RTW? HERE I COME! Wyndham acquires the Queen Mary? WorkComp Policy is still like the Titanic!

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?

OUR WYNDHAM WORLDWIDE BRANDS?

OPEN LETTER TO WYNDHAM LEAVE SUPPORT CENTER

….with copies to “Supplemental People”

OccupyVirtuall!  99%
OccupyVirtually! 99%

Dear Wyndham Leave Support Center Staff:

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.

Is THAT form letter from CNA, or is this an industry standard?
Is THAT form letter from CNA, or is this an industry standard?

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 $43,350.44 now, 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.

LINKED IN RANKING   7 5 2015  942 AM PDT

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.

THE BRAIN INJURY HANDBOOK

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:

  1. The abuse I have experienced at their hands is criminal.
  2. The risk of further abuse and further attempts at financial harm is possible and probable.
  3. 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.

do it

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?”

people nowadays  cameras

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’.

50 first dates  (temporal lobe)

https://www.youtube.com/watch?v=WBLMZXMgCf4

Here is an article that will explain more about brain filters and processing, as BRAIN INJURED WORKERS  may relate to the sounds, sights, problems, demands of the timeshare sales room.

SENSORY OVERSTIMULATION

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.

LINKED IN RANKING   7 5 2015  942 AM PDT

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.

Webinar Ninja  Draft one  SURVIVING WORK COMP

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.

Sincerely,

Linda Ayres, In Pro Per

ADJ 8181903

CNA E3269102WE

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!

#WorkCompFRAUD BUSTERS: OPEN LETTER TO LUCY’S Virtual and NON-VIRTUAL FRIENDS, TBI Status Update,

OPEN LETTER TO LUCY’S Virtual and NON-VIRTUAL FRIENDS, TBI Status Update

July 29, 2013 at 1:45pm

OPEN LETTER TO LUCY’S Virtual and NON-VIRTUAL FRIENDS…I hope all is happy, healthy and well with you all.
~
As most of you know, on January 9, 2012, I slipped on ice at work and fell and conked my head pretty hard, and I ain’t been ‘right’ since.  😕  I got a ‘second impact’ conk on February 4, 2012, which does not seem uncommon as a consequence of an untreated head trauma.
~
Conks on Conks are not a good thing for the brain.  I have been denied reasonable and appropriate medical care by my employer, WYNDHAM WORLDWIDE (the world’s largest vacation ownership company) the whole time.  The denials of medical care are criminal, and I have been unable to find COMPETENT legal representation, and the merry-go-round of fraud and deceptions is spinning fast.
~
I’m a little better, but my cognitive impairments suck….
~
My requests for ADA accommodations have been ignored, denied and used as weapons against me.  It took over a year and half for the shoulder pain to be addressed and diagnosed as a major tear, denied with other denials, no surprise from the defense crowd.
~
Note of encouragement from a retired Judge, in her 80’s:

“Keep it going Lucy. Don’t let up. You know your case better than anyone.  Since we have an evil government and corruption everywhere, you must realize you are witnessing a small part of it.”

Crooked, drunk, under-the-influence and/or psychopath lawyers, adjuster and doctors and others!  Yech!

~

The law states an employer is REQUIRED to provide immediate, reasonable and appropriate medical care for an industrial injury.  I didn’t even get to leave work early let alone see a doctor…. and they had a good laugh at my fall with snow all over me in the sales huddle.

~

The boss laughed and said, “ewwwww, you have #Fukushima Rads all over you now.”  [Timeshare humor 😕 Comment because I had advised earlier that snowflakes cling like scavengers to the radioactive isotopes, strongly hitting the West Coast of the USA (and the rest of the world!) since March 2011, and are to be dodged by any means necessary. ] pied piper of sheeple I attempted to do a sales presentation after the conk on the head, and all I remember is being embarrassed and saying repeatedly to the people in front of me, “I’m sorry I’m so confused.  I slipped this morning and hit my head real hard.”  (Was I ever glad they didn’t buy anything…. no way could I have handled the contract paperwork!)   Yo, Boss Guys and Co-Workers….. next time an employee hits their head on the job, call 911 or race ’em to the hospital…… you might save a life.

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Physician requested authorizations for medical care have been denied repeatedly by non-physicians, other than a few scattered chiropractic treatments, 8 physical therapy treatments for neck only, and 17 psychological support sessions, all but 4 focused on maneuvering thru the extremely confusing maze of deceptions, mis-information and denials of medical care and and taking action on poor legal representation.  The last 4 sessions (July/August 2012) focused on ways to fake-people out so they will not suspect I struggle with brain injury now, and he also said, NEVER TELL ANYBODY YOU HAVE A BRAIN INJURY, IT COMES WITH A STIGMA, so buy some electronic gadgets to help you make it through life and keep the secret.  [Violation of ACOEM TREATMENT guidelines for head trauma, TBI, concussion, PTSD etc.)

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12 sessions of brain-based and scientifically measurable functional-neurology treatments were self-procured in Palm Desert after the first 10 months of denied medical care, to the tune of $10,000+ in November/December 2012.

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That was about 40 hours hands-on doctor time.  Dr. Jaudy adheres to the the principles of DO NO HARM, and HUMAN SUFFERING MUST END, and does all things possible to facilitate proper diagnosis and healing.  Sincere thanks and appreciation for the medical help at JAUDY TREATMENT CENTER; I’ll be back!!  :D]

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The defense attorney terminated that medical help.  Attorney #2 attempted to coerce me to accept a $100,000 settlement offer (less his 15%) in November 2012, forfeiting any future medical care, any other benefits and ps I had to agree to quit my job in order to secure money to obtain medical care on the plan he and the defense counsel organized when I was allegedly appearing for a ‘deposition’.  I ain’t no quitter!

The blogs have more details on the denials of medical care along with the diagnosis.

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The medical expenses (MRI, EEG, additional chiropractic, acupuncture, vision therapy, speech therapy etc.) have been UNreimbursed, along with UNreimbursed medical miles since April 2012 (over 9,000 miles driven in square circles to see non-brain-injury specialist doctors) but the insurance company doctors apparently get approximately $4,000 per bogus fraudulent report.  [Sorry, Dr. Kent, you’ll have to get your $4,000 for a report from another unsuspecting injured worker being sacrificed by Corporate America….this Injured Worker has got the provider’s numbers now… and a good list of names for the DA, if interested….]

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My IQ is probably down 15-20 points, but it was pretty high to begin with, so that brings a whole new set of challenges after the traumatic brain injury. I used to think and process like a quad-core i5 computer, now it’s more like a 286.  Bummer.   I can still type like a maniac!! YAAAY.  😀

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I never found a competent attorney to help me after making the mistake of not hiring a work comp specialist with brain injury expertise, and even did a mass-appeal to some CALIFORNIA SUPER LAWYERS with brain-injury expertise.  The guys I hired clearly acted like a brain injury is like a broken arm or a little ‘carpel tunnel syndrome.’ They must have missed the class that discussed how the brain is the operating system for the whole body. D’oh. Insurance company neurologists don’t even seem to know that the brain does the seeing, not the eyes.  D’oh.

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There is apparently a “two-lawyer superstition” in their field that says if an Injured Worker is stupid enough to hire the wrong attorney in the first place, too bad how sad, good luck.  I  found two more non-competent attorneys to abuse me who attempted to make a quick buck for themselves without any medical help, reading or work or brain injury expertise.  Malpractice and negligence…. but whose gonna prosecute?!

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The defense attorney is now moving in for the final kill now…..and she is PE….Pure Evil.

I am relying on a LEGION OF ANGELS to help me, somehow.  RELYING ON MORE MIRACLES. It’s been a very ugly fight, and I dismissed attorney #2 and #3….. and I am now fumbling along on my own…. I’m now just TAKING IT TO THE STREETS…..It may serve to help another Injured Worker.

DIAGNOSES reported by multiple Physicians;

Requests for authorizations for treatment and further evaluations

denied repeatedly by Adjuster and Defense Counsel, non-physicians

854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive Sydrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes

Many doctors have made bunches of money writing reports about my brain injury, requesting treatments, which have been denied, and then I am sent to new doctors who request treatments and further evaluations that are denied, and now the defense attorney is going in for the final killer blow, with a situation that ‘there is no medical evidence of my injuries’ based on denied medical evaluations and treatments by their own hands, and their neurologist [Thanks a bunch, Dr. Bijan Zardouz]  saying I’m fine, just need an over the counter analgesic for the headaches.

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Their forensic psychiatrist [Thanks a bunch, Dr. James O’Brien] alleges if there was any evidence of industrial concussion I would be entitled to medical care, but as best he sees it, I’m old, maladjusted with poor anger management skills.

An EEG I self-procured in April 2012  from a phD doctor in Rancho Mirage has also been evidently used as a weapon to deny medical care….it’s dated April 3, 2010…. and the actual eeg print outs have the correct date of March 26, 2012….  No MD’s have seen the EEG print outs…..except one I recently gave a copy to, but he is “too busy” to write a report of his evaluations of me and my medical reports and too busy to request further evaluations, although I did mention my life may depend on it.

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I recently obtained a Court Order to compel the Defense to include approximately 300 pages of willfully and maliciously omitted medical records.  At the hearing she whined that there were a few others she didn’t have, which I told the Judge I had provided, but would be happy to provide again.  She then twisted that story to suggest I have been doctor shopping and withholding medical records that the Judge ordered me to provide immediately….. oMG.  A true psychopath??!

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The defense has regularly, maliciously with apparent intent to fraudulently omitted approximately 300 pages of medical reports and has denied 99% of all medical evaluations and treatments requested by evaluating doctors, thereby creating a fraudulent scenario of INSUFFICIENT MEDICAL EVIDENCE.

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Same defense and insurance company adjusters only provided doctors the April “2010” narrative of the EEG, alleging evidence of prior substantial head injury.  Legal counsel repeatedly failed to ensure all medical records were included for review by all medical evaluators, and failed to notice the “2010” date on the EEG narrative, and failed to ensure the EEG print outs were included, and failed to facilitate evaluation with neurologist with TBI expertise and failed to provide further EEG and other evaluations and treatments.

ENEMIES OF AMERICAN WORKERS AND ENEMIES OF HUMANITY??  Judge them by their actions, huh??  If it looks like a psychopath, acts like a psychopath, and lies like a psychopath, it’s probably a PSYCHOPATH.

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The typo by the EEG provider just recently made it to my awareness, and I asked the phD doc for a letter of correction, and she could only manage a electronic-post-it comment on her letter, that won’t even print.  The defense attorney puts it at the bottom of the index, making sure there is no reference to evaluating doctors that it actually took place in 2012.

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I called the doctor this weekend, in follow up to a further request for a supplemental professional report with a fresh date and advised that her typo had caused me tremendous harm and has contributed to denial of medical care and weapons against me. eeg lynda wells date correction electronic note When Dr. Wells answered her phone (I thought I would get voice mail in my follow up to email) and she went on a rant about how she didn’t believe her mis-dated report has caused any harm and she was on vacation, having drinks with friendss, and that I had to “RESPECT THAT SHE IS ON VACATION” (and has been since about the 19th of July or sooner) and she can’t and won’t write a new letter.   [Thanks a bunch, Dr. Lynda Wells! ]Capture eeg normal adult eeg   Capture eeg 3

Selfish psychopaths everywhere, huh?

the silence of our friends

As a Wyndham/WorldMark owner/employee/manager/other, you may (or may not) appreciate my creativity…..I’m fighting for my life…… Here’s a blog… I’ve done a few so far…..:) Thanks for your friendship.  I sincerely appreciate your kindness when the injury first happened……..

Love, Lucy

LucyOccupy@gmail.com

760 368 7236 (message line; gmail is best) FACE THE NATION...

FACE THE NATION…

ASK ABOUT WORKERS COMP GRAVY TRAINS NOW https://askaboutworkerscompgravytrains.com/2013/06/30/ask-about-workers-comp-gravy-trains-start-with-wyndham-worldwide-and-keep-going/ https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/ LIST OF POSTS – ASK ABOUT WORKERS COMP GRAVY TRAINS HAVE YOU READ THEM ALL YET? Did you FOLLOW?Did you SHARE?Do you have a Workers Comp / TBI story to share?Do you have a Guest Blogger to Recommend??Yaaaay, WE ARE THE MEDIA NOW…  Ever grateful that Anonymous PRECEDES Unanimous.Think locally. Act GLOBALLY.  OCCUPY virtually.what if you realized how powerful you really are https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/ Sure loooooks like FRAUD, doesn’t it?? Where’s the DA Task Force??!! WCAB ADJ8181903 One Ant Says: “FACE THE NATION” Workers Comp Gravy Trains and Racketeers. SOS from Lucy Occupy….. Allegations of #WyndhamWorldwide #WorkersComp Fraud and Racketeering?? D’oh! SOSOOSOSOSOS#WORKERS COMP FRAUD, denied medical care to #WyndhamWorldwide brain injured worker: “You create your own opportunities”Injured Worker, Brain Injury Survivor exclaims, ‘I AM INJURED, NOT STUPID!’Psychopath Alert! Workers Comp is just another DePopOp?!! Son•der•kom•man•dos???!!! 0.0#WYN Lawyer Doctor-Shopping Jokes aka “Authorization Denied, Denied, Denied, LOL, DE-NIED.”Workers Comp Doctors, Lawyers and Gravy Train Riders – $4,000+ per bogus medical report?? D’oh!Injured #Wyndham Worker – Driven to Madness …. 8,696 dangerous miles desperately seeking immediate reasonable and appropriate #TBI medical careWyndham Worldwide, Is there a WIDGET ASSEMBLY department??!Ask About Workers Comp Gravy Trains. Start with #Wyndham Worldwide and Keep Going… THE POWER OF ONE:  inspirational video of less than 8 minutes  http://www.youtube.com/embed/bPW9mIrQcXA ONE ANT https://www.facebook.com/pages/ONE-ANT/279832855491780 WE ARE THE MEDIA NOW, and for that, WE ARE RESPONSIBLE…. till last gasps.