Nobody seems to listen, therefore, THE ONLY HOPE FOR INJURED WORKERS IS TO DO WHATEVER IS NECESSARY TO GET OUT OF THE SYSTEM…… IMMEDIATELY!
Do you/did you have a lawyer who said things like, “Most all of my clients lose their jobs, their homes and more while waiting years for medical care” or ‘Yes, we know the horror stories. They are typical.’
Do you know doctors who said/say things like, ‘WorkComp stories are all the same. Different faces, names and body parts and diagnoses, but denied medical care and denied disability benefits and pain medications and horror stories prevail. That’s why I can no longer accept Injured Workers in my practice. I can’t and I won’t.’
LET’S ORGANIZE TEAMS IN EVERY STATE OF THIRD PARTY MEDIATORS AND STRUCTURED SETTLEMENT PEEPS! EACH ONE WARN ONE THOUSAND!
GET OUT GET OUT GET OUT!!!! “The WorkComp Survival and Virtual Combat Skills and Strategies” course in development aims to assist injured workers in just that because for most injured workers, their attorneys have ‘thrown them under the bus’ or ‘served them to the industry on a tarnished platter.’
LET THEM DISCUSS THAT AT THE UPCOMING SECRET TRIBUNALS UNDER THE BANNER OF ‘NATIONAL DISCUSSIONS ON WORKCOMP!’
A few injured workers have blogs, some have video channels, others have books and others are simply dying quietly waiting for medical care, disability benefits, and medications for pain and suffering caused by botched medical procedures.
Many Injured Workers have expressed devastating and incapacitating fear of retaliation for telling their stories. Therefore, we are rethinking compilation strategies and may tell the collected stories anonymously, first, leaving doors open for further input, to protect the victims of Amercia’s Workers Compensation systems.
Third party stories told by WorkComp industry workers, also afforded anonymity, would be welcome, providing another degree of protection for victimized injured workers. CAN YOU HELP? WILL YOU HELP? IF NOT YOU, THEN WHO? IF NOT NOW, THEN WHEN?
If our friends abroad want their stories told in America, we welcome you. Your Struggle is Our Struggle and as we #OccupyWorkComp, Virtually, WE SHALL OVERCOME!
It looks like the “Industry Experts” are busy busy busy with more conventions and more studies to the ‘puzzling, baffling, mysterious and perplexing’ concerns about why Injured Workers in the United States of America are being denied medical care and benefits, why they are becoming permanently disabled in increasing numbers, why costs continue to shift away from Insurance Carriers. The only lessons they are probably studying is damage control from the 2015 series, FROM INSULT TO INJURY about The Demolition of Workers Compensation! Google it and review the letter from Congress the investigative reported apparently incited! Go ProPublica and NPR!
While ‘medical costs’ allegedly continue to increase, these “costs” are not typically for medical treatment, but merely for medical evaluations with intent to continue to deny medical care ‘by any means necessary.’ Many injured workers see it as a simply complex ‘money laundering scheme’ that should be of interest to the Department of Justice peeps. Many injured workers scream RICO RICO RICO…
“GET OUT OF THE SYSTEM BY ANY MEANS NECESSARY TO SAVE YOUR LIFE!”
These problems are not unique to Americans. The Canadians are experiencing the same issues, with some of the same carriers and like-minded legislators and vendors. The Australians have the same issues.
A recent industry article mentioned the ‘value’ of surveillance of Injured Workers. Oh my, tell that to Mayor Betsy’s Police Force in Fort Worth….remember the lady cop who was none too happy about being under surveillance for filing a work comp claim? Has anyone seen an update on the seriously injured cop in ICU that had a nasty visit from ‘Nurse Ratchet’ of ‘Corvel’ that made national headlines?
Does California needs to implement video recordings immediately for all medical/legal events? Does every state need to immediately implement video recordings, or just send in the National Guard to protect Injured Workers?
On the issues of surveillance, video recordings of medical evaluations can save lives and careers. Remember the win for the First Amendment in the Dr. Rosalind Griffin perjury allegations? A brave and courageous personal injury attorney went to bat for the Constitution and for his client with a brain injury in Michigan! Steven Gursten, an American Hero!
Google it too! Here’s one criminal defense blog on the typical IME sequence of events (and yes, video recordings apparently protected the innocent!)
PS Continue to DodgeTheRads! #OccupyVirtually! Remember Remember that March is Brain Injury and Fukushima Awareness Month! Radiation poisoning compromises immune systems, and much much more! Got Brains? #DodgeTheRads!
WORKERS COMPENSATION APPEALS BOARD – State of California
3737 N. Main Street, 3rd floor
Riverside, CA 92501
RE: ADDENDUM TO DOR AND OBJECTION TO PETITION TO COMPEL ATTENDANCE (sent yesterday)
Dear Judge Hill:
I pray the Court will finally intervene on my behalf, and on behalf of all American Injured Workers subjected to such abuses by the insurance industries and their goon squads.
Senator Fuller suggested that I take my concerns to the DIR, and the FBI suggested I take my concerns to the DOI. Been there, done that. There will be a special blog soon on how and which State Officials and Agencies and Legal Communities also fail injured American Workers, in this case and in others.
As I am preparing for your Court and re-filing all the medical/legal papers in my possession, in reviewing the Medical Index in use by the Defense, I noticed yet another omitted report dated February 6, 2015 from Dr. Hilda Chalgujian regarding these very subjects. It is a 2 page summary after a series of “discouraging” CorVel communications. DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)
I ask that you include this in your reconsideration of your order to compel me to see an Ear Nose and Throat doctor as well as yet another set of neuro-psych tests for a very well documented brain injury of 1/9/12, treated by defense primarily with a few chiropractic sessions, a few clinical psychologists in 2012, 2013 had some physical therapy, 2014 finally saw to some speech therapy, occupational therapy and more physical therapy and sessions with neuro-psychologist and a few acupuncture sessions. That’s hardly compliance with ACOEM, MTUS or even common sense.
Dr. Chalgujian’s initial report is approximately 40 pages, which includes her testing results and her comprehensive review of all medical records up to April 2014, when she agreed to begin to treat me. Defense had no neuro-psychologists and I had to make many calls to find a local brain injury expert, and Dr. Chalgujian’s name was constantly recommended. As a result, she agreed to treat me, then defense wanted her to do another evaluation, which she agreed to and provided.
Please note that the difference between Dr. Chalgujian’s reports and those of QME/AME doctors — Dr. Chalgujian does the testing herself, and writes the reports herself, and reviews all the medical records herself. I know of no doctor in the WorkComp system that does so — in fact, a few have admitted that their “well trained” (non-medical staff) write the expensive reports that that doctors just sign. I suspect most don’t even even review them, or if they do, I would have to further suspect how they made it through medical school.
I don’t know if Dr. Chalgujian has been paid for her reports or all therapy visits; I know that Defense has refused to reimburse me for even those medical miles (90 miles, round trip; weekly for a while; gas at approximately $4.00/gallon. I hope to meet with Dr. Hilda to discuss resuming treatment with her, either via my alleged Workers Compensation Insurance coverage, or via my Medicare policy, awarded through recent total disability designation by the Social Security Administration.
If CNA continues to refuse to provide estimated Permanent Disability funds (they have breached the Law repeatedly on refusals to pay TTD as well, so there is no reason for me to expect right action or legal compliance at this stage either) , with penalties, and if WCAB allows them to continue all these atrocities, then I will be unable to continue at the Coastline Acquired Brain Injury program in Newport Beach — the lodging, travel and meals out are too expensive and I don’t know how I am to survive on the SSA award income.
Without completing the Coastline program, and dealing with the vision and auditory processing issues, speech and vestibular issues and other yet unknown issues (EEG scheduled for next month, self-procured, because CNA doesn’t apparently think they are valid for brain injury diagnosis, nor have they provided MRI’s) I don’t know how I will ever be ready for a trial return to work.
If I am unable to return to Coastline 8/24/15, my entire support system will break down, leaving me somewhat defenseless and could cause a loss of all the progress I have made in learning compensatory strategies.
Neuro-vision evaluations and vision therapy, acupuncture, Brain MRI’s (2012, 2014) as well as scientifically based functional neurology treatments have been self-procured since carrier’s callous disregard for law and life is indisputable; in October 2014, a State run program, the Coastline Acquired Brain Injury Program at Coastline Community College, best in the nation for people with disabilities and more, has also been self-procured.
How is this and EXCLUSIVE REMEDY when doctors are simply paid to write reports with recommendations for treatments that are ignored, then the select few doctors write clearly false reports at the beckoning of the defense, and the defense churns the file for billable hours, shifting cost burdens to injured workers, State & Federal Tax payers?
With the thousands and thousands and thousands of dollars the defense has paid for reports – false and otherwise – a fraction of those monies spent on medically necessary care might have helped me heal, and perhaps returned to work at any point along the way. I have SPENT more than $43,000 to-date to survive these atrocities.
How many thousands of dollars has the defense laundered through how many unclean hands to cause such harm to me, and Injured Workers like me? “Follow the money. Always follow the money.”
“Compel” the defense to identify what TREATMENTS they have provided; I CAN PROVIDE A LIST OF ALL RECOMMENDED TREATMENTS THAT THEY FAILED & REFUSED TO PROVIDE SINCE DATE OF INJURY.
COMPEL THIS! WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy
Is it time for more serious discussion about THE DEMOLITION OF WORKERS’ COMP? ProPublica peeps have just discussed the tip of the iceberg….Write on Michael Grabell and Howard Berkes! Keep involving the industry experts…..shatter their delusions.
Let’s do something good for America, your Honor.
Hold these insurance companies and their defense firms accountable for their actions, and do what you can for some house cleaning at 3737 North Main Street.
Thank you for your consideration and an expedited hearing. Mediation might be a good idea to save the Court some bother, wouldn’t you agree? It would be great if a representative from the Corporate Fraud Unit of the Office of the District Attorney could be invited to observe and review.
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
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.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
Hey Fred… One of the work comp doctors suggested that if I have human rights violation complaints that I take it to The Hague.
I have no idea how to do that, but if we can find a way ….are you in, and do you think we can find a bunch of Canadians to join a bunch of Americans to expose fascist criminals?
Doctor’s Trials for the 21st Century #NouveauSonderkommando#NouveauNazis. I hear we may need citizens tribunals as a first step and I think Americans would have to help the Canadians and the Canadians might have to help the Brits the Brits might have to help the Aussies who might in turn have to help the Americans…..
I will be publishing a list of all the doctors that I have been exposed to, all who have profited by reports they have generated… Reports that have been good bad ugly truthful and fraudulent… I won’t separate them out yet… But if they touched my case they need to be named. The innocent will rise to the top and the proper authorities can sort them out.
I am only three and a half years into this fight for my life, along with the lives of others injured workers around the world… maimed harmed tortured and prematurely killed by these creatures.
In your experience do you know of any other workers who have attempted citizens tribunals, in what countries, and with what success if any? WORKcompLINDA@GMAIL.COM
I don’t believe there are any attorneys or agencies in the United States of America who will help us… They would have done so by now.
What do you think?
PS Must absolutely include the Lawyers and all complicit that appear to be leading the raids and terrorism practices…
The report shows that Travel & Tourism comes third out of the eight researched sectors, after retail and agriculture. The industry supported 277 million jobs in 2014, which is 9.4% of world employment.
With 105 million people directly employed in 2014, the industry globally employs:
7 times more than automotive manufacturing (14 million)
5 times more than chemicals manufacturing (20 million)
4 times more than banking (27 million)
4 times more than mining (27 million)
2 times more than financial services (59 million)
According to the report, Travel & Tourism is the second-fastest growing sector globally. Forecast to grow at 3.9% per annum over the next ten years, this industry’s growth will outpace the global economy, which is estimated to increase by 2.9% per annum over the next decade.
The research shows that Travel & Tourism, generating US$ 7.6 trillion in contribution to GDP in 2014, is the fourth largest sector after mining, financial services and retail respectively.
[Emphasis added by blogger to highlight that this industry fails to provide medically necessary treatments to injured workers and is complicit in bullying and terrorism of injured workers by refusal to manage their agents of workers compensation insurance, giving the appearance of collusion with intent to maim and cause permanente disablities to workers over the age of 35, injured on the job. Note that RCI is one of the very many Wyndham Worldwide companies; see also LINDA AYRES VS. WYNDHAM WORLDWIDE ET AL ] https://askaboutworkerscompgravytrains.com/list-of-posts
“….It might be paranoia, but the suspiciously coincidental release of the highly critical ProPublica/NPR report and the equally scathing OSHA report on workers’ compensation raised many eyebrows in the industry. One only need review the titles of these two reports to get the gist of their content. The ProPublica report, entitled “The Demolition of Workers’ Comp”, was the first in a series of articles looking at many “worst case” scenarios within the comp system. The OSHA report title, “Adding Inequality to Injury: The Costs Of Failing To Protect Workers On The Job”, pretty much says it all regarding the intent and outcome of the report. This balanced work, produced with our tax dollars, and using wholly scientific phrases such as “Statistics are People with the Tears Washed Off”, eviscerated employers and workers’ comp, alleging that we essentially renege on up to 80% of injury costs across the nation….” READ THE ENTIRE ARTICLE HERE:
INJURED WORKER’S COMMENTS ON BOB’S BLOG:
Wouldn’t it be great if the feds… Including but not limited to the Department of Justice and the FBI would commence investigations into the criminal corruption that permeates the work comp industries, maiming and further injuring the workforce and shareholders, for the profits of the few, causing permanent disabilities, then shifting the costs to the Federal agencies?
Or, as a WC Doctor suggested to an injured worker, ‘If you have Human Rights Violations Complaints, take it to The Hague’ — caching! $7k for a false report to deny medical care. Ditto for two peers with QME designations.
Because of the work comp system, and SS type policing policies and how it overlooks crimes against injured workers nationally, I am now permanently disabled, also with thanks to their failures to treat combined with bullying and terrorism for more than three years.
Super Lawyers have assured me that my case is very common. Demolition of work comp is happening, and the investigators at ProPublica and OSHA have just scratched the surface of the corruption. They need to dig deeper, and the feds need to help. Yes, trials for the #NouveauSonderkommando are over due, imho.
TAKE IT TO THE HAGUE?
LOOKS LIKE THERE MAY ALREADY BE GLOBAL INTEREST
READERS OF ASK ABOUT WORKERS COMP GRAVY TRAINS ARE FROM THE FOLLOWING COUNTRIES:
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….’
#WorkComp legal chicanery comparable to ‘a strip search in a fascist gulag?’ Hint: Totalitarianism
#GrandWorkCompFraud! No Exclusive Remedies! No Remedies at All. Pure Chicanery.
MARCH IS #BRAIN INJURY AWARENESS MONTH…. What did YOU learn this month, so far?
If it’s a work injury, prepare for the fight for your life, and hope somebody will help you. Upon diagnosis of brain injury, it seems to be an insurance industry trend to immediately terminate benefits and begin a covert theme of terrorism—medical, mental, financial…. and they reap thousands of dollars in profits for their crime gangs. Can the DOJ really just continue to look the other way? America! America! We are witnessing the collapse of an Empire…. couldn’t be more timely, huh?
MARCH IS ALSO #FUKUSHIMA ELE AWARENESS MONTH…. What you don’t know, will indeed kill you. Start with the Science, 1,946 known lethal isotopes. Wishing all the #WorkCompsters very interesting outdoor living.
DEFENSE ATTORNEY JUST DOING HIS JOB/JUST FOLLOWING ORDERS?
“The more I think about this legal chicanery… and the defense’s new demand for access to 25 years of medical Records, when they have ignored medical evaluations, recommendations and requests for treatment for the past 3 plus years, it sort of feels like a quote strip search unquote in a fascist gulag.”
Remember when the Insurance Carrier’s rep called from Chicago and the phone conversation about denied medical care concluded abruptly with his question, “….so, tell me, Linda, when ARE you going to die?” Bullying? Harrassment? Threat?
Totalitarianism is a political system in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible.
IS PRIVACY DEAD? Did she reallly compare #WorkComp legal chicanery to ‘a strip search in a facist gulag?’
Remember remember….. All Nuclear Reactors Leak all of the Time…. and #Fukushima is NOT a Leak either….
All this for an untreated observed slip and fall backwards on ice at Wyndham Worldwide WorldMark Resort in Big Bear, California at approximately 8 am on January 9, 2012. Wyndham had absolutely no WorkComp policies and procedures in place, did not call 911, did not offer a ride to a hospital, in fact, insisted that work shift be completed, and then was told to “see any doctor that takes work comp insurance” and proceed to drive down a snowy icy mountain road.
CAN YOU SAY CORPORATE IRRESPONSIBLITY? AND THE CASE IS RIDDLED WITH MIS-STATEMENTS WITH INTENT TO DENY MEDICAL CARE, FROM FALSE ALLEGATIONS THAT NOTICE OF AN ALLEGED MPN WAS PROPERLY SERVED, TO EGREGIOUS AND TERRORISTIC FAILURES TO PAY DISABLITY BENFITS, DESPITES ORDERS FROM THE COURT. NOW THEY WANT TO LOOK BACK 25 YEARS AND SEE IF I CONKED MY HEAD? A JURY SAID THERE WERE NO INJURIES IN THAT DISCLOSED ACCIDENT…. HARD TO FIND COMPETENT ATTORNEYS IN CALIFORNIA, HUH? CHURN, BABY, CHURN.
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?