‘Wyndham  TIMESHARE SETTLES Brain Injury Case after 3.5 years for $3.5 MILLION’

Rock, Paper, Scissors!  ‘Balls, Boobs, Brains!’

 

“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!

 

rock paper scissors

 CNA / Grancell Defense Team apologizes for the misunderstandings and failures that preceded settlement.  CA ADJ8181903

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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.

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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….

 

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See details at https://askaboutworkerscompgravytrains.com/list-of-posts/   Someone else just recently did a blog on how #WorkCompsters value testicles over breasts. Astonishing!

 

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.

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Anybody with “Juevos” at CNA willing to step up to settlement?  Maybe somebody from Thomas Motamed’s office?

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For the record, treatments and evaluations provided by Grancell/CNA and self-procured are discussed in these blogs:

https://askaboutworkerscompgravytrains.com/2015/02/13/workcomp-evaluations-are-not-treatments/

 

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.

Stephen Hawking

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?

 

flag distress signal

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.
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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.
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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.
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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”
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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.
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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.
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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.
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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.
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“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/

 

READ THIS BOOK; SHARE IT WITH YOUR FRIENDS, NEIGHBORS, ATTORNEYS, DOCTORS AND SUPPORT GROUPS

 

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?

constitution  too long didnt read

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.

 

WWW MMM 13

#InjuredWorkersUniting #SilentNoMore #WOW

Ask About Brain Injury and WorkComp Survival Now!

 

WE ARE THE    MEDIA NOW

Ask About Workers CompGravy Trains

https://askaboutworkerscompgravytrains.com/list-of-posts/

 

LI MASTERING IT

WE ARE THE MEDIA NOW

EXPECT US

JOIN US

“I’ll Be Back” #InjuredWorkersUniting

How did I know that Coastline ABI Program was for me? There was No Place Left to Go!  #WorkComp is not an Exclusive Remedy.  #WorkComp is NO REMEDY AT ALL!

OccupyVirtuall!  99%
OccupyVirtually! 99%

“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/

Upon diagnosis of my brain injury, insurance benefits were cut off and all hope for medical care was dashed. After more than 2.5 years of muddling along on the California Worker’s Compensation and legal chicanery program of rest and wait and wait and wait, essentially without medical care and only sporadic ‘benefits’ and some assistance from The Salvation Army– my search for help became more diligent. A graduate of Coastline ABI, 16+ years post-injury, told me to ‘Get to Coastline, by any means necessary, immediately.’ That encounter was May 2014; by October 2014, I was gratefully enrolled in the Coastline ABI Program.

As another ‘High IQ TBI Survivor’ and based on my early research upon diagnosis, I discovered it was indicated how important interdisciplinary teamwork and treatment was for mitigating impairments that result from brain injury, since the brain is the Master Control Center.

Doctors recommended evaluations in the fields of neurology, neuro-optometry, orthopedic and MRI’s (basic and with a TBI protocol) and suggested chiropractic, acupuncture, vision, occupational and physical therapy, speech therapy with cognitive remediation, creating a ‘structured schedule’ and rest and wait and wait and wait.

The 8th largest insurance provider of the world’s largest hospitality company and their defense firm simply said no. My employer failed to intervene, the defense firm has used every means necessary to obfuscate facts and deny medical care. The carrier said they did not care that I had not received any medical care and in fact, their fraud department representative had the audacity to call on the phone and ask, ‘….So tell me, Linda, when ARE you going to die?’ (A medicated injured worker could be pushed over the edge by such a vile attack; a non-medicated injured worker might be inclined to FIGHT BACK. I am such a non-medicated Brain Injury Survivor.)

yoda readyOda (2)

The insurance carrier failed repeatedly to provide the recommended evals and treatments, so I read the reports and began to search out the right team of doctors, without help, and without insurance benefits, as my employee health insurance had expired, and return to work has been impossible to date. Perseverance is different from PERSEVERATING.

When I found a very knowledgeable neuro-psychologist, very familiar with head injuries, light began to glimmer down the tunnel. I obtained an MRI with a TBI protocol, and met with a terrific neurologist/psychiatrist at Scripps – Encinitas. His primary recommendation was “Embrace the New You” and when I sighed and whispered, “But I don’t know who she is, and she’s is not as fast or as smart as I used to be. They may have to rehabilitate me to become a neuro-scientist!”

WorkComp neurologists (2) suggested a) over the counter analgesics and b) that a woman over 35 with a closed head injury does not need any treatment, particularly since none was provided in the first 2 years. The WorkComp forensic psychiatrist, to support false allegations in order to deny medical care, also moved the date of injury from January 2012 to January 2013 in the report, and used medical records from 2012 to allege ‘pre-existing conditions.’ (These 3 doctors give a grave appearance of felony fraud, at the beckoning of the defense counsel, but that’s for another blog….and for the Department of Justice, perhaps. They were paid handsomely for their reports and supplemental reports (supplemental reports necessary due to the pattern and practice by defense of omitting approximately 300 pages of medical evidence to ‘defend’ the claim.)

The good and private (non WorkComp) neurologist recommended 3-6 months at the SCRIPPS Brain Injury Day Treatment Center or any of the various excellent programs that offer an interdisciplinary approach that includes speech, occupational and physical therapy. The insurance company agreed to 16 days, with an appeal for 8 more, then terminated the help. Granted, such help is most beneficial in the first months or years, and ‘RESTORATIVE” strategies seem limited so late in the ‘recovery game.’ That was more than 2.5 years post-injury.

In response to my suggestion that I may have to be rehabilitated and trained as a neuro-scientist, the Doctor quietly said that the full day 9th Annual Scripps Brain Injury Symposium was happening the following weekend, and that the audience is primarily doctors, military personnel, and other providers from interdisciplinary teams. He said I was welcome to attend. I attended. I met some brilliant and wonderful experts in the field of Brain Injury and Rehabilation from the medical and military and scientific communities. I also met a graduate of Coastline Acquired Brain Injury Program, who shared his journey, and encouraged me to get to Coastline, by any means necessary.

“Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” – Asvar

NAIDW TBI AWARENESS

While my employer has failed to provide medically necessary treatments, and has failed to intervene in the egregious breaches of fiduciary responsibilities to provide care and rehabilitation for a witnessed slip and fall backwards on ice in Big Bear, California, they did extend an employee discount so that I could stay in a Wyndham Worldwide Ramada Inn, with a wonderful, warm and welcoming staff, who seriously practice the Wyndham corporate policy of CountOnMe practices.

Brain cognitive interruption

#InjuredWorkersUniting #SilentNoMore …… the Compensatory vs. Restorative Strategies facilitated by the outstanding staff at Coastline is unparalleled. “I’ll be back!”