Can a Judge Compel a 2012 Injured Worker to Participate in Felony WorkComp Fraud Scam?

“… I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic…”

“Domestic enemies”….that seems to include the #WorkCompsters and their #WarOnWorkers, wouldn’t you think?

flag distress signal

 

Dear “Supplemental People” —-

US Constitutional 5th and 14th Amendments immediately come to mind, and the secret police type reports Grancell encourages to protect fraudulent medical reports of their payees seems to violate Article 14 of the California Constitution, for starters.

DO YOU HAVE ANY LEGAL CITATIONS TO SUGGEST TO INCLUDE IN MY RESPONSE TO THE JUDGE’S ORDER TO COMPEL ATTENDANCE AT AN ENT DOCTOR EVALUATION …

[Ear, nose and throat; general vicinity of the brain, but still not a brain doctor, but closer than an orthopedic surgeon, huh?]

…. AND YET ANOTHER NEURO-PSYCH EVALUATION, without causing the Defense to provide complete and accurate records, and allowing the Defense to write false cover letters to the doctors, and without allowing due process to injured worker to appear and plead for medical care and cessation of bullying, file churning and fraud, and with denials of requested ADA accommodations for appearance?

I found this on Facebook...seems true.  Is there Civil Code to go with it?
I found this on Facebook…seems true. Is there Civil OR Federal Code to go with it?

As defense is attempting to falsely claim this accident did not occur at work, is Wyndham Worldwide committing fraud, or is it just the Defense Firm personnel and the doctors they have involved in their chicanery via omission of medical records and misleading cover letters?  Now, if they say I did fall backwards on ice and hit my head real hard, as the DWC-1 statement on date of injury so indicates, and is signed by the Admin Manager, and they know I haven’t worked or been right since, then Wyndham appears to be only guilty of collusion to keep the dirty secrets, and human rights failures to come to the aid of an injured worker, and failures to hold their vendors accountable for bullying and egregious harm to an Injured Wyndham Worker.

Duration since Jan 9 2012
How can failures to provide medical care this long in WorkComp “Exclusive Remedy” BE LEGAL?  How many doctors have evaluated and made recommendations for denied medical care over this course? 35? 40? What’s next?   ASK ABOUT WORKERS COMP GRAVY TRAINS NOW

Back in 2013, I asked a Judge to authorize me to pay an hourly consult to a WorkComp lawyer, as indicated in the Christopher A. Ball book for Injured Workers, recommended on the WCAB site.  It is called California Workers’ Comp HOW TO TAKE CHARGE WHEN YOU’RE INJURED ON THE JOB.  The Judge declined; said it was against the law.

why mediate

I have dismissed 4 law firms that seemed very confused about the difference between a broken finger and a brain injury, so not a good fit for attempting to get medical care. I have accomplished more than all 4 of them on my own., and I have accomplished quite little.  So, that leaves me without legal counsel, with a brain injury, fighting organized crime, armed with the will to survive and the ability to type and blog.  Ain’t that nothing, America!

 

Ayres_Linda_Crush_1228aaMEDIATION FASTEST ROUTE

My response, this weekend, with a “DOR” will probably be called:

PETITION TO COMPEL RIGHT ACTION AND COMPLIANCE WITH LABOR CODE AND US CONSTITUTIONAL LAW in the case of Linda Ayres Vs. Wyndham Worldwide, et al

tbi and ice

As you know, on January 9, 2012, in efforts to help my co-workers get inside the office, during a snow storm, in which we were locked out, I told my manager I thought the window at my table might be unlocked, and we walked over to check the window.  It was locked.  My manager made it back to the side walk safely;  I slipped on ice and fell backwards, and hit my head very very hard.  I laid on the ground for I don’t know how long, my keys went flying and when my manager asked, “Are you ok?” I said, “No, I’m not.  I hit my head reallly reallly reallly hard.” Somebody took my briefcase inside the office but I had to go outside later to find my keys, that I do remember, because they were not in my handbag.

brain concussion tbi

After a little while, he helped me up.  I’m in sales.  We are ‘trained’ to leave our troubles at the door.  I dusted all the snow off of me, and went inside to attend the Sales Huddle.  My colleagues had a good laugh.  I forget who said it, but someone said, “Ewwwwwww, Linda has Fukushima Rads all over her now!”  (I had shared with them how radioactive snow is, as the snowflakes latch on to the radioactive isotopes like scavengers, and encouraged dodging the snow flakes, by any means necessary.)  I got “in trouble” for sharing this picture in the break room in 2011… I was told it was not very positive; it illustrates the impact of radiation poisoning.

Whats next Mom
Hello World! Ask About Fukushima Now http://askaboutfukushimanow.com/

 

Later, the Administrative Manager asked if I was going to see a doctor, and I said yes, and I asked, “Do I have to see any special doctor?”  He said, “Just see any doctor that accepts workers comp insurance” and he gave me an incomplete “DWC-1” form — he signed it, but it had no insurance company information on it, and no doctor could accept it, and the office did not return the doctor’s calls.

Remember, Wyndham staff did not offer to call 911 or even bother to take me or offer a ride to Urgent Care or an Emergency Room. Previously, I dropped everything and took a co-worker to Urgent Care as she was complaining of chest pains to everybody.  HR had no plan in place for dealing with such issues, either.  Perhaps staff is “too young or too stupid” to make life affirming decisions.

My guests, at the first wave tour, knew I was clearly dazed and confused, and they got their “gift” without any hard-sell….just gratitude that they were understanding about my confusion, as I told them I had slipped on ice and hit my head real hard that morning.

I went to the doctor after work, God only knows how I drove down that icy mountain road.  For some reason, I don’t know why, an hour trip took over two hours.  When I saw the chiropractor (I thought I just needed a little adjustment for my neck and back) but the doctor said I had a concussion.  I didn’t know what that meant.  He suggested I would feel like I’d been hit by a truck in a few days, but in a few weeks I’d probably be fine  He was right about feeling like I’d been hit by a truck.  I vaguely remember having to use both hands to lift my head up from bed, and I slept a lot –

WWW MMM 13

I went to the Urgent care a few days later, since someone told me people can die from head injuries; they could not take the DWC-1 form, but they kindly accepted the CIGNA employee health insurance (which CIGNA had to fax to them, since I couldn’t find the card).  I got lost going to that doctor’s office, then lost again going home waiting for CIGNA to fax them the card, and disoriented on return.  Defense likes to say that doctor said I wasn’t dizzy, disoriented or confused.  D’oh!  The office is less than 5 miles from home, in rural Yucca Valley.

I had already called the EAP – Employee Assistance Program — because I was so confused, couldn’t think, and was having trouble talking, and my words were slurring.  I haven’t had a drink or drug in over 28 years.  People said I sounded drunk.  Not a good sign.  EAP connected me with a clinical psychologist who referred me to a local neurologist (who refused to see me since it was work comp, at a scheduled appointment; his office perjured and said I failed to appear for appointment; I begged for help or at least a referral when they turned me away.

Webinar Ninja  Draft one  SURVIVING WORK COMP

Turns out, they were actually on what I later learned to be an MPN list…)  The rest of the blogs (https://askaboutworkerscompgravytrains.com/list-of-posts/ has the rest of the details; perhaps a law school may find it of interest; real lawyers don’t give a hoot, nor, apparently, do WorkComp Judges, complicit in the terrors I have experienced as a member of America’s Working Class, injured being a team player, kicked to the curb by the PROFITS BEFORE LIVES CROWD.

As many of you know, I am currently enrolled in the Coastline Community College State run ACQUIRED BRAIN INJURY PROGRAM.  It is a one to two year program, and it helping me tremendously, in learning compensatory skills, and in ‘resocialization’ — being in a community with other brain injury survivors is remarkable, and yes, we compare notes on the chicanery of the legal and insurance psychopaths—the stories are all quite similar.  We do need Nuremberg type trials, and this time, include the lawyers and their ilk.

I am learning a new software to compensate for cognitive impairments…. including loss of working memory…. I haven’t quite figured out how to get the images out of the software into the blog, so I have resorted to copy and paste.  I think you can see the big picture of what I am currently dealing with.  Future blogs may have better presentation, as I am currently studying how this software can make up for my loss of working memory.  It really helps me to see the ‘big picture’ again.

HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE
HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE

We are also learning about learning styles, and how our brain injuries impact our need to focus on strategies to be more “concrete sequential” in our new approach to life.  This software, with several other apps and devices, serves as cognitive aids.

My progress seems measurable, substantiated by the increase in blog views since June 2013…

Capture STATS  AS OF 7 24 2015  911 AM PDT

Bottom line, it’s just more dreadful fraud and legal chicanery.  I could just spit at the vileness of it all.  Anyway, If you have any suggestions on how to best approach the Judge.  I don’t really believe I can be compelled to participate in felony fraud in an ongoing workers compensation scam by  the defense firm and insurance carrier representing my employer, Wyndham Worldwide.

As many of you know, the medical care I have received, I have had to pay for myself, now exceeding over $43,000.  CNA refused to pay TTD benefits in 2012, shifted the cost burden to the State, then finally paid the State back in 2014, at a dramatic discount.  They said it’s legal because EDD “negotiated” a $49k payback to $31,000 payback.  I don’t think the State Controller knows, but lawyers and EDD tell me it “happens all the time.”  As a consequence, instead of “104 weeks of TTD” payable by Work Comp Carrier, followed by ” up to 52 weeks of State Disability” I got cheated out not only medical care that would have possibly facilitated return to work, but I had no income for months and months and months (translation; had to rely on Salvation Army for help!) but I got cheated out of the EDD “up to 52 weeks” and those funds went back to CNA for bottom line profits.

 

Capture ORDER TO COMPEL 1

.  .Capture ORDER TO COMPEL 2

It’s a brain storming tool, and helps compensate for impaired loss of working memory.

It’s a little embarrassing that I cannot figure out how to ‘export’ or ‘transfer’ this info as the software is designed to, but it does serve as an example of my creative work-arounds and compensatory strategies.   The outline text is below.

 

Remember, in my pre-brain-injury life, I was a Database Queen, I served years ago as an Executive Assistant to some serious Captains of Global Industries, and it took smarts and serious speed and cognitive functions to keep them organized, and my work included intense logistics, keeping them on meeting schedules, to private planes, yachts and limos, political events and more.  

So, when I read some of the fraudulent statements of some well paid insurance industry doctors, you might imagine how I could just spit at the audacity of these little thugs.  One government agent, as I told some of the tales of the corrupution and horrors I have been exposed to, asked, “How can they sleep at night?”  I said, “Psychopaths have no sleep problems.”

 

ORDER TO COMPEL  LIST

As many of you also know, I lost professional credentials due to the untreated brain injury.  I lost my Hawaii Real Estate Sales License, California Real Estate Broker’s license, and California Notary Commission.  While I have not hope to be able to restore my Hawaii license, I was able this year to reinstate my California Real Estate Broker’s license, and just yesterday, I took my Oath for my California Notary Commission.   Yes, I take my Oaths seriously, always have, always will:

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

OATH BEFORE ORDERS

 

Remember remember also….  All Nuclear Reactors Leak All of the Time

“Have a wonderful radioactive weekend and don’t forget to Dodge the Rads, it’s dangerous out there!”

WE ARE THE MEDIA NOW (2)

#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)

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