Corruption Task Force and WCAB Audit Units can help? Maybe so!

Dear Stuart, Fred, Tina and Mike:

[Grancell, CNA, Wyndham]

cc:  “Supplemental People”

 

Subject: LINDA AYRES VS. WYNDAHM WORLDWIDE RETURN TO WORK, FEHA INTERACTIVE PROCESS MEDIATION SETTLEMENT ETC Fwd: PD & TTD Benefit Printouts – Linda Ayres
Date: Wed, Sep 2, 2015 10:34 am
Did you see the news of the big Palm Springs DA/FBI Corruption Task Force Fraud bust?  CORRUPTION TASK FORCE RAIDS PALM SPRINGS CITY HALL  The FBI and the District Attorney’s Office are involved in the probe.  It’s apparently still in progress!  Hooray for the agencies!  Finally putting those fraud busting millions to use!  Did you see the powder keg DIR Director Christine Baker lit last week?  Mercy….some question her allegiacies, huh?
GRAVY TRAIN WRECK

 
Summary:
1. MMI and Future Medical Reports & Personal Assistant now; Independent/Assisted Living, Memory Care for future
2. Trial Return to Work since I don’t get to complete Coastline Acquired Brain Injury Program thanks to file churning, refusals to mediate in June/July/August and Court delays and income issues and more]  Nobody has responded to my inquires about if you need any thing else from me.  Tina kept asking for a doctor release. I think you have it…that MMI says this is as good as it gets.  Well, let’s make some lemonaid.  SSA preliminary staff says you don’t need brains to sell timeshare.
3. Mediation or Settlement Offer (your turn, or pass again)
4. Actual vs. Reported TTD and PD benefits (and fines and 25% penalties per incident for failures to pay)
5.. SSA needs accurate benefits report from CNA  Was it $87,422.04, $82,092.04, $49,899.12, $47,252.31, $49,393.52 or some other number?  (see below)
6.. The reimbursement to EDD with the nearly $20K discount for refusing to pay TTD in 2012/2013 does not count as money given to me; apples and oranges; of that..  let’s look together, details below:

To Whom It May Concern: Just so you know, my outrage is not because I have a brain injury, my outrage is because so many people of the WorkCompsters ilk have profitted by FRAUD causing egregious harm to me, other injured workers like me, from doctors, lawyers, judges, politicians and agencies of the US government–by their total disregard for Civil Rights and all things American. The “Naughty & Nice Lists” are being collected by WorkCompCentralProPublica NPR and me and my fellow Injured Workers. Expect Us. Join Us.https://lnkd.in/bMvk4n8 #WATMN

 
$  77,821.38 [total paid by EDD  $49,422 for 2012-2013, and in 2014, 
after reimbursement of $31,400 from CNA, EDD paid IW approximately $21,000  of the $31,654   
(did EDD get $31,400 or $31,654?  who knows? and they still have a $1,500 lien?
with final payment 7/25/14]   CNA reimbursed $31,400 of the 49,422 that EDD paid 2012/2013
(amounts are stated differently by all sources)  Who’s on First? What’s on Second?
 
WC SHELL GAME TIMES HOW MANY INJURED WORKERS

 
You received the MMI medical report from Dr. Hilda Chalgujian last Friday, August 28, 2015 and on Monday, September 1, 2015, you received a further report from Dr. Chalgujian regarding future medical needs.  I have asked Wyndham Worldwide for the dates of the upcoming sales training and to commence the ADA required interactive process to explore trial return to work.  I have also restated my desired accommodations and I have asked if any thing else is required of me.  I have heard nothing.  
 
Because of what appears to be inaccurate reporting by your client to and with EDD and WCAB regarding actual monies paid to me, there is extreme confusion regarding my Social Security Disability Benefits, causing further audits of amounts paid and due.  
 
I did receive yet another print out from CNA (thanks, Fred)  but the numbers are different from other numbers I have received, EDD has received, and apparently those reported to WCAB.  (Copy attached; maybe respective numbers people can take a look and sort it out; the Advocator has not been able to, Matrix was also confused last year and I need to follow up with them since they demanded pay back due to information somebody gave them about income I was allegedly receivig but did not; this current CNA print out supports that.)  (Did anybody ever figure out yet why SSA thinks I’ve been receiving an disability benefits since May 2014?  Much less, they are alleging approximately $4k a month is being received? Yikes!  Gotta find out where that money went don’t we?  I did not come to me!  I have some uncashed checks for evaluations that have not been attended, and those checks will have to be replaced if we ever to Court on seeing an Ear Nose and Throat doctor for my brain injuries!)
 
As another adverse consequence to me, upon the threat by SSA of termination of all income benefits in November, I was unable to continue to complete the Coastline Acquired Brain Injury Program.  I did ask CNA to help with lodging and I would pay (as I have done thoughout) the meals and miles.   I am, as you know, out of pocket more than $43,000 to date because of your client’s patterns of continuous harm and failures to provide either immediate or further discovered necessary medical care.  If you recall, I was not provided transportation to as much as an urgent center, in fact, I worked my full shift and somehow drove 60 miles after work down an icy mountain to see the first doctor, per management instructions, who “would accept workers compensation insurance.”   My confusion and disorientation and inability to speak as I used to be able to got worse.  You know the rest of the story.
As it appears now:  (text from blog: https://askaboutworkerscompgravytrains.com/2015/08/30/3-of-3-workcomp-magic-money-math-or-follow-the-money-on-the-workcomp-gravy-train/)
It is unclear to everybody how Social Security Administration came up with the numbers for their calculations, and what sources were used.  As is apparent here, CNA is all over the place with how much they paid and when.  CNA has not paid any penalties to date for delays in payment, which are apparently substantial consider refusal to pay TTD through most of 2012  (4/16/12 – 2/14/13, with last payment being 5/8/14 in the amount of $1,298.82, issued 5/7/14)
 do it
EDD PRINT OUT SAYS THEY PAID 938 DAYS AND THAT WC PAID 509 DAYS FOR A TOTAL OF 1,447 DAYS FOR A TOTAL OF 127,214.90 FOR A TOTAL BETWEEN EDD AND WC FOR 1013 DAYS.  MAKES SENSE SO FAR?  YEAH, TO ME EITHER.
EDD says here EDD paid 77,821.38
EDD SAYS WC PAID IW 47,252.31
WC SAYS HERE PAID IW 49,393.52
CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.
CNA “Total WC Ind to Date””
C N A “Total WC Ind to Date”
 $  31,400.00  10/19/14 CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.
 $  22,118.00 7/3/2013 Total WC ind to date
 $  42,899.12 2/28/2014 Notice of termination of benefits; last check was 2/12/14, when “Total WC ind to date” was $42,899.12 — approximately 40 weeks
4/21/2014 “Notice of TTD Resume for 2/14/14 – 4/24/14 @ 649.41 ” w/check for $6494  issued 4/18/14 and a check for 4/25/14 – 5/8/14  for $1298.82 on 5/7/14
 $  82,092.04 5/8/2014 C N A issues another ‘notice of payment termination, again alledging “104 weeks of payments  paid 1/9/12 – 5/8/14 @ 652.15/week for a new total of $82,092.04
LAST PAYMENT ISSUED  5/7/14 for $1298.82
11/3/2014 PD Disability status – repeated refusals to provide estimate PD benefits or advances
 $  87,422.04 1/50/15 PD advance on estimated PD to help get TBI treatment, $5,000, subrogated to LTD carrier, new total paid stated as $87,422.04
WOW, REALLY?
So, please sort out what was actually paid to me by CNA, would you pretty please?  Was it $87,422.04, $82,092.04, $49,899.12, $47,252.31, $49,393.52 or some other number?  Please send proof of payments also, as it will be necessary to forward to SSA and WCAB Audit Unit.
 
There are also unpaid late fines and penalties due for failures to pay TTD, and failures to reimburse medical miles dated back to 2012, fully documented on the premature C&R proposed that included payback had I been willing to quit my job, forfeit any future medical, promise not to file for Social Security Benefits and worse. There are also fines and penalties for failures to pay medical expenses.  That is not the spirit of the Workers Compensation laws and the Labor Codes.  Actually, the 2012 attempt to coerce premature settlement once the brain injury was diagnosed and Kim Mall and Daniel Elliott obstructed every effort to get medical care and more complete diagnosis sounds pretty predatory and probably quite illegal.
 
Bottom line, as I told you all, due to the financial terrorism and refusals by CNA to pay TTD benefits, last year I was forced to apply for social services welfare, and the Salvation Army helped me keep my lights on.  I’m not doing that again.
 
This is America, and we have laws.  While I am not an attorney, attempting to represent myself despite my brain injuries due to the Ethics Violations of the prior attorneys that handled my case so poorly, I DO KNOW THE DIFFERENCE BETWEEN RIGHT AND WRONG, LAW AND ORDER

 

OccupyVirtuall! 99%
OccupyVirtuall! 99%
 
So, let me know how we proceed with return to work.  I’m not going back to social services for welfare money because so many people profited by my injuries and now I am no longer a profit center for same.   The District Attorney and FBI Corruption Task Fore has just shut down Palm Springs City Hall, and Wyndham has many properties in the area.  Let’s hope the alleged Wyndham WorkComp collusion/corruption finally makes it to their radar also.
 
 
I will be in Palm Springs and Rancho Mirage  this afternoon, doing some research into Independent and Assisted Living communities, that also have Memory Care services.   As Dr. Chalgujian’s report indicated I could certainly benefit from 8-10 hours of personal assistance, if you could organize that now, it could help me expedite return to work tasks.
 
Many thanks.  Let’s get going, we don’t want this file to churn several more years, or do we?    As mentioned on voice mail to Fred, if you all want to make a settlement offer, I have someone who will review it with me whose opinion I respect.  He doesn’t think you have any interest in settling, nor do I, so let’s get me back work.   We won’t know if I can do it till we try, and I am most willing to try.
 
Thanks a bunch.
 
Sincerely,
LINDA AYRES, IN PRO PER
lindaayres@aol.com
workComplinda@gmail.com
 IMG_0858
—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>Cc: Linda Ayres <reolinda@aol.com>
Sent: Sat, Aug 29, 2015 1:28 pm
Subject: Fw: PD & TTD Benefit Printouts – Linda Ayres


InjuredWorkersUniting;
Silent No More


-----Original Message----- From: "Walker,Mary F." <Mary.Walker@cna.com> Date: Fri, 28 Aug 2015 14:18:47 To: 'lindaayres@aol.com'<lindaayres@aol.com> Cc: Sachs,Fred<Fred.Sachs@CNA.com> Subject: PD & TTD Benefit Printouts - Linda Ayres Forwarding on behalf of your Adjuster - Fred Sachs PP - Permanent Disability benefits paid to date TT - Temporary Disability benefits paid to date “Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there!” – Bob Nichols, VT

WE ARE THE MEDIA NOW (2)

2 of 3 WorkComp MAGIC Money Math or FOLLOW THE MONEY on the WorkComp Gravy Train

xmas naughty or nice

WorkCompCentral 4th Annual CompLaude Awards Gala is coming up…. Mark your calendar for Saturday, December 5, 2015.

BTW, August 31, 2015 is the deadline for submissions of YOUR nominees for the WorkCompCentraCompLaude Awards. After the recent news about Director Christine Baker, it seems that the need for your to dig deeply into your database to find good people doing good stuff in America’s work comp system has never been greater.  Here’s the link again.

On the who’s been naughty and who’s been nice, WorkCompCentral has the ‘nice” list being covered, and looks like ProPublica and #InjuredWorkersUniting will simply have to continue cover the ‘naughty’ lists and enlist support, #TEO!

CompLaude 2015 Nominees

For Injured Workers, the need has never been greater for us to tell our stories. We need a #CommitteeOfBloggers.  Tell your story to the good peeps at ProPublica…..they may not be able to get the whole truth out there, but they’re doing a damn good job creating some cognitive dissonance.   Look ’em up under The Demolition of Workers Compensation and find the link to SHARE YOUR STORY aobut “What Happens When Americans are Hurt on the Job? Help ProPublica Investigate” because, afterall, WE ARE THE MEDIA NOW.   #InjuredWorkersUniting  #SilentNoMore.

xmas naughty or nice

HAVE YOU BEEN ALSO BEEN CHEATED OUT OF DISABILITY BENEFITS AS WELL AS DENIED MEDICAL CARE FOR YEARS, CAUSING PERMANENT DISABILITIES TO YOU, TOO?   WE’RE NOT ALONE.

NAIDW 54 million plus

BUT WAIT! THERE’S MORE!   AM I MISSING SOME CALCULATIONS HERE??!!!  NOBODY AT EDD/SSA/CNA/MATRIX/ADVOCATOR/WYNDHAM SEEMS TO BE ABLE TO HELP OUT EITHER.  IT’S IN THE ‘TOO HARD’ PILE EVERYWHERE….

The skewed and repeatedly mis-stated numbers have Social Security Administration in a super quandry over retroactive Social Security Disability benefits.  First, they sent $_____________ to a dead bank account, and the Treasury Department kindly intervened.  Then they sent a letter saying, whoooops, miscalculated, send us back $______ (more than the original amount) within 30 days, or else we’ll terminate all your benefits, but you can appeal it.

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Then it was discovered they generously overpaid the law firm by $1,500 which was reimbursed immediately in June back to SSA, but SSA had apparently just processed that repayment, so they sent a follow up letter acknowledging the reimbursement and reduction in the demand for funds from Injured Worker by same amount.

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Weeks have passed and SSA has been unable to return calls to the Advocator handling the case.  The time to appeal is fast approaching, hence, this outreach via the internet.  ARE THERE ANY FORENSIC ACCOUNTANTS OUT THERE?  OR CAN THE STATE CONTROLLER’S OFFICE HELP?    (3 OF 3 WILL FILL IN THE BLANKS ON AMOUNTS FOR SSA/EDD/CNA FIASCO…IT’S A TOUGH SHELL GAME TO FIGURE OUT—–> PARTICULARLY WITH A BRAIN INJURY.

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I JUST KNOW IT AIN’T RIGHT….  and it’s in the “too hard” pile on too many desks, another example of ‘obfuscation of facts’ with intent to deny benefits and further harm injured worker?  Sure looks like it, huh?  Not even experts can sort it out.

SOCIAL SECURITY FOLLOW THE MONEY TRAIL

CNA aka American Casualty refused to pay TTD from 4/15/12 – 2/14/13 — and there are extenuating circumstances involving not only WCAB Courts, but Information and Assistance Officers and EDD parties.  Adult Protective Services, State Senator and Assemblyman’s office helped to break the stranglehold that resulted in Injured Worker having to apply for Social Welfare, Public and Private Assistance, including help from the Salvation Army for utilities in early 2014 because of this practice which is apparently “done all the time” according to CNA Adjuster, Daniel Elliott.

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Reimbursement discount was ‘negotiated’ by defense firm with EDD, apparently without any State oversight, and a Judge on appeal said it was ok.  Apparently, some Judges think it’s ok for the State to give away taxpayer dollars to big insurance companies.

[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

 Amout Period Issue Date
1/9/2012 1/21/2012      1,304.30 2 1/20/2012
1/23/2012 2/5/2012      1,304.30 2 2/3/2012
2/6/2012 2/19/2012      1,304.30 2 2/16/2012
2/20/2012 3/4/2012      1,304.30 2 3/2/2012
3/5/2012 3/18/2012      1,304.30 2 3/15/2012
3/19/2012 4/1/2012      1,304.30 2 3/29/2012
4/2/2012 4/15/2012      1,304.30 2 4/12/2012
!!!!!!!!!! !!!!!!!!  !!!!!!!!!! !!!!!! ____ Weeks Late; 25% penalties +++
2/15/2013 2/28/2013      1,298.82 2 2/27/2013
3/1/2013 3/14/2013      1,298.82 2 3/13/2013
3/15/2013 3/28/2013      1,298.82 2 3/27/2013
3/29/2013 4/11/2013      1,298.82 2 4/10/2013
4/12/2013 4/23/2013      1,298.82 2 4/24/2013
4/26/2013 5/9/2013      1,298.82 2 5/8/2013
5/1/2013 5/23/2013      1,298.82 2 5/22/2013
5/24/2013 6/6/2013      1,298.82 2 6/5/2013
6/7/2013 6/20/2013      1,298.82 2 6/19/2013
6/21/2013 7/4/2013      1,298.82 2 7/3/2013
7/5/2013 7/18/2013      1,298.82 2 7/17/2013
7/19/2013 8/1/2013      1,298.82 2 7/31/2013
8/2/2013 8/15/2013      1,298.82 2 8/14/2013
8/16/2013 8/29/2013      1,298.82 2 8/28/2013
8/30/2013 9/12/2013      1,298.82 2 9/11/2013
9/13/2013 9/26/2013      1,298.82 2 9/25/2013
9/27/2013 10/10/2013      1,298.82 2 10/9/2013
10/11/2013 10/24/2013      1,298.82 2 10/23/2013
10/25/2013 11/7/2013      1,298.82 2 11/6/2013
11/8/2013 11/21/2013      1,298.82 2 11/12/2013
11/22/2013 12/5/2013      1,298.82 2 12/4/2013
12/6/2013 12/19/2013      1,298.82 2 12/18/2013
12/20/2013 1/2/2014      1,298.82 2 12/30/2013
1/17/2014 1/30/2014      1,298.82 2 1/29/2014
1/31/2014 2/13/2014      1,298.82 2 2/12/2014
!!!!!!!! !!!!!!!  !!!!!! !!!!!!! ___ Weeks late; 25% penalties +++
2/14/2014 4/24/2014      6,494.10 9 4/18/2014
4/25/2014 5/8/2014      1,298.82 2 5/7/2014
   49,393.52 75
 C NA PAID TO IW WEEKS PAID
104 weeks per Labor Code, weekly rate questioned, but at $1,298.82 x 52 checks = $67,538.64
C N A  Reimbursed $31,400 to EDD on 4/29/14  for paying IW $49,49,422 from 2012-2013 because C N A refused to despite Court demand:
 $       31,400.00 = 24.17579 weeks 99/weeks  effective payment?
Lump Sum Permanent Disability Advance
$5,000 1/30/2015 (subrogated by private LTD carrier?!!)

52 additional weeks of disability benefits to have been provided by the State, when the WorkComp system fails after the first 104 weeks, would have meant an additional benefit of 52 weeks x $961/week or $49,972.

So, if CNA had paid 104 weeks at  $649.41 (eow check $1298.82) that would have been:  $67,538.64

And if EDD has paid 52 weeks at $961/week that would have been:   $49,972

Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64    Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).  

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This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care?  Is that a mere coincidence?   These numbers alll jumble all over my brain.   Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.  

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This is where it gets real real fuzzy…. that will be documented, with PDFs of all of ths in 3 of 3 – WorkComp MAGIC Money Math…  

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This seems to happen all the time, to many injured workers…..nobody seems to know how the sad tales end.  

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You’ll know how this one ends, count on it!  Maybe you will even read about it in a ProPublica Report!  ;D

Back pay caper of May 2014 RE WC from SSA print out
2/14/2012 $1,676.96
2/28/2012 $1,304.30
3/13/2012 $1,304.30
3/27/2012 $1,304.30
3/31/2012 $372.66
4/15/2012 $1,397.47
4/16/2012 $712.80
5/17/2013 $6,865.19
7/30/2013 $3,803.68
10/12/2013 $742.18
10/4/2013 $6,123.01
12/25/2013 $6,865.19
3/4/2014 $4,082.01
1/19/2014 $2,319.32
5/8/2014 $6,030.24
C N A paid me $44,903.61
EDD paid approximately $47,922.00 difference EDD gave to C N A, not IW
EDD discounted back to C N A, collecting: $31,654.00 $16,268.00
  of the $31,654 EDD sent me approximately ($21,000.00)
C N A  5/8/2014 Notice states they paid a total of $82,092.04 – they did not.  See above and figure in discounted payback to EDD
See also 9/23/14 statement from C N A Weeks * $
1-9-2012 to 4-15-2012 TTD at $652.15 per week 13 weeks 8477.95
2-5-13 to 5-8-14 TTD at $649.41 per week 38 weeks 24677.58
Reimbursed EDD for period of 1/28/2012 – 3/4/2013 for a total of $31,400. 48 weeks 31171.68
Fred Sachs, C N A 64327.21
99 weeks
C N A alleged total paid $82,092.04 for 1/9/12 – 5/8/14 $82,092.04
C NA  alleges “We have paid the 104 weeks of benefits”
(law says 104 weeks + additional 52 by EDD afterwards as required)
THE MATH DOESN’T ADD UP

The question arises, how many unclean hands did that “negotiated discount” pass through before making it’s way back to EDD?  If this is done all the time, how many times must that discounted $18,000 be multiplied to determine how much money leaves the State in favor of Insurance Profits??

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If every State provides such “negotiated discounts” (aka “kickbacks”??!!)…. how much money is lost by such cost shifting by the State?

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Further cost shifting involves shifting to Social Security Administration, also implicated in this convoluted mess, and they are spending weeks and weeks and weeks of labor hours trying to sort out the calculations.  See below for more on that.  Treasury Department has even had to become involved in May, and will likely need to jump in again before all is said and done?

WC SHELL GAME TIMES HOW MANY INJURED WORKERS

According to the State of California Department of Industrial Relations, here’s the ideal regarding Temporary Disability benefits:

http://www.dir.ca.gov/dwc/TemporaryDisability.htm

But wait!  Is CNA aka American Casualty, THE ONLY INSURANCE CARRIER WITH SPECIAL PRIVILEGES AND DISCOUNTS afforded by DIR no matter what harm is caused to California Injured Workers?  Have any politicians approved these little … what do we call it…. incentives???

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Here’s what they say about attorneys:  http://www.dir.ca.gov/InjuredWorkerGuidebook/FAQsAttorney.pdf   (The warnings are quite inadequate–InjuredWorkers will create some new information for those new to the system. If you make a mistake retaining an attorney who freely violated the ABA Code of Ethics, you’re in for an awful ordeal, and they hang on like leaches to a file, preventing legitimate/competent attorneys from taking over their messes.

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The In-Pro-Per community is a market overlooked by most WorkCompsters…. #InjuredWorkersUniting — perhaps with teams of Paralegals, the WarOnWorkers can be won, SunTzu style, with a Rag-Tag Army of Injured and Disabled Patriots and Others.  Just sayin…THINK OUTSIDE OF THE WORKCOMP GHETTOS.

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See the gaps in which CNA failed to pay a Wyndham Worldwide Injured Worker? Does that mean 25% of each late payment, up to $10,000 is now due and payable, with sanctions?  Who absorbs that extra cost?

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That looks like 45 weeks and 4 days?  So would that would be 25% of…. ($1298.82 divided by…. times 45… no, times 22.5 which equals $29,200) so 25% of $29,200, or $7,300.  Is that correct?  So, if you multiply a practice of cheating injured workers like that times how many million injured workers are there, the plot thickens, huh?

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There’s a rule about penalties for failures to reimburse medical miles which CNA also scoffs at.  Complaints have been filed repeatedly with the Audit Unit; hopeful that Wyndham/CNA’s turn is coming up soon on auditors.   Out of pocket medical expenses for this injured worker have exceeded $43,000.  It seems to be a standard that injured workers who are able to, will often spend more than $50,000 in personal funds to survive the WorkComp system.  Some grand bargain, huh?  Wish for WorkComp only on your most despised enemies, huh?

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“TD payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to work, or when the doctor releases you for work, or says your injury has improved as much as it’s going to.”

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APPARENTLY NOT IN CALIFORNIA!  Does the State Controller know how EDD assumes risks for insurance companies then deeply discounts payback, which also deprives Injured Worker of the additional 52 weeks of State Disability, assuming that the first 104 weeks without medical care failed to result in employee death?

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If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment”   Ooooops, last TD payment was when?  Shown as 5/8/14?   Does that mean that some sort of estimated PD vs. receiving nothing for months and months and months was due?  

.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Here’s the revised Chapter 5, How it Works     TEMPORARY DISABILITY BENEFITS

What happens if I don’t get my payments on time?

Is the claims administrator required to pay a penalty for delays in TD payments?

“Is the claims administrator required to pay a penalty for delays in TD payments? It depends. The claims administrator must pay you an additional 10 percent of the payment, if: • The claims administrator sends a payment late; and • You filed a claim form for your injury more than 14 days before the payment was due. This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims administrator can’t determine, in the first 14 days after your employer learned about your injury, whether TD benefits must be paid and sends you a delay letter as explained above. You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay…”

When do TD payments end? TD payments end when:

• Your treating doctor says you can return to your usual job (whether or not you actually return to work); or

• You return to your usual job or to modified or alternate work at your regular wages (or at wages associated with a maximum limit on TTD payments); or • You have reached a point where your condition is not improving and not getting worse. (When this happens, your condition is called “permanent and stationary.”); or

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• You were injured on or after January 1, 2008, and received up to 104 weeks of TD benefits within five years from the date of injury, or you were injured sometime on or after April 19, 2004, through December 31, 2007, and received up to 104 weeks of TD benefits within two years from the start of payments. (Workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, or chronic lung disease may receive up to 240 weeks of TD benefits within five years from the date of injury.)

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When TD payments end, the claims administrator must send you a letter explaining why the payments are ending. The letter must list all TD payments sent to you. This letter must be sent within 14 days after your final TD payment. If your treating doctor says that you will never recover completely, you may be eligible to receive permanent disability benefits or a supplemental job displacement benefit. See Chapter 7. Permanent Disability Benefits, and Chapter 8. Supplemental Job Displacement Benefit  [Ooooops, CNA didn’t do that either…. ]

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[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

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http://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter7.pdf

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“What are permanent disability benefits?”

“Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don’t have to lose your job to be eligible for PD benefits. On the other hand, if you lose income because of a permanent disability, PD benefits may not cover all the income lost.”

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“Other Benefits Besides PD If you have a permanent disability, you may also be eligible to receive: • Medical care for your injury, described later in this chapter. • A supplemental job displacement benefit. To learn about this benefit, see Chapter 8. • Other financial help, such as Social Security disability benefits and benefits offered by some employers and unions. To find out about these benefits, use the resources in Chapter 9”

.

When do I receive PD payments? If you have a permanent partial disability, you are eligible to receive the total amount of your PD benefits spread over a fixed number of weeks. If you have a permanent total disability, you are eligible to receive PD payments for the rest of your life. PD payments are due as listed below, except as follows: If your employer offers you work that pays at least 85 percent of the wages and benefits that you were paid at the time of injury or you are working in a job that pays at least 100 percent of the wages and benefits that you were paid at the time of injury, you will not receive PD payments until after a workers’ compensation judge approves a settlement of your case or decides on the PD benefits you will receive. If neither of the above is true:

If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment.

• If you weren’t receiving TD benefits, you should receive the first PD payment within 14 days after the claims administrator learns that you have a permanent disability caused by your injury. After the first payment, PD benefits must be paid every 14 days. PD payments end when you reach the maximum amount allowed by law or when you settle your case and receive a lump sum. Note: This lump sum is reduced by the PD benefits that you already received, including any lump sum advances.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment. This is true even if there was a reasonable excuse for the delay and even if the claims administrator sends a letter explaining the delay. (Note, however, that this penalty is not required if you did not file a claim form for your injury.) You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay.

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

GRAVY TRAIN WRECK

EDD PICKED UP THE COSTS FOR TEMPORARY DISABILITY BENEFITS FOR THIS INJURE WORKER BECAUSE CNA REFUSED TO PAY TTD, ALTHOUGH AGREED UPON IN A COURT HEARING.  THE ADJUSTER INDICATED THAT THEY DO IT ALL THE TIME.  REALLLY??  THE INFORMATION AND ASSISTANCE OFFICER COULD ONLY SAY, ‘Look, the order says they would resume paying “if necessary” so apparently your Dr. Ponton didn’t think it was necessary.”  Really, he continued to call me temporarily totally disabled in every reported, omitted and not, to the Carrier and to WCAB and to EDD, so what part of that could be misunderstood as being “not necessary”????!!!

.

For the records, EDD paid over an intermittent period, ending in mid 2014 for final reconciliation, after numerous appeals, a total of approximately $49,400 ….negotiated a discount of Injured Workers Benefits or Your Tax Dollars, providing the WorkComp carrier what appears to be an award for approximately $18,000 for REFUSING TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS IN ACCORDANCE WITH LABOR CODE, AND FOR CAUSING PERMANENT TOTAL DISABILITIES BY FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS WHILE RACKING UP WHAT APPEARS TO BE A DRAMATIC MONEY LAUNDERING EFFORT WITH MORE THAN APPROXIMATELY 40 FACE TO FACE MEDICAL EVALUATIONS.

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NUMEROUS CorVel medical evaluations with supportive chicanery continuing the pattern of egregious harm with callous disregard for life and  WITH TOTAL DISREGARD FOR RECOMMENDATIONS FOR TREATMENT.

 

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psychopath advisory
DEFENSE AGAINST THE PSYCHOPATH – STUDY AND SHARE – https://www.youtube.com/watch?v=Gd6P1Ue2aGg

This is the American Workers Compensation System?  Everybody knows.  What’s wrong you people putting up with these most vile practices that are mere profiteering by the maiming and experiments and exterminations of your fellow Americans? Is it really worth your soul to sell out humanity?

 

psychopaths in power know  do you

Well, we know that psychopaths have no remorse, compassion or soul—-is that what we have here, WorkComp is operated by a SWATH OF PSYCHOPATHS?   SOS, MY FELLOW AMERICANS!  SOS!

.

“If not you, then who? If not now, then when?”  YOU COULD BE NEXT!

#InjuredWorkersUniting  #SilentNoMore

flag distress signal

WE ARE THE MEDIA NOW –> BE GEEKY!

to be continued

1 of 3 WorkComp MAGIC Money Math or FOLLOW THE MONEY on the WorkComp Gravy Train

Date of Injury:  1/9/2012  — Brain Injury Survivor still on the rest and wait and wait and wait for benefits and medical care program.  WorkComp Carrier has successfully shifted risks and burdens to the State and SSA,  IS THERE A FORENSIC ACCOUNTANT READING THIS? OR DO YOU KNOW ONE TO SEND IT TO?

GRAVY TRAIN FAT CATS

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‘C N A  Reimbursed $31,400 to EDD on 4/29/14  for paying IW $49,422 from 2012-2013 because C N A refused to despite Court demands and Injured Worker Objections”  

WC WorkCompFraud and Money

” Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64    Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).  

.

This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care?  Is that a mere coincidence?   These numbers alll jumble all over my brain.  

.

Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.  This is where it gets real real fuzzy…. that will be documented, with PDFs of all of this in 3 of 3 – WorkComp MAGIC Money Math…  This seems to happen all the time…..nobody seems to know how the sad tales end.  

.

You’ll know how this one ends, count on it!  Maybe you will even read about it in a ProPublica Report!  ;D “

questions and answers complicated and simple

How many unclean hands do how many such ‘negotiated discounts’ pass through for the ultimate profit and bottom line of insurance carriers across America doing nothing but maiming and permanently disabling injured workers, cheating remaining legitimate WorkComp providers out of their fees, while supporting operations of sonderkommando type doctors willing to write fraudulent reports on behalf of their benefactors?

BRAIN INJURY ADVOCACY GROUP

There is no mechanism in America’s workers comp system for Injured Workers to report Doctor, Attorney, Provider and Employer Fraud.  DA only goes after groups like “Hell’s Angels” …..for what, cutting into the WorkCompster Drug Trafficking?

FUKITOL

D’oh!  At least the HAs are honest about their motives and practices of PROFITS BEFORE LIVES.   Very few peeps in WorkComp can claim such honesty.

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Why would a doctor prescribe a stomach drug for a brain injury survivor and why would a doctor prescribe an expensive creme for brain injury survivor, or why would a doctor prescribe (and mail without knowledge) a hand held ultra-sound device, without instructions for which brain lobe to use it on?  That’s WorkersCompensation.

My Fellow Americans.  Boomers!  Heads up!  The younger people do not have a chance in hell to survive American’s WorkComp rackets!   Mamas!  Don’t let your babies be doctors and lawyers and thugs!  #SOS!  #CommitteesOfBloggers needed ASAP!  #WATMN

wc doc can you see the problem

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Why would a doctor prescribe an ‘epilepsy medication with mood elevators as a precaution for a few years’ for a slip and fall head injury, after a 5 minute meet and greet?

,

The more conservative, well-paid industry leased/owned WorkCompsters will prescribe ‘over the counter analgesics’ for brain injury, and some that, in the 60’s would have been categorized as “MCPs,” shrug and indicate that a woman over the age of 35 is not entitled to medical care for a brain injury, particularly after medical has been denied by the carrier for more than 2 years.

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WHAT A #GrandBargain WorkComp is, huh?

go save yourself from the zombies

WE ARE THE MEDIA NOW —> BE GEEKY!

WHITE ROSES AND LINKED IN 5 16 2015

to be continued

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

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

 

“BTW – I keep asking for an attorney for you. It’s tough. The perception is that your case isn’t big enough under current law, so getting someone to pay attention to it is very difficult.”  – Anonymous

“So that means that breasts and testicles are more valuable than brains? !?” ASKS THE INJURED WORKER!

 

“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.   http://www.asvarlaw.com/casestudies/

Note:  Chris Asvar did his job for his young client: “LOS ANGELES – January 25, 2012.  Los Angeles-based attorney Christopher Asvar has just secured the highest known workers’ compensation insurance settlements in California history, totaling $8.9 million on behalf of his young client who suffered a work-place traumatic brain injury.”    

Note:  Romano Trust vs Sedgwick apparently gives #WorkCompsters a green light to maim and kill injured workers in California without recourse, and sometimes a fine of $100,000, if pushed.

America! America!  What a national shame!

 

rock paper scissors

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

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Nawwww, they won’t even authorize prism neuro-optometric lenses or auditory processing devices, nor chiropractic and acupuncture for pain relief, nor will they replace resigned primary treating doctors without a Utilization Review, that there is no doctor to make such a request, and the CNA 25+ year veteran Claims Adjuster has no authority apparently other than to sign a form that says ‘it’s too early to determine if there is any permanent injury’ so we’ll look again in 90 days.  D’oh.  They didn’t pay temp total disability in 2012-2013, and the State did, then discounted payback, causing Injured Worker to lose the ’52 weeks’ that would have been available had they paid the 104 weeks, as required by law and directed to via Court hearing in April 2012.

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They scoffed at the law and bullied the injured worker and doctors then, and continue to scoff  and bully today.  They have help.  CorVel and Maximus, and a handful of industry leased/owned doctors who write inaccurate reports that could be deemed fraudulent if taken to trial.  WCAB guidelines indicate estimated Permanent Disability payments are to commence within 14 days of final TTD payment, which was May 2014, in a chunk after EDD and local politicians became involved, since WCAB – Riverside refused repeatedly to help injured worker get treatment or benefits, in clear violations of ADA and EEOC.   Grancell continues the same course of action, profitting by taxpayer ignorance and apathy as they bilk California’s coffers and destroy the California WorkForce….

 

IMG_0418

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

 

They want me to see an Ear Nose and Throat Doctor to dispute an extensive auditory processing evaluation of last year performed at SCRIPPS Brain Injury Rehabilitation Center in Encinitas, California.  What’s next, will they demand that I see a Podiatrist to dispute the Audiologists, Neurologists, Neuropsychologists, Orthopedic Surgeons, Chiropractors, Acupuncturists and Functional Neurology Experts, along with Occupational Therapists, Physical Therapists and Speech Therapists, and focus on the often referenced sprained ankle of 1/9/12?  Oh yes, I think they need a dozen neuro-psych reports till they find one they like; “Doctor Shopping and File Churning” enhances bottom lines for WorkComp Defense firms?  D’oh! In November 2012, defense attempted to coerce settlement of the customary $100,000 after initial attempts at obfuscation of medical evidence and failures to provide necessary evaluations and treatments that first year.  Their report of future medical was extensive— and that was prior to getting all the facts of the actual extent of the injuries.  What say their Risk Peeps now.  They are all looking at my LinkedIn Profile.

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

 .

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

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

 

Well, at least the ‘cost burden has been shifted’ to the Social Security Administration and Medicare due to the brain injury upon evaluation of all medical records.  How’s that for bilking the public after more than 3 years of torturing and causing permanent disabilities to an injured worker?   I am grateful and the experience at the SSA was kind, compassionate and an encounter with people of integrity, in sharp contrast to the horrors of Workers Compensation experiences.

Stephen Hawking

Add the approximately $16,000 CNA was paid by the State of California in the form of a deep discount on reimbursements for EDD payment in the first year because CNA refused to pay TTD?

 

CNA is really making big bucks on this “Exclusive Remedy” huh?

 

How much does the insurance broker make in commissions on the Wyndham account?  SEC or some regulatory agencies requires Wyndham to provide such information to shareholders when requested; I have requested approximately 5 times in more than that many months, to no avail.  It may have something to do with allegations that the Wyndham Board and Risk Management have some members with questionable ties to the insurance industry?  I heard the stories, but they didn’t quite compute in my brain.

#WorkCompChat; O SAY CAN YOU SEE?

 

flag distress signal

Could the lack of  competent representation for injured workers be related to these issues?

Below are more insights for possible incorporation to future industry blogs…from an Injured Worker point of view, and something the legal people alleging to represent injured workers are also clueless about.
.
Attorneys in CA like to shrug and say they know nothing about Social Security and Employment Law and ADA Compliance and how it all interfaces with one the big scam.
 .
Heck, even the Defense Counsel who is a “Partner/Shareholder” boasts of his incompetence regarding ADA and Employment Law!  D’oh!  It takes a Psychopath, huh?! A WorkComp attorney who is oblivious to SSA guidelines, ADA, Employment Law and social media fight-back-work arounds is an idiot and a menace to society, imho.  Ditto for return to work trials, guidelines, strategies etc.
 .
Social Security has a rehabilitation component called PASS (available to me for the next year or so) where they may help me create a consulting business or something I can do from behind my computer, if Wydham continues to fail to engage in the interactive process, and particularly if they wrongfully terminate me.  There are also some tax incentives to corporations that hire disabled Americans.  I am hopeful that if I cannot return to face-to-face selling that Wyndham may create a position so that I can help clean up the desperate EPIC FAIL of a WorkComp system currently in place, and that I may be able to help train HR and Staff on proper handling of workplace injuries, and when to do simple things like “CALL 911”
 .
The SSA paperwork also advises me to submit medical expenses that I had to pay within 30 days, which it sounds like they may reimburse since CNA refused to.  A friend may help me assemble that next week.  It’s half done, like so many of my paper projects.  Pure cost burden shifting, and that’s one of the items I will ask the Senators to help me with.  Somebody can reimburse my $30k out of pocket medical and rehab expenses, and the shortfall of $18,000 California gave in the form of deep reimbursement demand discount to CNA for refusing to pay TTD in 2012 – 2013 .  Offset for my shortened life span and loss of earning capacity, along with potential devasting future medical is a factor.  Continuation at the Coastline Acquired Brain Injury Program through December 2015 is very important to maximize potential return to work, although a second year is recommended, and both will be impossible without funds. Your try living on $1,700/month with a mountain of bills behind you, and a brain that works like a 286 computer on dial-up, with virtually no working memory. Does a $20,000 annual income put me in the sheer poverty category?  That’s a very harsh transition from being a fun-loving, globe trotting vacation sales executive, unable to return to work due to auditory, vision, speech and other processing issues from the fall of 1/9/12.  The manager said, “Just rub some dirt on it and you’ll be fine’…. nice try, but it didn’t work.
 .
If you know of a California attorney with integrity, courage, smarts and staff to take on this multi-dimensional case, please contact me directly at WorkCompLinda@gmail.com or via phone at 760 368 7236.  Know that the Defense Firm is big on bullying doctors, injured workers, and even, apparently, structured settlement peeps. D’oh.  Mediation was repeatedly refused by defense.  Callous disregard for human life is the SOP, along with bullying and threats and blatant disregard for law, order and life.
 .
It is my hope and intention to return to work by the end of the year, even though all the medical evidence indicates that is highly improbable due to the extend of the brain injuries.  Yes, I can type, but if any CAAA attorney believes that the ability to type indicates no brain injury, they should turn in their license to practice.  They are  incompetent to allege to represent any injured worker, let alone a brain injury case, and such ignorance and incompentence presents imminent danger to the working public.
 .
Remember the quote by Chris Asvar (who won’t take the case because prior counsel and too many others ‘didn’t do their job’)…..I’ve asked again, but won’t hold my breath on a response this year either.  Read it again.  LET IT SINK IN.
 .
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.http://www.asvarlaw.com/casestudies/

 

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

 

How is it that the people profitting by maiming and abusing brain injured Americans can continue to get away with their vile legal chicanery without due process, without representation, and in clear violation of the Constitution of the United States of America?

constitution  too long didnt read

Who supports such treason and attacks on the working population of America?

Will the US Attorney General investigate California’s workers compensation corruption and war on workers now?  CC: #CAAA Members.
Note to Lorrtta Lynch: FOLLOW THE MONEY. ALWAYS FOLLOW THE MONEY.

 

WWW MMM 13

#InjuredWorkersUniting #SilentNoMore #WOW

Ask About Brain Injury and WorkComp Survival Now!

 

WE ARE THE    MEDIA NOW

Ask About Workers CompGravy Trains

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

 

LI MASTERING IT

WE ARE THE MEDIA NOW

EXPECT US

JOIN US

#WorkComp in America: “Homo homini lupus est”

#InjuredWorkersUniting!

#WorkCompCentral #CompLaude Gala Awards #InjuredWorker category Nominee and Finalist with TBI…. Oh My! Huh?!

Life with TBI is so

WE ARE THE MEDIA NOW.  SHARE YOUR STORY HERE TOO. (OR not!)

This blog, ASK ABOUT WORKERS COMP GRAVY TRAINS, is an example of what can happen when a corporation has a policy of …

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Don’t call 9-11, don’t drive a head-injured worker to a hospital or emergency room, have a good laugh at the fall in a sales meeting, encourage completing work shift then driving 20 miles down an icy-mountain road then 40 more miles of desert 2-lane road to get to “go to any doctor that takes work comp insurance” and provides an incomplete DWC-1 form (no insurance carrier info; then emails later with a list of providers that no longer accept work comp insurance and demands to cease seeing the doctor seen on date of injury; defense firm later insists said action is “proper service” of an alleged ‘MPN’), no-get-well-wishes, no follow up, erroneous info, reliance on EAP to facilitate first doctors (shifting burden to health insurance vs work comp carrier) (then adjuster has extensive phone conversation with EAP designated doctor regarding severity of injuries and shortly thereafter terminates benefits, stiffing said doctor for 4 appointment payments also),  no intervention to help an injured worker for nearly 3 years, no participation in FEHA interactive process, no apparent return to work program–with or without ADA accommodations, “the silent treatment” if pro-active nearly destitute injured worker is the only attendee at a corporate public JOB FAIR in an attempt to facilitate “RTW,”

Further policies appear to include introduction of injured worker to the State Welfare Systems and the generosity of charitable organizations such as THE SALVATION ARMY because of failures to provide medically necessary treatment for ‘going on 3 years’ and refusing to pay disability benefits, causing loss of professional credentials and complicating work injuries because of failures to provide immediate, reasonable and necessary medical care and shifting all burdens of the WorkComp policy benefits to others….

Defense firm attempted to coerce first year premature Settlement, without repeatedly requested brain injury evaluations and treatments,  for $100k less attorney fees, that required full release of all liability, it required resignation from job, forfeiture of any/all State disability/Medicare benefits for “3 years” with callous disregard for life itself.  File appears to have been churned churned churned repeatedly.  Injured worker is out of pocket nearly $30,000, for self-procuring physician requested treatments and evaluations that the insurance carrier or and defense firm denied repeatedly until the new law, when the buck could be further passed on ‘non-recommendations’ for treatment by non-brain injury experts.

District Attorney indicated the complaints “have merit”….but that was quite a while ago.  EEOC asked why the brain-injured worker waited so long to complain.  One lawyer, after repeated attempts to find competent legal representation, after file review, concluded with the question, “So why did you wait more than 2 years for medical care for a brain injury?”  D’oh!

IF THAT’S WORK COMP, WE, THE INJURED WORKERS SAY…. NO THANKS TO THOSE WHO PLACE “PROFITS BEFORE LIVES”

.

Earlier in 2014, the State Adult Protective Services intervened in response to complaints of financial terrorism compounding the failures to provide medical treatment for, at that time, over two years.

Ask About Brain Injuries and “Perseveration” of pen, words, thoughts and neuro-misfirings; for those in #WorkComp who do not know, the “brain” is a body part located in the head region.  A witnessed slip and fall “backwards” on ice only has the “skull” to break the fall; see illustration:

tbi and ice

 

“Homo homini lupus est”

WILLING TO LEARN

What a GALA they have planned! #WorkCompCentral!  See the Video Here: https://ww3.workcompcentral.com/

We applaud David DePaolo and his Colleagues, Staff and Organization for Initiation and Continuation of the CompLaude Awards Gala!   That’s pretty gutsy, and the impact must be far reaching!  Thank you for the privilege of being considered in the InjuredWorker category, and if we can be of any assistance to make it a National, then an International Search for Nominations in the future, let us know.

#InjuredWorkersUniting…… WE’LL KEEP BETTER TRACK OF THE GOOD GUYS & GALS IN THE FUTURE, and become some of the Top Contributors to the Nominations Processes.

Like sages of old used to say, ‘FIND THOSE WORKING TO MAKE IT A KINDER, GENTLER NATION AND STRENGTHEN THEIR HANDS’

COMP LAUDE AWARDS

https://ww3.workcompcentral.com/

Nominations for Comp Laude Categories

WE’LL DO MORE LATER.  THERE WERE SOME TIME WASTING DISTRACTIONS AND HEATED ALLEGATIONS FOR AN INJURED WORKER TO CONSIDER PARTICIPATION IN AN “INDUSTRY” EVENT SUCH AS #CompLaude nominations and nominees FROM A SMALL GROUP OF ANGRY INJURED WORKERS –CONCERNED ABOUT THE UNCONSTITUTIONALITY OF WORKCOMP AND MORE—WHEN ASKED TO SHARE THEIR STORIES FOR A NEW INJURED WORKER BLOG THAT WAS INTENDED TO BE AVAILABLE FOR THIS EVENT. OH WELL.   THEY BLEW IT AGAIN!  CARPE DIEM, Y’ALL.

THE SOCIAL MEDIA ATTACKS APPEARED TO BE FROM AGENT PROVACTEURS ATTEMPTING TO DERAIL ALL EFFORTS TO FIND THOSE HELPING –NOT HURTING– and thereby possibly extending lives IN THE WORK COMP USA PROCESSES.

YOU KNOW WHO YOU ARE.  SO DO WE.  “SMFH.  TTFN”

WILLING TO LEARN

  1. Remember about PIMM patsies. Forget about BS of “establishing trust”. The first thing PIMM destroys is trust and you need to be aware that he tries to entice your weaker colleagues to spy on you. In such environment a weaker personalities often adopts the role of patsy as a self-protection mechanism and might even comply and even try to provoke you to “frank talk” that will be reported to PIMM. The environment PIMM creates is characterized by old Latin quote “Homo homini lupus est” ( Man is a wolf to his fellow-man.) They build up a power base and because they are paranoid, they turn all subordinates into paranoia wrecks: everyone becomes afraid of everyone else and the work culture begins to reflect the personality of the leader. Team soon became resemble a pack of frightened dogs.   See more here: http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml
 WCL  1
WCL  2
WCL 3

For Anybody Interested in Some Facts About

Acquired/Traumatic Brain Injuries:

“You Look Great!” — Inside a TBI – YouTube  ► 6:21► 6:21

  • Feb 15, 2011 – Uploaded by The You Look Great Project Byler

    This video has been entered into the 2011 Neuro Film Festival from the American Academy of Neurology ...

  • “You Look Great!” : Inside a Traumatic Brain Injury – YouTube

    https://www.youtube.com/playlist?list=PL432C94EB3256C634

    by The You Look Great Project Byler; 6 videos; 894 views; 55 minutes. Parts One through Six. ‘”You Look Great!” Inside a Traumatic Brain Injury’, tells the story of  …

     GET THE BOOK TOO…
    John C Byler  YOU LOOK GREAT
    GET THIS BOOK TOO….
    Brain Injury Advocates
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    In October 2014, I enrolled in the Coastline ABI program.  Without TTD benefits and LTD benefits, the way to continue participation in this one-to-two year program remains an unsolved mystery.  A “Go-Fund-Me” fundraising event within the Timeshare and TBI world may be necessary if Wyndham and it’s agents continue to shirk legal and moral responsiblities.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    SEE ALSO HOW CALIFORNIA IS LEADING THE WAY AT:

    COASTLINE COMMUNITY COLLEGE ACQUIRED BRAIN INJURY PROGRAM

    Acquired Brain Injury

    Imagine your skill set is some sort of elaborate Lego structure you use daily. Suddenly, something completely unforeseen happens and your structure crumbles. Some pieces have even gone missing. But you need the structure in order to function in your everyday life. So, you start to rebuild… (read more : view the blog archive)

    Watch the ABI Program Student Video

    What Is the ABI Program?

    Coastline’s ABI Program is a demanding one-year educational program designed to provide structured cognitive retraining for adults who have sustained a brain injury due to traumatic (such as a motor vehicle accident or fall) or non-traumatic (such as a non-age-related stroke, brain tumor or infection) injuries.

    Each year, according to the Brain Injury Association, more than 700,000 Americans sustain brain damage from traumatic head injuries alone. Most are between the ages of 15 and 30 – young, active, involved individuals, suddenly and unexpectedly disabled.

    In many cases, impaired attention and concentration, memory disturbances, language disabilities, and/or loss of reasoning skills prevent these individuals from resuming even minimal pre-accident activities. Awareness of limitations and shattered career and personal goals lead to frustration and depression, further contributing to the individual’s unemployment, isolation and alienation from friends, family and community.

    Coastline’s ABI Program has developed a unique curriculum to address these special needs. The ABI Program emphasizes cognitive retraining, socialization, and career development to promote individual responsibility and independence. Students in the program learn strategies to compensate for deficits in:

    • Verbal skills
    • Memory
    • Figural skills
    • Critical thinking
    • Attention
    • Organization

    With a strong focus on emotional adjustment to brain injury and appropriate psycho-social skills, the program teaches students to apply these skills to practical, real-life home and work environments.

    Coastline’s ABI Program also offers the following program support services:

    • Neuroeducational Assessment
    • Counseling for students and their families
    • “Future Planning Development” (whether for employment, training, or volunteering).

    Classes meet Monday through Thursday, four hours per day. The school year includes two 16-week semesters and a five week summer session.
    Classes are held at Coastline’s Newport Beach Center, 1515 Monrovia, Newport Beach, CA 92663.

    Fell backwards

    How a Company Does One Thing, Is How They Do Everything?

    Linda Ayres  Wyndham LinkedIn   11 8 2014  NUMERO UNO

     

    Funny Timeshare Recruitment Video by Shari Levitin with …

    Jun 11, 2009 – Uploaded by Shari Levitin

    http://www.levitinlearning.com. What do YOU want to be when yougrow up? Some kids are a little more …

  • capstone  thanks giving  Nov 2014
    And if you are the Offending Defense Firm or any of the questionable WorkComp Providers in this case that have also contributed to the harm and further injury of other #InjuredWorkers, please and thank you, consider some restitution via contributions to COASTLINE ABI FOUNDATION.
    work comp guidelines
    If my case ever settles, I will ask the Judge to ensure that the 4 law firms who took on my case [#1-30 days, #2-9 months, #3-90 days, #4-45 days (duration times are approximate)]….clearly without any knowledge of handling a Brain Injury Case, did cause further egregious harm and any with liens should be provided with an equal share of 15% of the NOTHING THEY PRODUCED.  Sanctions would be appropriate, but not likely.
    NAIDW TBI AWARENESS
    The Judge, with Structured Settlement recommendations, will also be asked to designate the actual “15% legal fees’ to be given to the Coastline ABI Foundation, in lump sum or settlement arrangement.
    world is a dangerous place
    The Judge will also be asked that the insurance carrier, that was awarded approximately $16,000 by the State of California in 2014, EDD department, for REFUSAL TO PAY TTD to injured worker in 2012/2013 DONATES A LIKE OR GREATER AMOUNT FROM CORPORATE PROFITS TO COASTLINE ABI.
    Very interesting book keeping practices of all parties.  Wyndham remains silent.
    take care of each other
    Investigations into the practice of using injured worker or State Taxpayer funds to reward insurance companies for breach of fiduciary responsibilities and breach of Labor Codes surely deserves further investigations, even though it appears to be another ‘pattern of practice’ known by all, harming only the injured workers it impacts.
    To the Insurance Company Dude who asked, among other things, “…when ARE you going to die?” in a discussion of refusals to provide medically necessary treatment for nearly 3 years, all I can say is, “Not yet, Dude, not just yet.”
     change windmills and walls
    linda-ayres-says-join-me-on-twitter and linked in lindaayres311

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#WorkComp Crime Pays INSURANCE COMPANIES big time in California?!?

…. Crime Pays Insurance Companies big time in California

… #WorkComp arena…  awww, don’t worry about it.  No prosecutions likely.  It’s a pattern of practice….. steal from work injury disabled and the nouveaux poor and give it to the big insurance companies.  Yes, California, from the California coffers…. negotiating away civil rights of California workers.  Ought to be some law enforcement, huh?

#WorkComp Crime Pays INSURANCE COMPANIES BIG TIME in CA?! Would you believe CA EDD paid approximately $20K bonus to CNA for REFUSING TO PAY TTD to an Injured employee of #WyndhamWorldwide?? Medically necessary treatments for witnessed slip and fall Traumatic Brain Injury of 1/9/12 still being evaluated for necessity of treatment.  “Rest and wait and wait and wait and wait and wait.”

Polite psychopaths refer to the transaction as negotiations for reimbursements… D’oh.  If the action shifts the burdens to the State, well, that seems to be then considered a complaint with the State rather than a complaint with Department of Insurance for condoning shady actions?  So complicated, isn’t it?

Don’t be tricked by insurance company loopholes!

go save yourself from the zombies

Bottom line:  Failures to provide medically necessary treatment to injured worker (witnessed slip and fall backwards and consequent head trauma of January 9, 2012) and continuous malicious interruptions of self-procured medical treatment, combined with…. refusals to reimburse medical expense incurred due to refusal of Wyndham to provide medically necessary requested treatment, denied first year by Adjuster and Defense Counsel, denied second and third year in complicity with Corvel UR departments and repeated omission of medical records with intent to deny medical treatment….just ain’t right.

The denial of the “brain” being a body part in the head is illustrative of the chicanery employed by Grancell Gang.  #TBI  Traumatic Brain Injury

They have also certainly wasted a great deal of time at WCAB – Riverside, in the Courtroom of Honorable Judge Victor Jimenez.  Complaints of Fraud are not heard in that Courtroom, so a well fought for right to be heard by the Judge took over two years to get a date (ATTEMPTS TO SEE JUDGES OBFUSCATED BY INFORMATION AND ASSISTANCE OFFICER REPEATEDLY), only to be aborted by failures to provide continued ADA accommodations.  It was postponed in July 2014 in order for Injured Worker to properly report fraud with the proper agencies.  STILL LOOKING…..PLOTS THICKENING….AND SICKENING……

wc crime pays in CA

Meanwhile, WyndhamWorldwide Human Resources says it’s not their job to help an employee obtain medical care or even tell them what doctor to go to at the time of injury.  #Wyndham takes the “timeshare salute” to extremes when kicking an InjuredWorker to the Curb.  D’oh!

the game is rigged

Legit doctor reports ignored by Defense, as well as physician requests for treatment since date of injury. Carrier also refuses to pay medical expenses incurred by injured worker …. alleging that the BRAIN IS NOT AN ACCEPTED BODY PART OF THE HEAD REGION. D’OH.

California Republic one star yikes

Yeah. Insurance Carrier, CNA CEO Thomas Motamed, rakes in more than $10.7 million a year personal income, maiming and killing injured workers across American? #8 Insurer. D’oh.

work comp guidelines

Grancell Stander Reubens et al, defense firm, pleads and whines that they are not responsible to help insured get medically necessary treatments, nor are their clients obliged to honor any Labor Codes, nor participate in FEHA interactive process to facilitate return to work.

Grancell also insists that the brain is not a body part located in the head region. D’oh!

 

“No Worker Left Behind”

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NAIDW TBI AWARENESS

 


  • Awards “The intent is to create a national conversation about the devastation and realities to injured & disabled workers and their families, and to bring this to the forefront of public awareness.” www.NAIDW.org

    Do you have any comments, questions, or suggestions? Would you like more information on becoming a member or contributing as a volunteer? Please Get in Touch!

    NAIDW
    P.O. Box 66
    Fox Lake, IL 60020

    888.788.NAIDW (6243) Toll Free
    847.629.5148 Local
    847.629.5149 Fax
    info@naidw.org

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Defense Against The Psychopaths…

#WorkComp #InjuredWorker  Survival Guide

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ASK ABOUT WORKERS COMP GRAVY TRAINS NOW
https://askaboutworkerscompgravytrains.com/

https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

WC ADJ8181903 … WorkComp Riverside supports non-payment of TTD to Injured Workers in their Jurisdiction and also repeatedly disregards ADA accommodation requests, and has been known to confiscate smart phone of injured worker to ensure no recording of ‘informal hearings’….

wc workers-comp-fraud  if your company lies

Hmph.

#InjuredWorkersUniting #SilentNoMore

#WorkCompKills…… big time….nationally……it’s a racket.

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