#WorkComp #Workcompsters and #WhiteRoses

“…If you don’t make any noise, the bogeyman won’t find you…”

“Somebody, after all, had to make a start. What we wrote and said is also believed by many others. They just don’t dare express themselves as we did.” …Sophie Scholl

Sophie tells the court that “where we stand today, you [ ] will stand soon.”

#FukushimaRose
#FukushimaWhiteRose

‘Those who cannot remember the past are condemned to repeat it.’

Does #WorkComp Need More Game Changers?
ASK ABOUT FUKUSHIMA NOW http://askaboutfukushimanow.com/ and remember remember ALL NUCLEAR REACTORS LEAK ALL OF THE TIME; #FUKUSHIMA IS NOT A LEAK

Date of Traumatic Brain Injury, an observed slip and fall backwards, in which manager helped injured worker off the ground after a prolonged period on the ground, unable to get up alone, dazed and confused:  January 9, 2012 —-  and somehow Defense firm alleges the TBI did not happen at work?  D’oh!

wc workers-comp-fraud  if your company lies

Wyndham Worldwide has graciously provided unpaid “leave of absence” with sporadic disability benefits and some chiropractic and clinical psychologist sessions in 2012, and physical therapy in 2013, then some speech therapy, occupational therapy and more physical therapy in year in 2014, with a few acupuncture treatments and EVALUATIONS BY APPROXIMATELY 40 DOCTORS since date of injury  (huh??)

Hotel discount vouchers have been graciously provided by Wyndham Worldwide Human Resources so that self discovered and self-procured brain injury program could be attended since October 2014, but no help to get medical care or proper primary treating doctors for clearly diagnosed brain injury.  One workcomp QME neurologist said that ‘women over the age of 35 are not entitled to medical care for traumatic brain injury.’  Will someone else please notify the ADA and EEOC and ACLU and NLG?  Thanks.  That ABA doesn’t seem to care, nor does CAAA.

work comp guidelines

Did ALL those doctors all fail to properly fill out the recommendations for medical care? How about the crew of doctors who just changed the date of injury to 2013, then used 2012 reports to falsely allege ‘pre-existing’ brain injury?  D’oh!

No worries, fraud is apparently not prosecuted in WorkComp cases, even if it violates Article 14 of the State of California Constitution  and even when it violates the 5th and 14th Amendments of the Constitution of the United States of America. Whaaaaat?  Yeah, the #Workcompsters seem to have some sort of exemption from prosecution.  Could somebody ask the ACLU and NLG to look into that further?  Thanks!

While leave has been extended repeatedly, there has been no effort by the employer to intervene or audit failures of the work comp carrier to provide medically necessary treatments since date of injury.  “Proper Notice of MPN” is apparently telling an injured worker “see any doctor that takes work comp insurance” and providing injured worker with an incomplete DCW-1 form to give to the doctor (without any insurance company information on it.)  My my my.  Wyndham Wyndham Wyndham!

Efforts requesting mediation were met with further hostilities and insults, including calls to injured worker asking, “…when ARE you going to die?” and bullying recommendation that injured worker consider a Court Appointed Conservator to finalize maneuvers through the obfuscation of the #WorkComp Legal Chicanery. Complaints have been made to multiple law enforcement agencies.

Since injured worker’s primary workcomp treating doctor, for a brain injury, has been primarily an Orthopedic Surgeon, who apparently got tired of the threats of exclusion from a highly profitable referral network by insurance carrier for attempting since February 2013 to get specialized brain injury further evaluations and treatment is now off the case,  since December 2014.  The secondary doctor, a neuro-psych found by injured worker in April 2014, self-procured and then authorized as an exception, has been off the case since April 2015.  What’s an injured worker to do without a primary treating doctor and without competent legal counsel?  Yikes!

No doctors have yet been willing to take liability to release injured worker to date without medical care back to work, and now the Catch 22 seems to be to find a doctor willing to re-evaluate, review all records, and determine the improvements made at the self-procured COASTLINE ACQUIRED BRAIN INJURY PROGRAM, since October 2014, with the continuation and completion of program anticipated through December 2015, and if and when return to work with or without accommodations may happen.  

Social Security Disability has recently determined that the injured worker is chronically and permanently disabled.  Injured Worker does not want to be “disabled” and is working very hard to learn compensatory strategies for cognitive losses and impairments.

Webinar Ninja  Draft one  SURVIVING WORK COMP

Does #WorkComp Need More Game Changers?

See entire article here:  https://www.linkedin.com/pulse/does-workcomp-need-more-game-changers-linda-ayres

Embrace the New You?  How to Update Resume  Post Traumatic Brain Injury?
Linda Ayres

… Worldwide

Embrace the New You? How to Update Resume Post Traumatic Brain Injury?

See entire article here:  https://www.linkedin.com/pulse/embrace-new-you-how-update-resume-post-traumatic-brain-linda-ayres

Pre-TBI Photo above, 2010. High desert. Roadrunners and Bunnies, too.  WorkComp War on Workers takes a huge toll on anybody.  Have walked on fire, bent rebar at throat chakra, climbed to the top of telephone polls and zip lined from very high places.  Expletives are now common place; not sure if they are due to the brain injury or the insults to injury by WorkCompsters, Crooks and Employer.

MAKES SENSE?   
Summary of Qualifications used to read:

  • Exceptional administrative and operational skills; ability to compose executive correspondence
  • Self-motivated with outstanding organizational, communication and management skills
  • Ability to identify problems/needs and formulate plans and implement effective solutions
  • Works effectively under pressures and stress to meet deadlines
  • Fluent in many computer programs
  • Sees the “big picture” while attending to details to complete projects
  • Provides substantial business support at all levels; ability to “fill in” when/as required
  • Persuasive, creative and flexible to changing priorities
  • Motivated to work efficiently without direct supervision in busy environment, handling many tasks and situations simultaneously
  • California Notary Public *
  • Hawaii Real Estate Sales person
  • California Real Estate Broker

Read the rest…. See entire article here:  https://www.linkedin.com/pulse/embrace-new-you-how-update-resume-post-traumatic-brain-linda-ayres

* OATH OF A CALIFORNIA NOTARY:

“I, ___________, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” SO HELP ME GOD!

constitution  too long didnt read

WE ARE THE  MEDIA NOW

OATH BEFORE ORDERS

‘Look out #WorkCompsters!’

SEE MORE ON LINKED IN…..

Blog 2015 Stats - #InjuredWorkersUniting GLOBALLY; #SilentNoMore
Blog 2015 Stats – #InjuredWorkersUniting GLOBALLY; #SilentNoMore

REMEMBER REMEMBER….

WE ARE THE MEDIA NOW

PS:  SOPHIE SCHOLL QUOTES to encourage Injured Workers

#InjuredWorkersUniting  #SilentNoMore

 

WE ARE THE MANY; THEY ARE THE FEW

ants and power
WHAT IF you realized how powerful you are? https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

WE ARE THE MEDIA NOW (2)

Fifth Amendment or Fifth Attorney – WHAT DIFFERENCE DOES IT MAKE IN WORKCOMP?

Dear Tina:

Thank you again for the hotel discount vouchers. I am heading out to Newport Beach shortly, but I had promised Stewart Reubens of Grancell that I would respond to his recent emails by today. That was compounded and exacerbated by the unbelievable denial of medical care out of Maximus, the California ‘end of the road’ agency. The doctor received ex-parte records and he was either off-his-meds, had too many martinis, or might be subject to drug testing or else? I found other reports by the same doctor on the internet.

Maximus personnel was very nice when I told them we have a problem with the report as the fraud is egregious. They told me on Friday to send a request to them for reconsideration before sending it to the the WCAB appeals people. This is it. It is my experience that when dealing with WorkComp legal/medical fraud, facts mean nothing to the perpetrators, and legal chicanery prevails. Taking matters to the Virtual Streets seems to be the one and only hope for injured workers. My list of fraud allegations and perpetrators is long indeed, provided, in part, already to the FBI – Palm Springs Office.

Well, that’s another quandry, as it is somewhat out of synch. Before I hit the road, I will try to respond in this letter to both Stewart Reubens and the Maximus help people, and copy “supplemental people” as Stewart calls them, and I will put it on the internet as well.

Webinar Ninja  Draft one  SURVIVING WORK COMP
DEFENSE AGAINST THE PSYCHOPATH// STUDY THIS: https://www.youtube.com/watch?v=Gd6P1Ue2aGg

As I looked through it all, I remember that in 2013, CorVel had authorized modified care to include a couple acupuncture and chiropractic treatments, but Grancell again refused to set up those appointments and the Judge had to tell Ms. Mall to just do it….that took about 9 months. Ms. Mall, the first Grancell attorney, has a knack for telling whoppers, and she is the first to incorrectly tell doctors that I had a head injury in 1993 and another in 2008. No doctor until January 9, 2012, Dr. DeGoede whom the CIGNA Employee Assistance Program sent me to is the first I had ever been diagnosed with a brain injury. In the reports to doctors that Grancell is now attempting to have me evaluated by, Stewart is telling them of his opinion (non-medical, based on no medical evidence) that I have had previously diagnosed brain injuries and treatments. They both, Kim and Stewart, lie when they say I withhold info of a car collison of 1993 and 2008. Both I recovered from, and neither had ever suggested a head injury. Kim and Stewart seem to like to practice medicine at my expense.  They also like to put the 2012 EEG report of head injury to falsely show it as a 2010 report of head injury, although the doctor apologized for the mis-dated report, but any thinking person could read the report and see it was in fact done in 2012.  The doctor was not even in California in 2010, when Grancell attempts to mislead doctors.

The Maximus report I received last week falsely states numerous things, including what appears to be a set up for a fraud investigation at my expense. Somehow that doctor says the right shoulder was the primary industrial injury and that the injured worker [me] did not report a head/ brain injury until weeks later following an incident at home.  They disregarded the medical records I provided, and just seemed to follow exparte communications,

Well, that’s further insult to further injuries. Take a look at the DWC-1 form that I was given on January 9, 2012, without any insurance information on it and see what it says about hitting my head real hard.

These actions are quite similar to the deceptions caused by Ms. Mall when she omitted approximately 300 pages of medical records to QME/AME doctors in 2013, and encouraged them to falsely opine prior head injuries, moving the date of reported injury not weeks, but into the future of 2013, and they used medical records of 2012 as ‘evidence of pre-existing head injury’.  When brought to THEIR attention, those corrected the date of injury on their report, but not their false allegations, nor did I get any of the recommended since January 2012 medical treatments.   UFB, for sure, but it has kept me from medical care over 3.5 years, and has kept the legal/medical files churning, to the point somehow Grancell got the Judge to authorize even more evaluations.

The Exclusive Remedy and Labor Code of California does not say insurance carriers are to provide evaluation after evaluation….it is allegedly about providing medical care as an exclusive remedy to civil rights and law suits.  It apparently requires DOJ/FBI/DA intervention to help companies like Grancell with proper interpretations of the law, and perhaps RICO support.

Now, I have provided the Maximus report to my State Senator and have asked for intervention to involve the District Attorney – Corporate Fraud Unit and the FBI for similar task force. I am hoping that Michael Grabell of ProPublica is tracking what I send, or perhaps Ana Garcia of Los Angeles is another investigative reporter that may become involved.

So, for the record, I have asked Fred Sachs, CNA Adjuster and Stewart Reubens, Defense counsel of Grancell Stander to cancell all the appointments that were in violation of my right to be heard by the Judge at WCAB with ADA accommodations (first they said they would not accommodate for ADA, then they changed the date of the hearing, then they cancelled the hearing, then I started receiving notices of appointments with non-specialists in the field of brain injury, auditory processing, vision processing and chiropractic and acupuncture have been denied again.

My total out of pocket expenses to date because CNA refuses to provide medical care now exceed $43,350.44 since date of injury, 1/9/12. While all the medical reports indicate that I received medically necessary treatments, they don’t seem to account for the fact that I paid for most all of it myself. CNA, for a brain injury, paid for a few clinical psychologist sessions in 2012 along with some chiropractic; in 2013, they paid for 6 physical therapy and a few more chiropractic, in 2014 they paid for some acupuncture and 24 sessions of speech therapy, physical therapy and occupational therapy, cut short from the 3-6 months of care that was requested.

The current CorVel modified recommendations included neuro-optometry eval, neurology consult as requested last April 2014 to review the EEG with corollary medical evidence. Let’s get those issues handled, sort out the inaccuracies of the Maximus report, let’s get the FBI and DA-Corporate Fraud units involved with the CNA Fraud Unit representative and let’s organize a claim audit once and for all.

The allegations by Maximus that I sustained a shoulder injury at work and a head injury at home…. well, that seems to be a last straw, doesn’t it? The Maximus report also alleges there is no evidence for continuation of any of the ACOEM/MTUS guideline recommended treatments for traumatic brain injury. I think that doctor also suggested I failed to return to work at some point.

Holy Moly…. Tina, tell them how hard I have been trying to get back to work and that your hands appear to be tied by the defense counsel and carrier? Remember, in November 2012, my attorney of the time, in collusion with Ms. Mall of Grancell, attempted to coerce me to accept a $100,000 settlement, forfeiting all future medical, disability and it required that I quit my job (oh yes, it also mentioned the shoulder injury along with the closed head injury, but Ms. Mall’s team apparently threatened my primary treating doctor’s office more than once with dismissal from the alleged MPN if the early records regarding the right shoulder were not changed to ‘non-industrial’ ….they tried to call me MMI orthopedically last summer and did so this December, deferring to Neuro/psych doctors for head/braininjury after cancelling my appointment for their final report.

I have had no Primary Treating Doctor since December 2014, and Dr. Hilda withdrew from the case in April 2015, and Stewart says it’s not his job to help me get medical care, and that I can choose my own doctors. If that was so, why did I get stuck with an Orthopedic Surgeon since April 2013 with no knowledge of brain injury, and every referral was dismissed, and finally Ms. Mall said his referrals didn’t count because he is bone doctor not a brain doctor. D’oh — not verbatim, but words to that effect.

Because I retained incompetent legal help for 30 days in 2012, then 9 months in 2012 (that guy tried to get me to accept $100K, less attorney fees, with the above restrictions and said, “Nobody will believe you have a brain injury” and I said that’s because he didn’t get me to any brain doctors as everybody recommended, and I assured him I am INJURED NOT STUPID. The next attorney was retained in January 2013 because of the pattern and practice of Ms. Mall (and now Mr. Reubens) to omit medical records with intent to deny medical care—- and fortunately for other injured workers, that attorney who mis-represented me for merely 90 days, is allegedly retiring and just returned my file. He, like the other 3, refuse to release their liens, and as their staff says,. “Oh don’t worry, the 15% doesn’t come out of your part”…. They seem to fail to grasp that no competent attorney will clean up their … failure to represent and failures to do their jobs…. and be willing to split a fee. These applicant attorneys seem to be bottom feeders, yet Ms. Mall and Mr. Reubens like to suggest that there’s something wrong with me for having dismissed 4 incompetent representatives.

I have to head out to Coastline Acquired Brain Injury Program and I have found a local psychologist who will meet with me and help me, I hope, sort out the rest of my life since it also does not not promising that I will be able to complete the Coastline ABI program, and will have to find a way to return to work at the conclusion of the Summer Session.

I have asked Fred Sachs, CNA Adjuster, again for a treating doctor of neurology and neuro-psychology in the Palm Desert/Palm Springs area. Dr. Seymour Young, neurologist who ordered the EEG last year doesn’t take WorkComp, but he may be willing to be on my team via Medicare. The vision and auditory processing issues are not going to be resolved because Kim and Stewart get people to lie about the case; Wyndham didn’t hire me in multiple locations nor send me to Big Bear to help out in that mess because I was not a valuable employee…. I used to help managers even in Hawaii with management reports, including employee retention and motivation and training.

I suggest you ask Michael Dougherty to immediate get going with a Claim Audit and I will follow up next week with the Senator’s office, the DA-Corporate Fraud Unit, the FBI, Maximus and Grancell. I will also prepare a DOR to get back in front of the WCAB Court, to be heard on these issues of fraud and failures to provide medical care and other violations.

I just can’t do anymore than this today, and it upsets me just having to think about the criminal fraud I have been subjected to by this swath of apparent white collar criminals.

Are these matters of the FIFTH AMENDMENT or can they resolved with a FIFTH ATTORNEY.

do no harm but take no shit eitherCNA Brain Injury Treatment Kit

TIME WILL TELL, HUH?

Let’s plan to meet in accordance with interactive process guidelines, some Thursday or Friday in Palm Springs and I will ask the new doctor in Palm Springs if you can be included in a session where we talk about return to work accommodations planning. One time, in January 2012, Daniel Elliott, then adjuster, spent a full session on the phone with Dr. DeGoede, who explained back then the seriousness of my brain injury and the need for immediate medical care. CNA did not have a neurologist or neuro-psychologist to send me to then either, and Daniel relied on Dr. Goede’s contacts to get me to some specialists, then all hell broke lose when the extent of my injuries was evident. I have a long drive ahead, so, we’ll deal with more of these details later in the week.

Help me now?

Thank you.

Sincerely,

LINDA AYRES, IN PRO PER
#WorkComp and Brain Injury Survivor
760 368 7236
PO Box 835
Yucca Valley CA 92286

PS Linked In is getting a little spooky….. In recent weeks, people with profiles alleging to be high ranking military officials are sending private messages that are less than professional. I would like to write a happy ending to this horror work comp drama and close up my LinkedIn open-ness, and get on with my life.

LINKED IN RANKINGS  6 21 2015  552 PM

web version to be found at:
ASK ABOUT WORKERS COMP GRAVY TRAINS

###################

From: “Jordan, Tina R”
Date: Tue, 2 Jun 2015 18:24:43 -0400
To: Linda Ayres; Linda Ayres
Subject: Wyndham Employee Discount Vouchers

Hi Linda,

Please find attached the signed discount vouchers for Wyndham hotels provided to you so you can secure accommodations at your expense. Let me know if you need more in the future and I would be happy to assist.
Sincerely,

Tina Jordan
Regional HR Director – Southern California

Wyndham Vacation Ownership
7610 Hazard Center Drive Ste. 301
San Diego, CA 92108
Cell: 702-569-4294
Email: Tina.jordan@wyn.com

Wyndham Human Rights and Ethics

Capture WYN COUNT ON ME PROGRAM

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