has promised to help develop and refine further questions. As you know, I have a brain injury, so some cognitive challenges are beyond my post-injury capacity. I do the best I can with the abilities I have left. They didn’t label me ‘permanently disabled’ just for fun, in case you have forgotten. “I’m injured, not stupid.”
When I am chided for being non-supportive of a program that ‘gives food to poor injured workers’ –WORKERS destroyed by workers compensation corruption, I must wonder about the money behind bringing such a program to the USA and wonder further at the audacity to accept the need for such handouts in America when there are laws in place to protect injured workers, scoffed at by your industry and the politicians it leases/owns.
When a set of industry blog contest-judges cannot find one word to say about any of the nominated Injured Worker blogs by Americans — something sounds pretty suspicious, doesn’t it, and quite unpatriotic. That they were shunned because they criticize the industry realllly sounds suspicious, doesn’t it? It took a troll attack on an Injured Worker to get that ‘committee chair’ to even comment on Injured Worker nominations, albeit insultingly so?
We still have a Bill of Rights, don’t we?
I think it’s far more patriotic to deal the CAUSE, knowing EFFECTS will take care of themselves.
RESOLVE THE PROBLEM and INDICT THOSE COMMITTING THE CRIMES CAUSING INJURED WORKERS TO BECOME JOBLESS, HOMELESS, AND FOODLESS, IN BAD HEALTH. To refuse to deal with the core issues is, in my humble opinion, getting to the heart of the issues of your industry. The DA’s can’t bust the crime rings with the millions of dollars allocated? Fine. Send in the National Guard to take over their duties. When, for example, Evaluating Doctor crowds have direct lines to the offices of the District Attorneys to provide to complaining injured workers, WE MAY HAVE A PROBLEM, HOUSTON!
The nuclear industry has a similar style of propaganda and disinformation, deployed by their disinformationists. It’s fascinating and very easy to discern.
I agree with you on one point. “A complaint without a solution is bullsh*t.”
What other complaints do you have about my methods of increasing awareness of the crisis of hyper– corruption in the WorkComp communities?
Every doctor, lawyer, judge and provider knows full well that EVERY WORK COMP STORY IS THE SAME —- Just different names, body parts and case numbers.
Outcomes are usually dismally the same. Denied medical care, compounded injuries, denied benefits, lost health, lost jobs, lost homes, lost lives.
Nobody goes to jail for fraud, corruption, attempted murder, obstructions of justice or collusion.
The Angels of Death doctors owned/leased by the industry are well paid, and decent doctors are cheated of agreed on fees.
How many lives have been destroyed by Workers Compensation to date?
How many more lives will be destroyed before your industry is stopped and held accountable for so many crimes??
I PROPOSE TO FIND THE WAYS AND MEANS TO HELP FREE THE PRISONERS OF THE WAR ON WORKERS IN AMERICA, FOR STARTERS.
Mediators and Structured Settlement teams, for Injured Workers, armed and trained in blogging and social media maximum impact and investigative reporting is a first step for Virtual Combat and Survival.
I have written at length on many possible strategic solutions. Encouraging Committees of Bloggers and breaking the silence on the dirty OPEN SECRETS OF WORK COMP has always been one of my aims. I am happy to report many calls and emails of thanks from injured workers who find hope and strength in my writings.
As long as your industry feels above the law and protected, it’s an uphill battle.
ProPublica and NPR shined some light on the issues, but only the tip of the iceberg. It is obvious that the industry is attempting damage control from the fallout of the Insult to Injury Demolition of Workers Compensation investigative reports and the Congressional response, which, you may recall, offered to send in law enforcement help, if needed. When I say, “Yes, please, SEND IN THE NATIONAL GUARD” it is not said without foundation.
For you and your peers to take pot shots at the very few Injured Workers willing to stand up and say, “Yo! Guys! WTF do you think you are doing and WTF do you think you are maiming and killing people in the USA for profits could be easily classified as truly reprehensible?!! NOT IN THIS COUNTRY, M*F*s!!”
If believing in the Constitution of the United States of America makes me a ‘militant’ in your opinion, well, all I can suggest is that you might take a look at Constitutional law one of these days.
The position of your industry of for-profit aggressive maiming, torture and killing of unarmed and disabled populations, young and old, primarily female, in a systematic program of extermination seems to be the more extreme stand. Just saying. It takes most injured workers approximately 2 years to grasp the harsh realities; some never get it and cling to the results of Stockholm Syndrome and their necessary opiates, due to failed surgeries and denied corrective surgeries…FOR YEARS.
I am working on creating an eCourse: WorkComp Survival and Virtual Combat Skills to help injured workers and people of goodwill in the workcomp industry to fight the good fight to save lives, free the prisoners.
Many hope and pray for indictments of the most heinous of the serial killers in your industry, without wasting a minute on fighting windmills. That is unlikely to happen in my lifetime or yours, but working together, lives could be saved….. just like some people were spared the horrors of Auschwitz and other death chambers. It will take longer without your help, but be assured, that the War Your Industry has declared and continues to wage on Injured Workers will not go unfought.
Your industry has made it’s position clear. Injured Workers suspected that May would bring a huge propaganda blitz, more than a year in the makings, to attempt damage control and profit saving due to the truths exposed in Insult to Injury: THE DEMOLITION OF WORKERS COMPENSATION.
Do you consider the award winning work of Grabell, Berkes et al as “mere complaining” or as some like to say, “drivel” when the industry issues are elevated? Not comparing my exposes to the power behind ProPublica and NPR…. I just have my little disability checks to fund my efforts with, not huge corporate benefactors. like y’all do.
I even suggested to the Sedgwick fellas about a National Telesummit series, to get issues on the virtual table for discussion by not only professionals, but by those across the nation, most egregiously harmed by the patterns and practices of Workers Compensation.
Alrighty. Your position is clear. I hope mine is, too.
As always, many thanks for all your kindness over the years. I wish you could find a way to multiply those efforts and help more injured workers escape and survive the horrors of Workers Extermination Programs.
Maybe instead of the “Blame Game” for national discussions, the “Thought Leaders” may lead a round of the “Glad Game.”‘
While the final suggestion was that I re-read “How to Win Friends and Influence People”…. in a spirit of reciprocity, I would suggest that you start a study group of the book, THE ART OF WAR by Sun Tzu, to address the CRISES OF HYPER-CORRUPTION DESTROYING THE AMERICAN WORKING CLASS. As you all know and boast about, what goes on in WorkComp is NOT A SECRET. Ask any doctor or super lawyer, huh? Or any injured worker.
Is this a legitimate RETURN TO WORK process and program??
“Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.
In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.
We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise…… [see the rest below] “
How’s that working for YOU? OBFUSCATIONS! VIOLATIONS! DECEPTIONS! DELAYS since 2012!!
What would Liz Ryan of Human Workplace say/do? D’oh!
From: lindaayres <email@example.com>
To: LINDAAYRES <LINDAAYRES@AOL.COM>
Sent: Fri, Jul 10, 2015 9:52 am
Subject: Linda Ayres – Return to Work – Interactive Process, FEHA, ADA Coastline ABI Program and more
To: Tina Jordan, HR Regional Director and Michael Dougherty, National Risk Manager and WVO Leave Support Staff
cc: Supplemental People / Stakeholders / Injured Workers / WorkComp Industry Experts and Profiteers
Attached please find requests for employee discounts at the Costa Mesa property for the Fall Session of the Coastline Acquired Brain Injury program.
This will apparently prevent further loss of time and further harm and interference with care to me, while you figure out or develop a legitimate Return To Work policy for Wyndham Worldwide.
The dates for required lodging to continue participation in the Coastline Acquired Brain Injury Program are for 8/23-8/27; 8/30-9/3; 9/7-9/10, 9/13-9/17, 9/20-9/24; 9/27 – 10/1; 10/4-10/8; 10/11 – 10/15; 10/18- 10/22; 10/25 – 10/29; 11/1 – 11/5; 11/8 – 11/12; 11/8 – 11/12; 11/15-11/19; 11/22 – 11/25; 11/29-12-3; 12/6 – 12/10.
Please return them, signed, by or before 7/14/15 so that I can register for the fall program, knowing I have a place to stay.
Please send me your proposal for return to work based on all evidence in so far, and I will reschedule meetings to discuss medical release with my doctor(s). Because I did not have the information, this week’s meetings with my interdisciplinary team were essentially wasted, other than the encouragement to seek employment law legal counsel to KNOW MY RIGHTS.
Sadly, due to Wyndham refusals to meet with me in interactive process (requested meeting since May 2015) and Wyndham refusal to provide training information for discussions treatment team this month, please simply extend my accommodations request for continued leave through December 11, 2015. This further extension will provide time during which time the following can be accomplished:
Wyndham can provide a TRIAL Return to Workproposal and offer, based on all known evidence, Upon graduation from the first year at Coastline ABI Program, it is highly possible that I may be able to return to work with minimal accommodations. During the Fall session, because part of the intention of Coastline is to help people with brain injuries return to work or community service, an accommodation plan for Wyndham to consider would be a split week (after the 2-4 week sales training). Attending Coastline on Mon Tue, or Tue Wed with 3 days (for example, Fri, Sat, Sun) to transition back to full time work would be a consideration, starting in late summer/early fall, to be determined.
Reassignment to a new position such as VLO, or a new position that can be done virtually, such as assisting with development of a legitimate Return to Work Program in every state, starting in California (then perhaps Florida, another Wyndam hot-spot for WorkComp violations);
As I have repeatedly suggested, perhaps a position could be created for me to function as an Advocate for Injured Workers or to head a team to seek a change of providers for the failed CNA insurance WorkComp coverage, irregardless of what Board Members and/or other staff may have conflicts of interest in keeping CNA. That is another issue altogether, isn’t it?
Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
New private neurologist seems quite alarmed that CNA refused to have the April 2014 EEG further evaluated with medical evidence, as recommended by their neuro-consult doctor. Several more EEGs and possibly MRI’s are being scheduled
Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
Submit new and past due reimbursements requests to CNA and WCAB Audit Unit with complaints re CNA failures to make payments of estimated permanent disabilities (should have commenced last year). I have spent more than $43,000 to survive the Wyndham WorkComp program.
The additional time will also give defense time to organize and correct the mistakes and omissions on their version of the medical index prior to any further evaluations. While defense insists that, apparently, because I have not died from lack of medical care, and because I have not become homeless because of failures to provide disaiblity benefits in compliance with law and the insurance policy, that mediation for the work comp case is premature, as they know, the employment law issues are outside of work comp. I believe Grancell has an employment law division and they will most likely be happy to engage in a lawsuit that may cost Wyndham Worldwide hundreds of thousands of dollars in legal fees to defend. Maybe that’s covered in the policy as well, so no real risk to Wyndham, just more money for Grancell. Not my problem.
Update complaints to DOI and FBI
Update information ot the media, social and mainstream
As you know, Social Security Disability Hearing finds me chronically and permanently disabled, gives little weight to the reports of AME/QME doctors of 2013, as they ‘did not have sufficient evidence’ and it is certain that a legitimate WorkComp Judge would find the same, if not finding pure felony fraud of those reports. Social Security gives an injured work an option for Trial Return to Work. In light of this week’s Wyndham shenanigans, and the pending additional false reports Grancell apparently hopes to obtain while further churning the files, completing Coastline ABI Program through December 2015 seems to be the most streamline accommodation, with a plan in place to resume a TRIAL RETURN TO WORK at that time, assuming medical release.
A “structured day” is critical to someone with a brain injury, so while Wyndham, CNA and Grancell diddle further, continuation at the ABI program is essential for my overall health and progress. I have no reason to believe you will act in good faith now, as it has not been your practice yet. Remember, you both have failed to intervene in helping me get medical care or disability benefits since the date of injury. Remember, there was no ‘proper notice of MPN’ and there was no offer for a ride to medical care on the date of the incident, there have been no get well wishes, and there has only been harm and permanent disability due to the non-existence of a WorkComp program at Wyndham Worldwide/WorldMark by Wyndham. Great benefits if you’re not injured; total devastation if you are. One day, you may also get to experience it. Your knowledge will not protect you, either. You’re pawns in the bigger game of THEIR PROFITS. One day you may see that, and have some remorse for the harm you have done to me, and who knows how many others. That may be a ‘pearly gates’ accountability for you, but you will be held accountable, as we all are, for all of our actions. That’s just how life works. There are no free lunches, and no free gifts!
While one doctor had indicated that attempting the summer training sessions would be telling as to my cognitive capacity and stamina, your delays and refusals to provide information and to meet in interactive proces, make the summer session (during Coastline break) an impossibility now. I didn’t get the Oceanside and Anaheim dates until after my meetings, so I was unable to discuss with the professionals. Also, since you previously advised that lodging is not provided to trainees, since there are no trainings happening in Indio, we will probably have to wait until such time. Please please keep me posted as to the next Indio training sessions, so that it can be incorporated into a return to work plan/transition from Coastline ABI program plan.
I have no idea why you refused to provide the dates so they could be discussed with people trying to help me return to work. I could have asked the doctors and professors on an opinion to request to be in the Oceanside training, if lodging was included. As it stands, they seem as horrified as I am by the continued patterns of harm and bad faith, and they seem to think it is a hostile workplace, and a severe danger for me. That’s based on what I have told them about my experiences trying to get medical care, and aborted attempts since 2012 to return to work. My deductive reasoning is still a bit off, so I must defer to friends and professionals who suggest that Wyndham means only further harm to me. I don’t want to believe that.
It is incumbent on Wyndham , as previously requested, to provide a proposal for return to work with known requested accommodations. All of my requests have apparently been unsuccessful in facilitating interactive process. WVO Leave Support also refused to correct the mis-statements of the existing leave extension. Please send me a proposal for return to work incorporating all previous communications and this one. Upon receipt of your proposal, I will make fresh appointments to discuss a Wyndham RTW proposal with professionals who can offer counsel.
As you know, time is of the essence and any accommodations requests for a transition plan from Coastline back to work must be submitted with Fall Registration by 7/15/15. It was in that regard that I needed the information for my meetings this week with professionals, to determine what, if any, accommodations to request. Then, you and I were to meet after those meetings. We tried to schedule a meeting, which I first requested when vouchers were submitted for the Summer Coastline ABI program. So, your statements that you remain willing to meet while you refuse again to meet, are baffling, indeed, and clearly false evidence appearing real. That was your same pattern of practice last year, when the Scripps Occupational Therapy Department Supervisor attempted to coordinate a meeting to commence the interactive proces.
If you are relying on Grancell’s staff for ADA compliance information, as a Shareholder, I must insist you seek outside counsel for compliance, and as a shareholder, I must insist that you and Michael Doughterty and other stakeholders demand an outside claim audit of the gross mishandling of my case, internally and externally.
Thank you for your email of last night indicating “… we remain willing to meet with you at a mutually agreeable time and place”. Looks nice on paper, but your words are not congruent with your actions.
For several weeks now I had been attempting to secure an appointment with you to engage in interactive process to plan return to work (as requested most recently as far back as May 2015). While my treatment team was astonished at your email requesting to meet in session with the doctor and me, and your refusal to provide any preliminary information, as I repeated requested, I needed information from you regarding dates of the upcoming training sessions for a Wednesday 8 am meeting at Coastline and a Thursday morning meeting in Palm Springs.
Once I advised you that I have been encouraged to seek legal counsel with an employment lawyer regarding my legal rights, you finally provided the dates of the next couple of training sessions, AFTER MY MEETINGS. I will not see the doctor again for a few weeks, and we will explore the possibilities further.
As Wyndham has all the medical information and doctor reports from WorkComp doctors necessary and pages of my requests and proposals, including the spreadhsheet I did of IF THS/THEN THAT scenarios, and I have even provided you with JANN.org and SCRIPPS Brain Injury Day Treatment Center info on what it would take to have SCRIPPS participate in the interactive process, including their fee of approximately $20,000 for the services – to include further speech, occupational and physical therapy – I don’t know how else to work with you to attempt return to work.
Consensus amongst friends and providers is that I must take actions to protect myself. Many suggest dismissing hopes to make a difference in the lives of other injured workers violated, maimed, and permanently disabled by WorkComp practices such as those I have endured at the cruel hands of Wyndham Worldwide, CNA aka American Casualty and the Grancell team of legal goons with those of the WCAB is a philosophical difference. I have talked with and met too many uninjured professionals who know the truths, and refuse to act. I truly believe that THOSE WHO HAVE THE PRIVILEGE TO KNOW, HAVE THE DUTY TO ACT. I know. I have a duty to act, to save my own life, expose the horrors and atrocities of the abuses of injured workers in California, America and the World, by people making a living off looking the other way, or making up stories to obfuscate facts. Such practices allowed the horrors of Hitler’s Germany to happen, not unlike the WorkComp extermination programs we have today, that profit people like you harming people like me.
So, please please please return the employee discount vouchers by 7/15/15 so that I can proceed with registration for the Fall session of the Coastline Acquired Brain Injury Program — One of the subjects for the next session is Emotional Intelligence at the Workplace, and I am studying the information found on the internet, SELF DEFENSE AGAINST THE CORPORATE PSYCOPATHS. http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml On LinkedIn, I always enjoy the writings of Liz Ryan about the HUMAN WORKPLACE. You might find it of interest, also.
I look forward with anticipation to the Wyndham Proposal for return to work scheduling, training, accommodations and more. I know the employment law lawyer will wonder why I have not received such a proposal, and will likely find your request to meet with my doctor in person, on my dime, more astonishing that I did. (It does not, Tina, conform to ADA/EEOC, FEHA requirements, and whoever told you it did, gave you info to bury you. Somebody else wants your job or what? Get better sources for your information on return to work, and get some training. It’s available. “GOOGLE IT”
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 5243
Attachments: Vouchers for Employee Discounts to attend Coastline Acquired Brain Injury Program
The upcoming training dates for July and August are provided below. As you note, these dates are subject to change, and the precise locations within the cities listed have not been confirmed yet.
July : …. [omitted on web version]
Oceanside: …. [omitted on web version]
Augus t: The Brand will be based on Business/Staffing needs ….
In connection with our offer, as part of our ongoing interactive process, to meet with you and your physician to discuss your return to work options, we ask that you please provide advance notice of at least 5 (and preferably 7) days’ notice of the appointment time and location.
Regarding your mention of fees, though Wyndham is not obligated to pay for your examination by a doctor that you choose to see, the company will consider making an exception for this appointment. Please provide your doctor’s name, rate and the anticipated cost for the appointment as soon as you are able.
Hi Tina: I have not heard back from you or Melissa regarding the dates of upcoming sales training or confirmation of the tentative meeting in Indio today at 1230. Per earlier email: “I can meet you at 1230 in Indio on Jul 9. Will that work for you?” I will consider your failure to respond further confirmation that no interactive process meeting will take place yet.. In light of the continued bad faith and lightly masked hostilities, I will seek legal counsel regarding the continuous pattern of FEHA and ADA violations, and your A-typical attempts to deceive and delay return to work. Thank you. I will be back with you and Michael Dougherty, as the bulk of the violations since 2012 seem to rest on your desks as this moves out of WorkComp jurisdiction to EEOC and State and Federal ADA violations, in a pattern of continuous harm and bad faith. Sincerely, Linda Ayres, In Pro Per
InjuredWorkersUniting; Silent No More
From: LINDA AYRES – We Are The Media Now <firstname.lastname@example.org> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<email@example.com>; Stewart Reubens<SReubens@grancell-law.com>; firstname.lastname@example.org<email@example.com>; Michael DOUGHERTY<firstname.lastname@example.org>; <email@example.com>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<firstname.lastname@example.org>
Subject: RE: Return to work request and training session dates requested
Hi Tina, Thank you for your response. I still need to know the upcoming dates of the next sales training sessions for my appointment tomorrow and for the Coastline transition plan and accommodations proposal. Please advise today. Just the dates to facilitate informed discussions and planning, please.
I already found out that Palm Springs sales office is temporarily closed. Please provide anticipated reopen date, as location is another factor of concern in planning, important to me and to my treatment teams. Your non-response to the dates was similar when Scripps Brain Injury Program tried to help me return to work in August 2014, and when Dr Ponton in 2012 tried. Please try to be more helpful. They are just dates, subject to change, to facilitate discussion for return to work. The dates are what I keep asking you for and refusal to provide them seems very hostile and in bad faith. I hope I am wrong. I consider it to be continued bad faith and refusal to engage in timely interactive process.
I will take your letter to the doctor tomorrow and get back to you asap regarding availability, willingness and what else may be required, along with any additional fees that may be required. The agenda for tomorrow’s meeting is already set and I NEED TO KNOW THE DATES OF THE NEXT TRAINING SESSIONS to be fully prepared for my doctor’s appointment. It’s a treatment session not a business session tomorrow morning. I can still meet with you and Melissa tomorrow afternoon for a preliminary meeting, pre doctor session to ensure a productive movement forward. I can meet you at 1230 in Indio on Jul 9. Will that work for you? Daniel Elliott @CNA used a similar tactic in 2012 to obfuscate truth and waste a treatment session with then treating Dr DeGoede, referred to by CIGNA, the Wyndham EAP provider, then CNA cheated the doctor out of 4 agreed upon session payments and then doctor would not even see me on a cash basis. I will not allow you to ruin my opportunity for treatment with this doctor too. As you know, since I represent myself in pro per, I am required to copy defense on all communication with you.
Thank you. Linda Ayres, In Pro PerWWID 415287
——– Original message ——–
Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process. In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work. We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise. Accordingly, please provide available dates and times for an appointment when we can hold this meeting and confirm who the doctor is, his or her office address and what his or her specialty is. If your doctor becomes unavailable for the appointment we confirm, we will ask that you let us know as soon as possible so that we can coordinate with you to reschedule the appointment at the next mutually available time.
Please note and advise your doctor that we are not seeking to be advised of your diagnosis or to be provided other personal medical information. Rather, we are interested in whether and when you will be released to return to work and what if any restrictions you may have as well as how those might be accommodated. I look forward to hearing from you.
Dear Wyndham Leave Support Center Staff:
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015. ….
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Hi Tina, Will you please advise the date of the next two sales training classes? I want to discuss with my new doctor team. It’s looking up for a trial return to work. One doctor suggested that a trial return to work could be very beneficial and the two weeks of training telling. While people of “low average” intelligence can certainly sell time share, despite my cognitive impairments and IQ loss, if I can successfully overcome the frontal lobe, auditory and visual processing issues etc, I too may be able to succeed again. 😀 I need to know the dates of the July/August class and location and confirmation that Palm Springs Sales office is still open. I also need to know when we can meet to explore planning. In 2012 one of the WorkComp doctors responded to my question, “When will I know I am ready to return to work” with a snippy, “You’ll know you’re ready when you are back at work.” Many other doctors have said that had I received care in the first year, it was highly probable I may have returned to work in months. Again, thanks to CNA, I have simply been permanently and egregiously harmed. Too bad Wyndham has such a poor WorkComp policy. As you know, Fred Sachs sent me another useless list to work from to find a primary treating neurologist. Seemed to be the same useless one Daniel Elliott sent. Thanks to Social Security Disability and benefits, I may be able to get some legitimate medical treatment from brain injury experts, while building a treatment team for the long term medical requirements likely necessary due to the untreated brain injury of 1/9/12. I now have a local chiropractor, neurologist and psychologist. For the psychologist, for my next session, we will explore return to work planning. As you know, I want to engage in the interactive process for RTW planning. I have not received a corrected version, as requested weeks ago, of the current extension. Let’s get some real dates on the table and a meeting on calendar. Thank you. Linda Ayres, In Pro Per Lindaayres@aol.comWorkcomplinda@gmail.com PS. I am hopeful of return to work without a FEHA Lawsuit….and being the Top In House Sales Rep in Palm Springs Ever….!
I am tired of the abuse by Grancell and CNA……and I am proceeding with complaints to “supplemental people” everywhere. InjuredWorkersUniting; Silent No More
Hi Pamela at The Advocator (and other interested parties and Stakeholders):
Thank you for your constant kindness and helpfulness. Attached are the requested EDD pieces regarding disability payments shifted from the insurance carrier, CNA, in their willful and callous disregard of California Labor Codes in 2012 and questionable accounting practices since then.
The good news is that Tina Jordan, HR Regional Director at Wyndham Worldwide in San Diego graciously and kindly authorized the discount hotel vouchers so that I will be able to continue the Coastline Acquired Brain Injury Program for the Summer Session, which begins June 20th and she kindly said more are needed, to let her know.
“THANK YOU THANK YOU THANK YOU!”
There is a company that, as part of their cost-savings recommendations, recommends that Employers send ‘get well cards’ to their injured workers immediately with regular communication toward return to work. (My address is below if any stakeholders want to begin to implement such a program and see where it takes things.) http://wcmanual.com/get-well-cards-package-of-10/ More tips below.
As most of you know, Wyndham HR was advised, apparently by defense, that they could not even speak to me, and when in December 2014 I attended a public open house – no resume required – come meet the managers and find out about Wyndham Worldwide – I was the only attendee from the public, but management made me sit in the empty room for about 45 minutes then politely told me they could not talk to me, couldn’t help me in any way, and that I would have to leave. I was able to see a few former co-workers as they left the office, and that was fun and heart warming. I told one former manager that I’m not quite right in the head yet and he, in kind and sales professional form say, ‘Don’t you worry about that, when you come back we’ll help you get your mojo back…’ or words to that effect, being encouraging and welcoming.
Coastline ABI Program is helping me discover compensatory skills to ‘do life’ again, and I am very grateful. It was the kindest letter I have received from Wyndham since the injury, and I hope to hear back on extension of leave accommodation requested, and that we will commence the interactive process required by FEHA, so that I can get back to work when medically released.
The doctors are not hopeful of my return to work this year, but I am. A second year at Coastline Acquired Brain Injury Program has been suggested by multiple people, and I do not like the label of being “100% disabled”…..my accountant used the term on my taxes as she said, “Linda, it’s been over 3 years. Do you really think you will ever be able to return to work?” NOBODY LIKES TERM DISABLED, AND I AM DISABLED BECAUSE OF CNA’S REFUSAL TO PROVIDE IMMEDIATE REASONABLE AND NECESSARY MEDICAL CARE IN 2012. Monsters, but friends tell me, “Those lawyers are just doing their jobs” and I always say, “So did the Sonderkommando! Just following orders is an insufficient defense!”
Here is the EDD 6/1/ 15 “Explanation of Benefit Payment Record” from 2012 through 2014. [available to the public upon request at WorkCompLinda@gmail.com] Also attached are CNA print outs. [Available to the public upon request at WorkCompLinda@gmail.com] My math skills have been reduced dramatically since the injury, and I can’t make senses of any of this. I just know that CNA has gotten away with some pretty coarse ‘cooking of books’ and violations of labor codes in initial refusals to pay TTD, refusals to provide medical care, and continuous outrageous refusals to reimburse simply miles to their doctors, and medically necessary treatments that were recommended but denied by non-doctors—being lawyers and adjusters without medical expertise, further evidenced below.
I am awaiting response from appeal of February/March 2015 from another industry leased/owned company called MAXIMUS. Defense sent them exparte records with probable intent to continue to deny medical care, and we’ll see if Maximus deals with medical realities or just follows orders of their benefactors. CorVel certainly appears to follow implied directions of the defense counsel, even when an idiot would questions some of the directions. A YELP review of some of their doctors, including their acupuncture and dope dealing neurologists who perform ‘independent medical reviews’ on behalf of CorVel would make you laugh, to lighten the intensity of the allegations herewith. FOLLOW THE MONEY, ALWAYS FOLLOW THE MONEY.
Will you let me know the findings of your accounting people also? I am still working on organizing medical expenses to submit that may serve as further offsets. I have spent more than $35,000 out of pocket to stay alive, despite the interference of CNA and their legal counsel in their continuous pattern of malicious, callous and willful harm, and ‘deny medical care by any means necessary’ approach to breaches of fiduciary responsibilities.
Now they want me to see an Ear Nose and Throat doctor for my brain injury, a doctor’s office that admittedly has no knowledge of brain injury. As loss of hearing was mentioned in a very comprehensive auditory processing evaluation performed at the SCRIPPS Brain Injury Rehabilitation Program last summer (2014) now the Defense attorney wants an ENT to dispute it so they can continue to refuse to provide auditory devices and auditory therapy.
That ENT request is the same nonsense as their leased/owned neurologists who have no clue that vision processing issues are a consequence of brain injury, and ‘corrected vision’ with prism lenses (that CNA also refused to pay for, or even authorize evaluations since 2012. The Judge refused my ADA requests to be seen and heard regarding this matter, as is another pattern and practice of WCAB Court I have experienced repeatedly since 2012.
I fullly expect Grancell to demand a podiatrist QME for my right ankle any day now.
I don’t know where the Workcompsters find their doctors and other participants, but it was heart warming to read about the recent bust of that dirty doctor ring in New Jersey last week. I hope the FBI commences investigations into WorkComp, in California, with my case.
I don’t know how these records show the approximately $49K payout by EDD and the approximately $31K payback by CNA, with a bonus of approximately $18K by negotiated discount to CNA, apparently from Taxpayer coffers?
By copy, I am letting the CNA Adjuster know the actuals paid by EDD and asking if CNA wants to adjust their allegations that they “paid 104 weeks”…. the schedules of payments certainly dispute that, don’t they? They may also want to revisit their legal responsibilities to pay on-going estimated permanent disability payments commencing 14 days after last TTD payment….which appears to be … May 2014 by EDD?
THANK YOU THANK YOU THANK YOU
Sincerely, With Thanks,
Linda Ayres, IN PRO PER
cell: 760 368 7236
PO BOX 835
Yucca Valley CA 9228
#2 Google “Manage My Fatigue“ for a new app released by one of the instructors at Coastline Community College, with an aim to assist the Department of Defense in a simple app (utilizing more than 25 years research of helping Acquired Brain Injury Survivors deal with cognitive fatigue and reintegrate into mainstream life post TBI, and post concussion and post PTSD. Michelle Ranae Wild can also be found on LinkedIn.
#3 “Your Radiation This Week” ongoing weekly series contains information that impacts not only the hospitality and travel industries, but also the risk management arms of the insurance industries. http://www.veteranstoday.com/author/bobnichols/
Bob Nichols, Writer and Contributor at VETERANS TODAY has written extensively on nuclear matters, pre-and-post Fukushima. The #Wigner Effect may end up being one of the very visible consequences with the least plausible deniability in the coming days/years, as more planes crash and burn. Aviation catastrophe attorneys may soon be finding an uptick in their businesses. Even drive-to-destinations are impacted, as you will see that Bakersfield, California is the Champion of CPMs in the USA …. (highest radiation readings as of last week)…. Remember remember to also ASK ABOUT FUKUSHIMA NOW, and don’t believe the pro-nuker propaganda that ‘there is no immediate danger.’
#4 ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/list-of-posts/ is an amateur effort to increased awareness of Brain Injury and the horrors of the common practices of WorkComp insurance carriers such as CNA, which cost shareholders money, cost corporations loss of producing employees, and cost injured workers their hopes, homes, dreams and life….all for the mega profits of the few who are ‘just following orders’….
#5 Huff-Post has a series of contributors writing about Brain Injuries, that the adjusters and doctors might be wise to review. https://www.google.com/?gws_rd=ssl#q=huff+post+brain+injury On the whole, it does seem that Brain Injury Survivors have much more information about symptoms, consequences and treatments that the vast majority of the AMA and ABA crowds..and LinkedIn has a wealth of resources, as does Facebook. THINK THINK THINK MOFOS thanks
#CountOnMe is a favorite Wyndham Slogan, so to each and all of you, i remind you, I AM INJURED, NOT STUPID; #CountOnMe…. to expose these atrocities and either help you correct them and/or help the FBI investigate and indict with probable cause and plenty of evidence. For any of you who may be people of faith, you also know that ‘One person and God constitutes an Army….’
“BTW – I keep asking for an attorney for you. It’s tough. The perception is that your case isn’t big enough under current law, so getting someone to pay attention to it is very difficult.” – Anonymous
“So that means that breasts and testicles are more valuable than brains? !?” ASKS THE INJURED WORKER!
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq. http://www.asvarlaw.com/casestudies/
Note: Chris Asvar did his job for his young client: “LOS ANGELES – January 25, 2012. Los Angeles-based attorney Christopher Asvar has just secured the highest known workers’ compensation insurance settlements in California history, totaling $8.9 million on behalf of his young client who suffered a work-place traumatic brain injury.”
Note: Romano Trust vs Sedgwick apparently gives #WorkCompsters a green light to maim and kill injured workers in California without recourse, and sometimes a fine of $100,000, if pushed.
America! America! What a national shame!
CNA / Grancell Defense Team apologizes for the misunderstandings and failures that preceded settlement. CA ADJ8181903
Nawwww, they won’t even authorize prism neuro-optometric lenses or auditory processing devices, nor chiropractic and acupuncture for pain relief, nor will they replace resigned primary treating doctors without a Utilization Review, that there is no doctor to make such a request, and the CNA 25+ year veteran Claims Adjuster has no authority apparently other than to sign a form that says ‘it’s too early to determine if there is any permanent injury’ so we’ll look again in 90 days. D’oh. They didn’t pay temp total disability in 2012-2013, and the State did, then discounted payback, causing Injured Worker to lose the ’52 weeks’ that would have been available had they paid the 104 weeks, as required by law and directed to via Court hearing in April 2012.
They scoffed at the law and bullied the injured worker and doctors then, and continue to scoff and bully today. They have help. CorVel and Maximus, and a handful of industry leased/owned doctors who write inaccurate reports that could be deemed fraudulent if taken to trial. WCAB guidelines indicate estimated Permanent Disability payments are to commence within 14 days of final TTD payment, which was May 2014, in a chunk after EDD and local politicians became involved, since WCAB – Riverside refused repeatedly to help injured worker get treatment or benefits, in clear violations of ADA and EEOC. Grancell continues the same course of action, profitting by taxpayer ignorance and apathy as they bilk California’s coffers and destroy the California WorkForce….
They want me to see an Ear Nose and Throat Doctor to dispute an extensive auditory processing evaluation of last year performed at SCRIPPS Brain Injury Rehabilitation Center in Encinitas, California. What’s next, will they demand that I see a Podiatrist to dispute the Audiologists, Neurologists, Neuropsychologists, Orthopedic Surgeons, Chiropractors, Acupuncturists and Functional Neurology Experts, along with Occupational Therapists, Physical Therapists and Speech Therapists, and focus on the often referenced sprained ankle of 1/9/12? Oh yes, I think they need a dozen neuro-psych reports till they find one they like; “Doctor Shopping and File Churning” enhances bottom lines for WorkComp Defense firms? D’oh! In November 2012, defense attempted to coerce settlement of the customary $100,000 after initial attempts at obfuscation of medical evidence and failures to provide necessary evaluations and treatments that first year. Their report of future medical was extensive— and that was prior to getting all the facts of the actual extent of the injuries. What say their Risk Peeps now. They are all looking at my LinkedIn Profile.
Anybody with “Juevos” at CNA willing to step up to settlement? Maybe somebody from Thomas Motamed’s office?
For the record, treatments and evaluations provided by Grancell/CNA and self-procured are discussed in these blogs:
Well, at least the ‘cost burden has been shifted’ to the Social Security Administration and Medicare due to the brain injury upon evaluation of all medical records. How’s that for bilking the public after more than 3 years of torturing and causing permanent disabilities to an injured worker? I am grateful and the experience at the SSA was kind, compassionate and an encounter with people of integrity, in sharp contrast to the horrors of Workers Compensation experiences.
Add the approximately $16,000 CNA was paid by the State of California in the form of a deep discount on reimbursements for EDD payment in the first year because CNA refused to pay TTD?
CNA is really making big bucks on this “Exclusive Remedy” huh?
How much does the insurance broker make in commissions on the Wyndham account? SEC or some regulatory agencies requires Wyndham to provide such information to shareholders when requested; I have requested approximately 5 times in more than that many months, to no avail. It may have something to do with allegations that the Wyndham Board and Risk Management have some members with questionable ties to the insurance industry? I heard the stories, but they didn’t quite compute in my brain.
#WorkCompChat; O SAY CAN YOU SEE?
Could the lack of competent representation for injured workers be related to these issues?
Below are more insights for possible incorporation to future industry blogs…from an Injured Worker point of view, and something the legal people alleging to represent injured workers are also clueless about.
Attorneys in CA like to shrug and say they know nothing about Social Security and Employment Law and ADA Compliance and how it all interfaces with one the big scam.
Heck, even the Defense Counsel who is a “Partner/Shareholder” boasts of his incompetence regarding ADA and Employment Law! D’oh! It takes a Psychopath, huh?! A WorkComp attorney who is oblivious to SSA guidelines, ADA, Employment Law and social media fight-back-work arounds is an idiot and a menace to society, imho. Ditto for return to work trials, guidelines, strategies etc.
Social Security has a rehabilitation component called PASS (available to me for the next year or so) where they may help me create a consulting business or something I can do from behind my computer, if Wydham continues to fail to engage in the interactive process, and particularly if they wrongfully terminate me. There are also some tax incentives to corporations that hire disabled Americans. I am hopeful that if I cannot return to face-to-face selling that Wyndham may create a position so that I can help clean up the desperate EPIC FAIL of a WorkComp system currently in place, and that I may be able to help train HR and Staff on proper handling of workplace injuries, and when to do simple things like “CALL 911”
The SSA paperwork also advises me to submit medical expenses that I had to pay within 30 days, which it sounds like they may reimburse since CNA refused to. A friend may help me assemble that next week. It’s half done, like so many of my paper projects. Pure cost burden shifting, and that’s one of the items I will ask the Senators to help me with. Somebody can reimburse my $30k out of pocket medical and rehab expenses, and the shortfall of $18,000 California gave in the form of deep reimbursement demand discount to CNA for refusing to pay TTD in 2012 – 2013 . Offset for my shortened life span and loss of earning capacity, along with potential devasting future medical is a factor. Continuation at the Coastline Acquired Brain Injury Program through December 2015 is very important to maximize potential return to work, although a second year is recommended, and both will be impossible without funds. Your try living on $1,700/month with a mountain of bills behind you, and a brain that works like a 286 computer on dial-up, with virtually no working memory. Does a $20,000 annual income put me in the sheer poverty category? That’s a very harsh transition from being a fun-loving, globe trotting vacation sales executive, unable to return to work due to auditory, vision, speech and other processing issues from the fall of 1/9/12. The manager said, “Just rub some dirt on it and you’ll be fine’…. nice try, but it didn’t work.
If you know of a California attorney with integrity, courage, smarts and staff to take on this multi-dimensional case, please contact me directly at WorkCompLinda@gmail.com or via phone at 760 368 7236. Know that the Defense Firm is big on bullying doctors, injured workers, and even, apparently, structured settlement peeps. D’oh. Mediation was repeatedly refused by defense. Callous disregard for human life is the SOP, along with bullying and threats and blatant disregard for law, order and life.
It is my hope and intention to return to work by the end of the year, even though all the medical evidence indicates that is highly improbable due to the extend of the brain injuries. Yes, I can type, but if any CAAA attorney believes that the ability to type indicates no brain injury, they should turn in their license to practice. They are incompetent to allege to represent any injured worker, let alone a brain injury case, and such ignorance and incompentence presents imminent danger to the working public.
Remember the quote by Chris Asvar (who won’t take the case because prior counsel and too many others ‘didn’t do their job’)…..I’ve asked again, but won’t hold my breath on a response this year either. Read it again. LET IT SINK IN.
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.http://www.asvarlaw.com/casestudies/
How is it that the people profitting by maiming and abusing brain injured Americans can continue to get away with their vile legal chicanery without due process, without representation, and in clear violation of the Constitution of the United States of America?
Who supports such treason and attacks on the working population of America?
Will the US Attorney General investigate California’s workers compensation corruption and war on workers now? CC: #CAAA Members.
Note to Lorrtta Lynch: FOLLOW THE MONEY. ALWAYS FOLLOW THE MONEY.
Re: Request for ADA Accommodations and Change of Date of Hearing
Dear Judge Woolsey:
In an attempt to minimize the continuing harm caused to me by many unclean hands in this WorkComp case, I am respectfully submitting ADA Accommodations for the upcoming Status Conference Hearing in your Court, scheduled for my birthday, April 8, 2015 at 8:30 am.
Will you kindly move the date to a Friday, or a Thursday, to minimize the continuous harm to this injured worker, and will you kindly ensure that the requested ADA accommodations are honored.
I have never been heard by a Judge regarding my violated rights to immediate, reasonable and appropriate medical care. Date of head injury, 1/9/12.
I have an untreated Brain Injury and I am surviving Workers Comp to the best of my abilities and I believe Congress needs to initiate #Domestic Torture Reports for the conduct of those running WorkComp in America. By copy, I am asking for help on these complicated matters from Senator Jean Fuller, Deputy District Attorney Jennifer Lentz Snyder, the Employer Fraud Task Force, and the investigative journalists at ProPublica, and the world at large.
“Over the Counter Analgesics” recommended by WorkComp doctors for Traumatic Brain Injury? Defense repeatedly omits approximately 300 pages of medical records with intent and success to deny medical care, without consequences to anybody but injured worker, and to the profit if the defense firm and industry doctors? Another doctor alleges there was no witnessed slip and fall, and if there had been, of course, medical treatment must be provided, but it was probably epilepsy.
Three industry doctors falsely stated the date of injury in their reports as “1/9/1 3“, and used medical evidence of 201 2 to support pre-existing conditions. When brought to their attention, they simply changed the date of injury reference, and made no changes to false conclusions, all with intent and success in denying medically necessary treatment for over three years.
How is that any good in America? Super lawyers have told me my case is not unusual, it happens all the time. Upon confirmed diagnosis of brain injury, TTD benefits were terminated in April 2012, State disability was paid, and when I sought assistance from I & A, Ms. James asked if I was stupid, and why wouldn’t I want the greater income provided by the State. I showed her the Court order and she said, “well, it says ‘if necessary'” it would be reinstated… I was still TTD, so that was another violation and direct harm from the WCAB. In May of last year, CNA reimbursed the State of California what they paid, less approximately $18,000. I appealed that, and that Judge said it wasn’t my money (so I assumed they just gave the $18K to CNA from California taxpayers, and I had to go to the Salvation Army during that charade, to get help to keep my utilities on and find food. Monsterous.)
They (Defense and my then-counsel) attempted to coerce me to accept a $100,000 settlement, less attorney fees, in November 2012, without the requested evaluations and treatment that first year, less attorney fees, and required resignation from my job, and a promise to not file for social security disability for at least 3 years. The representing attorney told me, “Work Comp is a very small community, everybody knows everybody. If you don’t take this, you’ll get nothing. Nobody will believe you have a brain injury.” I told him that’s because he didn’t get me to any of the recommended doctors, nor get me any of the recommended treatments, and that I am injured, not stupid.
Defense and I & A Officer reiterate that “it’s a small community, everybody knows everybody”. What does that sound like to you? I think the DOJ should find it of interest, don’t you?
Investigative journalists have said, ‘too bad, happens all the time, best you can hope for is SSI and an early death’. How about the insurance company call in Fall 2014, in response to pleas for help to get medical care after 2.5 years, who asked, “…so tell me, Linda, when ARE you going to die?”
Your honor, I think there should be some investigations and arrests regarding my case, don’t you?
While Valerie James, Riverside I & A officer, not known for compliance with ADA law, advised me on the phone today that requesting a change of date so that I do not miss time from the State run Acquired Brain Injury Program at Coastline Community College “is not an ADA request” I will seek further counsel there.
It seems to fall under the category of reasonable requests, particularly since I have to travel over 100 miles to get to the program, pay for a hotel room, and eat meals out in order to obtain help for compensatory strategies to deal with the untreated brain injury of 1/9/12 and consequent second impact trauma of 2/4/12 and a more recent injury, related to the initial injury, of 12/3/14.
In order to be present for further Defense file churning and use of Court time, I will have to miss a full day of compensatory strategies by leading brain experts, I will have to repack from a Newport Beach Hotel and find a Riverside hotel, unpack, pack again, show up at Court, listen to Defense continued chicaneries, then drive back to Newport Beach for the final day of the program, on a Thursday. While to someone without a brain injury, that sounds like “no big deal”….. for someone with cognitive impairments, slow processing, auditory and visual impairments, it is close to a devasting demand.
It took me two years to get in front of a Judge at WCAB to be heard for my right to medical care, denied now more than 3 years, with the help of the Information and Assistance Officer. At one hearing, when I requested auditory aids, not only did she deny them, she confiscated my cell phone and the recording devices I had brought to make it an easy request. At the last hearing, in July of 2013, it was an extended continued hearing, and when I arrived, there were none of the accommodations requested.
In fact, I had to be addressed by the Judge, in a Court room of lawyers, with all my paperwork sitting in my briefcase, behind the Judge’s chair. I was not allowed access to the papers and I don’t even recall much other than the horrors of such a violation. The Judge told me that issues of fraud are not addressed in his Court and that if I had such allegations, I was required to verbalize my concerns.
I HAVE A BRAIN INJURY, WITH SPEECH, VISION AND AUDITORY IMPAIRMENTS.
I asked then for a postponement so that I could find a government agency to help me address my concerns of felony fraud that permeate my case, and I assured the Judge I had no intention of returning to his Court until such time. Sadly, I have learned that Fraud is a non-prosecuted pattern and practice in the world of Workers Comp.
I have been denied disability benefits, medical benefits, and I have been harassed, discriminated against, bullied and more since this injury, and much of it has happened with WCAB Riverside knowledge, and in some instances, participation.
Does it make sense to have an Orthopedic Surgeon, who fully admits he has no knowledge of brain injuries, as the designated primary treating physician since 2/15/13, and to have every one of his requests for specialty evaluations and treatments denied denied denied?
Originally, when he was designated, Ms. Mall of the defense, and Ms. James of your offices, assured me that I could not have a Phsyiatrist or Neurologist of Neuro-psychologist as the treating doctor, but the orthopedic surgeon could as for such. After months and months of denials, defense firm said the requests were denied since the orthopedic surgeon had no brain injury expertise. What a “Grand WorkComp Fraud” I have been victimized by.
Now, they want yet another battery of Neuro-psych tests…. although they ignored the results and failed to provide requests for treatment by doctors since 2012 — Dr. DeGoede – Clinical Psychologist referred by EAP, Dr. Eileen Kang – Neuro-psychologist, referred by Dr. DeGoede since CNA had no neurologists or neuro-psychologists to refer to, then a Dr. Marcel Ponton – QME, Neuro-psychologist, Dr. Lynn Lowell, Neuro-Optometrist, Dr.Eric Ikeda, Neuro-Optomestrist, Dr. Michael Lobatz, neurologist, , ScRIPPs Brain Injury Rehabilitation Center and approximatley 34 doctors, all paid for expensive evaluations, while I have been denied medically necessary treatments since date of Injury. I have spent more than $30,000 out of pocket to survive work comp, and this recent phone call with Ms. James tells me nothing has changed. She is not an impartial Information and Assistance Officer.
While Stewart Reubens, Esq. advised you that “Ms. Ayres has been evaluated by a psychiatric Agreed Medical Evaluation, Dr. O’Brien, an orthopedic QME, Dr. Holmes, and a neurologic QME, Dr. Kent. Currently Ms. Ayres is treating with Dr. Chalgujian, a neuropsychologist. She is also treating with Dr. Darren Bergey.” What he didn’t tell you is that Dr. Darren Bergey is an Orthopedic Surgeon, with no knowledge of Brain Injuries, who requested valiantly medically necessary evaluations and treatments while he was the PTP, February 14, 2013 thorough December 2014. Over the course, he obtained authorization for an MRI of my right shoulder, and upon diagnosis of a severe tear and injury, he was told to change his records to indicate that the right should was non-industrial. His MMI for orthopedic supported that lie.
Apparently, the carrier or defense had threatened his office financially, by threatening to terminate referrals if he a) continued to request brain injury treatment and b) did not change the right shoulder to non-industrial. He cancelled my December 2014 appointment, and said I am MMI – orthopedically, and still 100% TTD from the brain injury. Mr. Reubens also neglected to mention to you that the O’Brien, and Kent reports were an expensive disorganized mess, due to his collegue, Kim Mall, and her little pattern of practice to omit medical records (hundreds of pages!) with clear intent to deny medical care.
Those three doctors seems to have been working directly for Ms. Mall, and when it was brought to their attention that they had mis-stated the date of injury as 2013, and that they were using 2012 medical records as false evidence to deny medical care, they simply changed the date in their supplemental reports, but NOT the conclusions.
That does seem to meet the DIR defintions of felony fraud, but alas, this is WorkComp…. with secret medical records (yes, Ms. Mall attempted to continue to use the Dr Obrien report and asked evaluating doctors to consider but NOT summarize it. I’m not a lawyer, but that seems to be a breach of Article… XIV of the California Constitution, and the 14th Amendment of the US Constitution. Alas, it’s work comp….. nobody seems to have jurisdiction over such wrong doings.
Stewart Reubens, in further acts of ADA and EEOC violations, even suggested that I should consider a Conservator, since I am unable to protect myself from the WorkComp chicanery.
I have repeatedly requested electronic communications due to my brain impairments, and Kim Mall and Stewart Reubens have repeatedly abused deadlines by sending things regular mail.
Perseverance and tangential communications are part of the brain injury, and I am working very hard on learning compensatory skills to hopeful build a life again, after these monsters refused to provide medical care for over 3 years, and the first two years, I could not even leave the house except to get to their demanded evaluations.
I would appreciate a change of date for the hearing, and I would also ask you to kindly ask the Defense exactly WHAT TREATMENTS WERE PROVIDED SINCE THE DATE OF INJURY, and were they in compliance with ACOEM guidelines.
If you are unable or unwilling to change the hearing date, kindly ensure that my ADA accommodations are honored. I will bring the nearly 1,500 pages of medical evidence, and CorVel denials that appear to have supplemented CNA hand-washing.
With all due respect, I have been terrorized by this system far too long and I will seek intervention from the Fraud Unit at the District Attorney’s office, and hope that they will sent a witness to accompany me to the Workers Comp offices for the hearing, on whatever date you demand. This letter will also be a part of my social media records.
I would hope that you would encourage investigation of this case, from top all the way to Sacramento. It appears to be real dirty. Perhaps the investigative journalists at ProPublica and NPR could take a look and provide some direction. Several work comp expert bloggers have written about my case, with concerns.
My blog, if you have an interest, is ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/ …. all the grim details are there….. it’s a crying shame that such things happen in America, in “roughly 80% of work comp cases”.
Attachments (2): Accommodations Requests for Persons with Disabilities 1 of 1 – Change date of hearing; 2 of 2 Reasonable accommodations including quiet room, large table, recording, laptop, support chair and breaks at least every 50 minutes.
Distribution: I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING DISTRIBUTIONS TOOK PLACE ON 3/23/15, IN YUCCA VALLEY, CALIFORNIA 92286 LINDA AYRES
Has anybody else experienced a pattern of practice by CorVel reports, allegedly written by various doctors but that appear to written by ‘less educated’ RNs, with skewed facts and gross mis-statements (some are pretty hysterical, if they were not so life-threatening!)
The CorVel patterns of practice with allegations of attempts to reach requesting doctor for more information, with ‘no contact’ made because requesting doctor failed to jump through hoops and respond within minutes? Or how about the copies received by mail demanding response with 72 hours, postmarked 2 days or more past date of alleged request? Or when they allege they left a message at a certain number, that is to rehabilitation unit recreation room, at which the requesting doctor has never been, let alone receive messages? How about the guys call and say they are the doctor, but they are not the doctor, or at least a different doctor signs the report? How about when the reports allege there was no contact, and the injured was present during the communications? Does that ever happen out there???
One legal pal suggested that CorVel piece alone paves the way for CLASS ACTION for some smart class action/civil rights firm. There was a recent article somewhere by someone complaining about CorVel, in addition to Mayor Betsy and Forth Worth Police Associations, too. Maybe their Union could do a little…investigations into CorVel and nation maiming and terrorizing of injured workers?
Does that just happen on Brain Injury cases? Hmmmmmm Anyhow…. Below is another little missive to CNA….. I got a little distracted trying to do some paper work today, and I just see red when I think of these people.
Someone recently said, “Now, Linda, those lawyers are just doing their jobs. Work Comp is broken; Nobody gets rich off WorkComp.”
😕 I nearly spit and said, “Not true. It’s a mega billion dollar industry, and the only losers are the Injured Workers. Not only have they failed to pay me disability benefits, they cooked the books and got approximately $18K in award money for refusing to pay TTD in 2012/2013 [State paid $49k 2012-2013, CNA reimbursed $31K in May 2014; injured worker screwed again] AND FOR FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS ALL ALONG.
#GrandWorkCompFraud on the American People and Corporations
Not only does CNA fail to comply with basic labor code to provide immediate reasonable and necessary medical treatment, THEIR COUNSEL HAS THREATENED ALL SELF-PROCURED PROVIDERS, INTERRUPTING SELF-PROCURED CARE, AND USING FINANCIAL TERRORISM TO ENSURE MEDICAL CARE IS NOT PROCURED.
Then, they use fancy legal chicanery to continue to obfuscate the facts that they have, in a pattern of continuous harm, FAILED TO PROVIDE MEDICAL CARE IN ACCORDANCE WITH ACOEM, MTUS, OR EVEN 7TH GRADER COMMON SENSE! Where do they find these clowns to write reports on behalf of the defense firms. I will NEVER forget the forensic psychiatrist who said that ‘if the finder of facts found that there was indeed a slip and fall and concussion, medical treatment would be necessary; there was not, and is no head injury, and she probably just has epilepsy.”
D’OH! MY MANAGER HELPED ME UP FROM THE ICE, AND MY COLLEAGUES HAD A GOOD LAUGH AT THE SNOW ALL OVER ME, AND MY DAZED AND CONFUSED APPEARANCE……. The Admin Manager told me to “See any doctor that takes work comp insurance” and gave me an incomplete DWC-1 form (no insurance info on it at all, just his signature)..D’oh! Defense firms says that was “proper service” of their alleged “MPN”….. I was required to complete my shift, and find my way down an icy mountain road (20 miles) and then down a desert highway (40 more miles). How did I do it and survive? But for the Grace of God!….
NOTE: Upon verification of Brain Injury is when TTD stopped (April 2012) and terrorism began. In November 2012, they attempted to coerce early settlement that required forfeiting job, social security, medical, and more….for $100,000, less attorney fees. That attorney no longer represents me. He said it was a small community, work comp, and nobody would believe I have a brain injury. D’oh. Those idiots don’t even know what a physiatrist is, let alone brain lobes, cognitive and executive functions, etc. We’ll talk more about attorneys soon…. Must get back to tasks at hand.
WORKCOMP SURVIVOR WRITES: Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process. I would like to receive the advance no later than March 30, 2015.
—–Original Message—– From: Linda Ayres To: fred.sachs <email@example.com> Cc: wvoleavesupportcenter <firstname.lastname@example.org>; tina.jordan <email@example.com>; michael.dougherty <firstname.lastname@example.org>; mary.falvey <email@example.com>; shane.riedman <firstname.lastname@example.org>; scott.mixon <email@example.com>; SReubens <SReubens@grancell-law.com>; lindaayres <firstname.lastname@example.org>; wynlinda <email@example.com>; workcomplinda <firstname.lastname@example.org>; hchalgujia <email@example.com> Sent: Fri, Mar 13, 2015 10:54 am Subject: ADA, RTW, and ESTIMATED PD – ADVANCE: Linda Ayres vs. Wyndham Worldwide et al CNA e3269102 WE and RETURN TO WORK ACCOMMODATIONS
Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process. I would like to receive the advance no later than March 30, 2015.
ADA ACCOMMODATIONS: I am still awaiting word from Wyndham on extended leave of absence through December 2015, then return to work at Palm Springs, which is important to my planning at Coastline Acquired Brain Injury Program, a State institution, supported also by the Department of Rehabilitation. The program is very intenstive, and primarily for people who have received and exhausted all medically necessary treatments; not too many of us have been denied medical care for years; unless they are also injured workers, like me.
I am hoping I will be able to return to work without any accommodations, upon completion of Coastline Acquired Brain Injury Program in December. The counselors suggest I may need a second year at Coastline to maximize my cognitive functionality, but that will be determined later in the year. Transition planning (back to the community) is a big part of the program.
Please also consider the PD advance request as part of the ADA accommodations request, as CNA has refused to provide medical care and TTD the first two years, leaving me in a very precarious situation, and financial stress is counter-productive to brain injury recovery.
I understand that it may be just the defense firm “just doing his/her job” and “just following orders” but mis-statements with intent to deny medical care are frowned upon, as are omission of medical records to procure same result.
Suggesting that the February 2015 Corvel modified recommendations will not be honored for some made up reasons by Defense, is unconscionable, as usual. I did not hear back from you this week, so I must assume you concur with the defense bad faith and ill will?
Ignoring all prior medical records with hopes that yet another neuro-psych eval will be from an industry leased doctor, is not quite right, is it? I will copy you on my request to the Judge.
If you will please review the evaluations and recommendations for treatment since 2012 from Dr’s DeGoede, Kang, Ponton, Chung, Patterson, Ikeda, Llowell, O’Brien, Kent, Zardouz et al….. you will see the gross mis-management of this case and my ability to recover and return to work, mostly at the hands of Grancell. I understand that Daniel Elliott, former adjuster may have been inexperienced and therefore subject to intimidation by the Grancell crowd. I talked with his boss once, very polite, and also did not sound intimidatable. Ms. Mall’s incorrect statements to multiple doctors were leading, misleading and resulted in what appear to be extremely fraudulent conclusions by 3 doctors, and the whole CorVel people. Sad. Makes CNA appear complict, doesn’t it?
With your experience, I highly doubt you can be intimated by them. I trust that you will continue to help me distance from the abuse,harassment, intimdiation, bullying and the implied threats of the defense crowd.
Please advise how soon I may expect the advance on estimated PD.
Linda Ayres, In Pro Per
cc: Linda Ayres, Injured Worker
Dr. Hilda Chalgujian, Primary Treating Doctor since Orthopedic Surgeon made it very clear he doesn’t deal with brains….. a fact known when Grancell and WCAB insisted that my PTP be an Orthopedic Surgeon, not a physiatrist, neuro-psychologist, neurologist, psychologist, chiropractor, or accupuncturist. Looks like it’s on you, me, Dr. Hilda and Stewart to move things along…with Tina and Mike. What say you now? I hope the ProPublic / NPR Surveys and articles are helpful; I submitted my stories to them and to OSHA.
PS: An updated medical miles request is still forthcoming. With TBI, sense of time is surreal, at best. I have also learned, something your Training Department may be interested in, with TBI, when treatment is immediate and swift (interdisciplinary, including speech, occupational, physical therapies, and vision and auditory therapies as required, along with orthopedic issues with chiropractors and accupuncture, return to work further facilitates best outcomes.
Unfortunately, I also learned that when an injured worker is prevented from return to work for more than 2-3 years, best outcomes are highly improbable. Thanks. Don’t let it happen again; I will work with Wyndham to ensure that it doesn’t happen to another Wyndham Employee, and with the injured worker community at large. It would be nice to tell global audiences that CNA saw their egregious errors and have used this case to correct the wrongs; I realize that is highly improbable, so another route will be created, just like I must work on creating ‘new neuropathways’ to do things that used to be easy, that are now very very challenging.
I am hoping Wyndham will create a position for me so that I can help clean up the Human Resources issues that have allowed your companies to harm me so, at great cost to me, and cost to shareholders and Wyndham, as well.
A Thug is a Thug is a Thug, Hold the #WorkCompsters Accountable!
If you can’t work, then blog!
WE ARE THE MEDIA NOW!
Isn’t it odd that my first job, long ago, in the city was working for CNA? Does that make me complicit in the atrocities committed against injured workers by this company and their sonderkommando?
Remember remember….#WorkComp is NOT an Employee Benefit; In fact, it is an imminent danger to Employees WE ARE THE MEDIA NOW…. You might send this link to your” Evernote” app on your Smart Device’s “media notebook” for reference. It’s good info! Have a nice day….oh, and if you get a chance, take a peak at my LinkedIn blogs…, and see the links within the links? https://www.linkedin.com/today/author/52490934 Thank you! Even a Disabled, #WorkComp #TBSurvivor can be a part of the CommUNITY to incite positive changes in America in the world of work, and #WorkComp.