Tired of Fighting #Workcompsters– Will you take it from here for a while?

Honorable Judge Robin Woolsey

Divison of Workers’ Compensation
Workers’s Compensation Appeals Board
RIV – ADJ
3737 Main Street #300
Riverside, CA 92501
Re:  Request for ADA Accommodations and Change of Date of Hearing
Dear Judge Woolsey:
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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.
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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.
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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.
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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.
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“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.
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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.
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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.)
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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.
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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?
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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?”   
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CNA Brain Injury Treatment Kit

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Your honor, I think there should be some investigations and arrests regarding my case, don’t you?
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BACKGROUND:
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.
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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.
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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.
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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.
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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.
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I HAVE A BRAIN INJURY, WITH SPEECH, VISION AND AUDITORY IMPAIRMENTS.
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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.
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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.
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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?
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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.
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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.
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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.
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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.
 linda ayres says JOIN ME ON TWITTER
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.
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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.
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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.
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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.
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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.
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CONCLUSION:
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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.  
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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.
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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.
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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.
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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”.
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Thank you for your patience and consideration.
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Linda Ayres, REPRESENTING MYSELF
ADJ8181903
PO BOX 835
YUCCA VALLEY CA 92286
f:  760 418 8383
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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.
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Distribution:  I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING DISTRIBUTIONS TOOK PLACE ON 3/23/15, IN YUCCA VALLEY, CALIFORNIA 92286     LINDA AYRES
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Senator Jean Fuller  FAX:  16613230446
Jennifer Lentz Snyder – LA DA JSnyder@da.lacounty.gov
Employer Fraud Task Force – fax: 714 637 3350
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Nicollette Zumaya – WCAB Disability Accommodations Coordinator fax 951 782 4114
Fred Sachs – CNA Claims Plus  fred.sachs@cna.com
Shane Riedman – CNA Fraud Unit shane.riedman@cna.com
Michael Dougherty -Wyndham Risk Manager  michael.dougherty@wyn.com
Mary Falvey – Wyndham EVP  mary.falvey@wyn.com
Tina.Jordan – Wyndham Regional HR Manager  tina.jordan@wyn.com
Jerrell Stark – Wyndham Regional Recruiter jerrell.stark@wyn.com
WVO Leave Support Center  – wvoleavesupportcenter@wyn.com
Kim Mall – Grancell kmall@grancell-law.com
Stewart Reubens – Grancell  sreubens@grancell-law.com
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Life with TBI is so

PS  Anybody else wonder why federally mandated, grant funded DISABILITY RIGHTS CALIFORNIA’s PATBI PROGRAM, Protection & Advocacy for Individuals with Traumatic Brain Injury program EXCLUDES INJURED WORKERS?

www.disabiltyrightsca.org 

CAAA looks the other way.  So far, the offices of the DA have the looked the other way.  DIR and EEOC refer back and forth to one another… My My….. Ain’t it a crying shame.

Is that more of the #GrandWorkCompFraud and Exclusive Remedies deal?

must find accurate news source  media

WE ARE THE MEDIA NOW

#WorkComp #CashCows #MOOOOOOOOOVE! SHARE THIS!

“I think you have met many people in the Workers Compensation community in the last couple of years and perhaps have met some people who you feel could give you advice that you can trust.” –  Anonymous Defense Attorney

See suggestion below made by defense counsel to injured worker with untreated TBI and a completely churned file, for the profits of the few.

Even if CNA is not your #WorkComp Carrier, you may find their practices “of interest.”

Per attorney’s suggestion, your advice is immediately requested.  Time is of the essence.

Write to Linda directly at wynLINDA@gmail.com

or call at 760 368 7236

if you can help or are in the same canoe

 

DEFENSE FIRM SUGGESTS THE FOLLOWING, SINCE, APPARENTLY, NEARLY 3 YEARS OF FAILURES TO PROVIDE MEDICALLY NECESSARY TREATMENTS DID NOT RESULT IN A CONVENIENT DEATH TO INJURED WORKER, WITH PLAUSIBLE DENIABILITY, SO PERHAPS A COURT-APPOINTED ‘CONSERVATOR CAN BE PREVAILED UPON TO COMPLETE THE JOB?  

IS THAT WHAT HE IS SUGGESTING?  DRAW YOUR OWN CONCLUSIONS.  REMEMBER REMEMBER, EVERYTHING HITLER DID IN GERMANY WAS ‘LEGAL’…TILL NUREMBURG!  

WILL THE DOJ, DOL, EEOC ETC COME TO THE AID OF INJURED AMERICAN WORKERS?  WE CAN HOPE, HUH?

 

“By the way, if you were interested in hearing my idea of the other day, it would have been easier to tell me you were interested and want to hear more rather than send emails to other parties.”

“My suggestion is based on my perception of your inability to navigate the workers compensation system and make decisions for yourself in this arean.”

“As I told you the other day, I don’t think you have the capacity or ability to move your case through the workers compensation system to your maximum benefit. I don’t know why this is.”

“I think if the doctors who are treating you are in agreement that you are unable to make appropriate decisions for your own benefit in the workers compensation system;”

“If the judge feels that according to the doctors opinions, you are unable to make appropriate decisions for your own benefit in the workers compensation system,”

“then it is possible the judge would order a trustee or guardian who would make all appropriate decisions for you.”

“The person would be an individual selected by the judge unless there is somebody you would want to have this position”

“If that person were an attorney, then my client would have to pay that person for their time and effort. Such fees and costs would be awarded by the judge.”

 

“There are both benefits to you in this potential option and there are also detriments.”

“I am not your attorney so I cant and wont give you legal advice as that would be a conflict for me”

“I think you have met many people in the Workers Compensation community in the last couple of years and perhaps have met some people who you feel could give you advice that you can trust.”

 

wpid-wp-1416110643811.jpeg

TIME IS OF THE ESSENCE.  THIS IS NOT AN UNUSUAL SITUATION.

America needs #WorkComp #TortureReports Now!

the game is rigged

IT IS THE STANDARD PATTERN OF PRACTICE of #WorkCompWar and Terrorism on Injured American Workers.  Canada seems to have similar problems, as does the UK.  We all know that the Yakuza runs things in Japan, to keep the show going for the unsuspecting global public with ‘Fukushima Clean Up Crews.  America? America?

BUT FIRST, LET’S SEE WHAT TREATMENTS HAVE BEEN AUTHORIZED compared to what NIH, MTUS, ACOEM and professionals with brain injury expertise recommend?

wc mtus acoem cna

Traumatic Brain Injury Information Page: National Institute of …

http://www.ninds.nih.g

National Institute of Neurological Disorders and Stroke

Jul 22, 2014 – TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a….

#CNA, a global insurance carrier with a CEO earning more than $10.7 million a year off such things as InjuredWorker CashCows (follow https://twitter.com/CNA_Insurance) did authorize the following ‘Brain Injury Treatment Kit,’ partially delivered by USPS,  requested by two different Orthopedic Surgeons.
CNA Brain Injury Treatment Kit
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Note: Physiatrists, Neurologists, Neuropsychologists, Speech Therapists, Neuro-Optometrists, Occupational Therapists, etc. are apparently not part of the CNA arsenal for insured to aid recovery and return to work.  Oh well, they tried with this kit, huh?
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Are there any professional opinions on how to use an ultrasound for brain injury, and any caveats on lobes?  OK to use with all lobes?
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In 2012, it did not come with any instructions for use on neck/back or brain.  The drug recommendations included ‘stomach acid’ medication, and some special very expensive cremes. Again, any brain injury experts are invited to weigh in on the CNA Guidelines for Treatment of Brain Injuries.
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OTC counter analgesics also recommended.  The WC evaluating doctors suggested that since no medical care had been authorized in the first two years, and that the injured worker was female, over 35, that none should be authorized now.  Same doctor was unfamiliar with the concepts that occipital lobe is involved in vision, not just the eyes.
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Further to CNA Treatment Plans for Brain Injury:

Year One – Rest and Wait and Wait and Wait; 17 chiropractic, 14 clinical psych, about 30 gravy train evals, ignore all recommendations for treatment.
Year Two – Rest and Wait and Wait and Wait; 6 chiropractic, 6 acupuncture (Court Order required to scheduled)
Year Three – 24 days of a recommended 3-6 month indisciplinary TBI treatment program to include speech therapy, occupational therapy, physical therapy and Interdisciplinary Process interaction for Return to Work Planning (pay for RTW component, refuse to participate, then terminate treatment as ‘good ’nuff’)
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Another doctor simply diagnosed probability of non-industrial epilepsy in lieu of witnessed slip and fall. Huh?  Those were very expensive medical reports reviewed to continue denials of medical in year 2, and required 2 days in Court for a Court Order to have Defense firm add approximately 300 pages of omitted medical records for supplemental reports.  No sanctions, just a reminder to not omit records again with intent to deny medical.  That was summer; the serial omitter struck again in December.
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The CA DIR Fraud Warning is issued annually in October, there is no enforcement so defense firms do whatever is necessary to deny treatment and keep the gravy train moving?
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Those 2013 reports are to be used in determining Permanent Disability, and it makes no difference that a few industry leased/owned doctors changed the date of injury to 2013 from 2012, in order to use medical reports of 2012 to substantiate ‘evidence of pre-existing conditions.’  When the reports were objected to and corrections requested, they simply changed the date of injury back to 1/9/12, but did not change the conclusions.
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CNA refused to pay TTD to injured worker in 2012/2013, which cost burden was shifted to the State of California.  In 2014, the issue came up again, and CNA was a offered, apparently, a negotiated bonus of approximately $16k for refusing to comply with US Labor Codes.  On appeal, a Judge ruled that it was not the InjuredWorkers money (so it must have been State Coffer money given to the Chicago firm for violations).
 social media mind mapsNAIDW TBI AWARENESS
Social Security Disability acknowledges the brain injuries and after the mandatory 2 denials, pending hearing, they have advised that a fully functioning brain is not necessary to sell WyndhamWorldwide TimeShare.
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Interesting, huh?  Hearing still pending.  No treatment, no interactive process for return to work, no income…….. what a machine, huh?
never forget that everything hitler did in germany mlk hitler germany following ordersONE PERCENT  99 PERCENT

 

More information about Traumatic Brain Injury (TBI) Research is available at:  http://www.ninds.nih.gov/research/tbi/index.htm

More information about CNRM clinical studies is available at: http://cnrmstudies.org/

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  • What it also brought to mind was the Makana song of 2011….
  • LISTEN UP, PEOPLE, THERE’S A TRAIN A COMIN…..

makana

 

“THE TIME HAS COME FOR US TO VOICE OUR RAGE….”

 

OCCUPY VIRTUALLY…..RADIATION EVERYWHERE!!!
Think Locally Act Globally Occupy Virtually

Remember this from 2011? Makana sings Occupy protests songs to President Obama … Was just thinking about #WorkComp #TortureReports

WE ARE THE MANY – MAKANA
https://www.youtube.com/watch?v=xq3BYw4xjxE

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