Read and share, blog about it, as if lives depend on it. The existing model of PROFITS BEFORE LIVES SEEMS TO BE A SWATH OF VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND VARIOUS STATE CONSTITUTIONS.
Carpe’ Diem, Y’all! [ “To put aside all differences, all fears, all worries, and just go for it. ]
Let’s hope for a WORKCOMP CONGRESSIONAL TASK FORCE that includes cooperation of not only Department of Labor, but also the Department of Justice, the Federal Bureau of Investigations and yes, the National Guard to Protect Injured Workers in the most offending, dangerous states until solutions are found. Demand Domestic Torture Reports as a result of existing Workers Compensation practices.
Send a note of thanks to these Congress people who have gone on record before the America public of their concerns of the nation’s treatment of injured workers, forcing them into poverty and premature death.
Tell them your story too, and ask for an immediate TASK FORCE TO FURTHER INVESTIGATE AND PROSECUTE PERPETRATORS OF HARM TO INJURED AMERICAN WORKERS.
Do you remember the “Women’s Revolution” and the “Civil Rights Movements” of the 60’s and 70’s? Hey Kids, Yes, We Had a Revolution, just like John Lennon sang about. We marched, we sang songs, we protested. We wrote letters. Many of us then assimilated into main stream society. Some continue to know WE HAVE A DREAM. Others were and are total sell outs.
Draw your own conclusions, but be aware, the WarOnWorkers is real.
I made it more than 45 years without being harmed by WorkCompsters, and I have been fighting for my life nearly 4 years now, a rookie in the field of WorkComp Survivors.
The only real choice a seriously Injured Worker seems to have without Congressional intervention is “the shower on the left or the shower on the right.”
Workers Compensation Insurance is a MEGA BILLION DOLLAR INDUSTRY, with apparently legislated fraud written on behalf of those shareholders and workers who profit the most.
District Attorney offices, at least in California, are provided with millions of dollars each year to “fight fraud”….. How’s that working for California’s injured worker population so far? You might have to wait 3 or 4 years for a call back!
WORKERS COMPENSATION IS NOT AN EMPLOYEE BENEFIT.
“It’s a Shell Game!” Injured Workers are the Cash Cows for the industries. You don’t believe it? Ask any Injured Worker Survivor, or any Doctor or Lawyer or other provider who has left the business, refusing to participate in the harm to injured workers for the profits of the few.
If you’re injured on the job, BE PREPARED TO FIGHT FOR YOUR LIFE AGAINST SOME VERY FORMIDABLE ENEMIES OF HUMANITY. There’s no “opt out” for the injured workers — it comes with a complete stripping of civil and human rights. Thanks, Legislators!
If you have friends or loved ones being destroyed by the system, don’t let them fight alone. Don’t let them go to doctor evaluations alone. Document everything. Congress may indeed instigate WorkCompGate investigations.
Study the video you can find on YouTube called DEFENSE AGAINST THE PSYCHOPATH. It’s a documentary. It will give you clues to survival.Today, you don’t have that privilege unless you want to go out as martyr, due to the radiation levels in our Country, too!
YOU HAVE THE INTERNET! WE ARE THE MEDIA NOW. ‘Teach your parents well….. THINK LOCALLY * ACT GLOBALLY #OccupyVirtually and #DodgeTheRads!’ We fought against things also like this:Well! Some industry men have suggested that the tone of my blogs is too angry, and that nobody likes to deal with angry people, and that angry women seem to indicate a need to be ‘locked up in a psych ward’ — ‘medicated with mood elevators’ or have a ‘Court Appointed Conservator’ to make decisions to maneuver through the Workers Compensation Systems.[Doctors and non-retained attorneys have told me to KEEP screaming, somebody has to do it!]How about the neurologist who said ‘Women over the age of 35 are not entitled to medical care for brain injury’…. Or the forensic psych who suggested there was no concussion, just “poor anger management skills” and no medical treatment necessary. What about the Judge who said, “Don’t use the word ‘fraud” in the Courthouse— that’s a legal term.” Are we seeing patterns here, too? Do we hear “MCPs” squealing a bit? Goodness, what a set of setbacks for Americans everywhere!
HA! Tell that to Rosa Parks fans, huh?
WHAT ABOUT “JUSTNESS” Ask Kimberly Motley, Esq? Her TedTalk on “How I defend the rule of law” is stellar! It has almost a million views!
Is this a legitimate RETURN TO WORK process and program??
“Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.
In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.
We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise…… [see the rest below] “
How’s that working for YOU? OBFUSCATIONS! VIOLATIONS! DECEPTIONS! DELAYS since 2012!!
What would Liz Ryan of Human Workplace say/do? D’oh!
From: lindaayres <firstname.lastname@example.org>
To: LINDAAYRES <LINDAAYRES@AOL.COM>
Sent: Fri, Jul 10, 2015 9:52 am
Subject: Linda Ayres – Return to Work – Interactive Process, FEHA, ADA Coastline ABI Program and more
To: Tina Jordan, HR Regional Director and Michael Dougherty, National Risk Manager and WVO Leave Support Staff
cc: Supplemental People / Stakeholders / Injured Workers / WorkComp Industry Experts and Profiteers
Attached please find requests for employee discounts at the Costa Mesa property for the Fall Session of the Coastline Acquired Brain Injury program.
This will apparently prevent further loss of time and further harm and interference with care to me, while you figure out or develop a legitimate Return To Work policy for Wyndham Worldwide.
The dates for required lodging to continue participation in the Coastline Acquired Brain Injury Program are for 8/23-8/27; 8/30-9/3; 9/7-9/10, 9/13-9/17, 9/20-9/24; 9/27 – 10/1; 10/4-10/8; 10/11 – 10/15; 10/18- 10/22; 10/25 – 10/29; 11/1 – 11/5; 11/8 – 11/12; 11/8 – 11/12; 11/15-11/19; 11/22 – 11/25; 11/29-12-3; 12/6 – 12/10.
Please return them, signed, by or before 7/14/15 so that I can register for the fall program, knowing I have a place to stay.
Please send me your proposal for return to work based on all evidence in so far, and I will reschedule meetings to discuss medical release with my doctor(s). Because I did not have the information, this week’s meetings with my interdisciplinary team were essentially wasted, other than the encouragement to seek employment law legal counsel to KNOW MY RIGHTS.
Sadly, due to Wyndham refusals to meet with me in interactive process (requested meeting since May 2015) and Wyndham refusal to provide training information for discussions treatment team this month, please simply extend my accommodations request for continued leave through December 11, 2015. This further extension will provide time during which time the following can be accomplished:
Wyndham can provide a TRIAL Return to Workproposal and offer, based on all known evidence, Upon graduation from the first year at Coastline ABI Program, it is highly possible that I may be able to return to work with minimal accommodations. During the Fall session, because part of the intention of Coastline is to help people with brain injuries return to work or community service, an accommodation plan for Wyndham to consider would be a split week (after the 2-4 week sales training). Attending Coastline on Mon Tue, or Tue Wed with 3 days (for example, Fri, Sat, Sun) to transition back to full time work would be a consideration, starting in late summer/early fall, to be determined.
Reassignment to a new position such as VLO, or a new position that can be done virtually, such as assisting with development of a legitimate Return to Work Program in every state, starting in California (then perhaps Florida, another Wyndam hot-spot for WorkComp violations);
As I have repeatedly suggested, perhaps a position could be created for me to function as an Advocate for Injured Workers or to head a team to seek a change of providers for the failed CNA insurance WorkComp coverage, irregardless of what Board Members and/or other staff may have conflicts of interest in keeping CNA. That is another issue altogether, isn’t it?
Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
New private neurologist seems quite alarmed that CNA refused to have the April 2014 EEG further evaluated with medical evidence, as recommended by their neuro-consult doctor. Several more EEGs and possibly MRI’s are being scheduled
Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
Submit new and past due reimbursements requests to CNA and WCAB Audit Unit with complaints re CNA failures to make payments of estimated permanent disabilities (should have commenced last year). I have spent more than $43,000 to survive the Wyndham WorkComp program.
The additional time will also give defense time to organize and correct the mistakes and omissions on their version of the medical index prior to any further evaluations. While defense insists that, apparently, because I have not died from lack of medical care, and because I have not become homeless because of failures to provide disaiblity benefits in compliance with law and the insurance policy, that mediation for the work comp case is premature, as they know, the employment law issues are outside of work comp. I believe Grancell has an employment law division and they will most likely be happy to engage in a lawsuit that may cost Wyndham Worldwide hundreds of thousands of dollars in legal fees to defend. Maybe that’s covered in the policy as well, so no real risk to Wyndham, just more money for Grancell. Not my problem.
Update complaints to DOI and FBI
Update information ot the media, social and mainstream
As you know, Social Security Disability Hearing finds me chronically and permanently disabled, gives little weight to the reports of AME/QME doctors of 2013, as they ‘did not have sufficient evidence’ and it is certain that a legitimate WorkComp Judge would find the same, if not finding pure felony fraud of those reports. Social Security gives an injured work an option for Trial Return to Work. In light of this week’s Wyndham shenanigans, and the pending additional false reports Grancell apparently hopes to obtain while further churning the files, completing Coastline ABI Program through December 2015 seems to be the most streamline accommodation, with a plan in place to resume a TRIAL RETURN TO WORK at that time, assuming medical release.
A “structured day” is critical to someone with a brain injury, so while Wyndham, CNA and Grancell diddle further, continuation at the ABI program is essential for my overall health and progress. I have no reason to believe you will act in good faith now, as it has not been your practice yet. Remember, you both have failed to intervene in helping me get medical care or disability benefits since the date of injury. Remember, there was no ‘proper notice of MPN’ and there was no offer for a ride to medical care on the date of the incident, there have been no get well wishes, and there has only been harm and permanent disability due to the non-existence of a WorkComp program at Wyndham Worldwide/WorldMark by Wyndham. Great benefits if you’re not injured; total devastation if you are. One day, you may also get to experience it. Your knowledge will not protect you, either. You’re pawns in the bigger game of THEIR PROFITS. One day you may see that, and have some remorse for the harm you have done to me, and who knows how many others. That may be a ‘pearly gates’ accountability for you, but you will be held accountable, as we all are, for all of our actions. That’s just how life works. There are no free lunches, and no free gifts!
While one doctor had indicated that attempting the summer training sessions would be telling as to my cognitive capacity and stamina, your delays and refusals to provide information and to meet in interactive proces, make the summer session (during Coastline break) an impossibility now. I didn’t get the Oceanside and Anaheim dates until after my meetings, so I was unable to discuss with the professionals. Also, since you previously advised that lodging is not provided to trainees, since there are no trainings happening in Indio, we will probably have to wait until such time. Please please keep me posted as to the next Indio training sessions, so that it can be incorporated into a return to work plan/transition from Coastline ABI program plan.
I have no idea why you refused to provide the dates so they could be discussed with people trying to help me return to work. I could have asked the doctors and professors on an opinion to request to be in the Oceanside training, if lodging was included. As it stands, they seem as horrified as I am by the continued patterns of harm and bad faith, and they seem to think it is a hostile workplace, and a severe danger for me. That’s based on what I have told them about my experiences trying to get medical care, and aborted attempts since 2012 to return to work. My deductive reasoning is still a bit off, so I must defer to friends and professionals who suggest that Wyndham means only further harm to me. I don’t want to believe that.
It is incumbent on Wyndham , as previously requested, to provide a proposal for return to work with known requested accommodations. All of my requests have apparently been unsuccessful in facilitating interactive process. WVO Leave Support also refused to correct the mis-statements of the existing leave extension. Please send me a proposal for return to work incorporating all previous communications and this one. Upon receipt of your proposal, I will make fresh appointments to discuss a Wyndham RTW proposal with professionals who can offer counsel.
As you know, time is of the essence and any accommodations requests for a transition plan from Coastline back to work must be submitted with Fall Registration by 7/15/15. It was in that regard that I needed the information for my meetings this week with professionals, to determine what, if any, accommodations to request. Then, you and I were to meet after those meetings. We tried to schedule a meeting, which I first requested when vouchers were submitted for the Summer Coastline ABI program. So, your statements that you remain willing to meet while you refuse again to meet, are baffling, indeed, and clearly false evidence appearing real. That was your same pattern of practice last year, when the Scripps Occupational Therapy Department Supervisor attempted to coordinate a meeting to commence the interactive proces.
If you are relying on Grancell’s staff for ADA compliance information, as a Shareholder, I must insist you seek outside counsel for compliance, and as a shareholder, I must insist that you and Michael Doughterty and other stakeholders demand an outside claim audit of the gross mishandling of my case, internally and externally.
Thank you for your email of last night indicating “… we remain willing to meet with you at a mutually agreeable time and place”. Looks nice on paper, but your words are not congruent with your actions.
For several weeks now I had been attempting to secure an appointment with you to engage in interactive process to plan return to work (as requested most recently as far back as May 2015). While my treatment team was astonished at your email requesting to meet in session with the doctor and me, and your refusal to provide any preliminary information, as I repeated requested, I needed information from you regarding dates of the upcoming training sessions for a Wednesday 8 am meeting at Coastline and a Thursday morning meeting in Palm Springs.
Once I advised you that I have been encouraged to seek legal counsel with an employment lawyer regarding my legal rights, you finally provided the dates of the next couple of training sessions, AFTER MY MEETINGS. I will not see the doctor again for a few weeks, and we will explore the possibilities further.
As Wyndham has all the medical information and doctor reports from WorkComp doctors necessary and pages of my requests and proposals, including the spreadhsheet I did of IF THS/THEN THAT scenarios, and I have even provided you with JANN.org and SCRIPPS Brain Injury Day Treatment Center info on what it would take to have SCRIPPS participate in the interactive process, including their fee of approximately $20,000 for the services – to include further speech, occupational and physical therapy – I don’t know how else to work with you to attempt return to work.
Consensus amongst friends and providers is that I must take actions to protect myself. Many suggest dismissing hopes to make a difference in the lives of other injured workers violated, maimed, and permanently disabled by WorkComp practices such as those I have endured at the cruel hands of Wyndham Worldwide, CNA aka American Casualty and the Grancell team of legal goons with those of the WCAB is a philosophical difference. I have talked with and met too many uninjured professionals who know the truths, and refuse to act. I truly believe that THOSE WHO HAVE THE PRIVILEGE TO KNOW, HAVE THE DUTY TO ACT. I know. I have a duty to act, to save my own life, expose the horrors and atrocities of the abuses of injured workers in California, America and the World, by people making a living off looking the other way, or making up stories to obfuscate facts. Such practices allowed the horrors of Hitler’s Germany to happen, not unlike the WorkComp extermination programs we have today, that profit people like you harming people like me.
So, please please please return the employee discount vouchers by 7/15/15 so that I can proceed with registration for the Fall session of the Coastline Acquired Brain Injury Program — One of the subjects for the next session is Emotional Intelligence at the Workplace, and I am studying the information found on the internet, SELF DEFENSE AGAINST THE CORPORATE PSYCOPATHS. http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml On LinkedIn, I always enjoy the writings of Liz Ryan about the HUMAN WORKPLACE. You might find it of interest, also.
I look forward with anticipation to the Wyndham Proposal for return to work scheduling, training, accommodations and more. I know the employment law lawyer will wonder why I have not received such a proposal, and will likely find your request to meet with my doctor in person, on my dime, more astonishing that I did. (It does not, Tina, conform to ADA/EEOC, FEHA requirements, and whoever told you it did, gave you info to bury you. Somebody else wants your job or what? Get better sources for your information on return to work, and get some training. It’s available. “GOOGLE IT”
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 5243
Attachments: Vouchers for Employee Discounts to attend Coastline Acquired Brain Injury Program
The upcoming training dates for July and August are provided below. As you note, these dates are subject to change, and the precise locations within the cities listed have not been confirmed yet.
July : …. [omitted on web version]
Oceanside: …. [omitted on web version]
Augus t: The Brand will be based on Business/Staffing needs ….
In connection with our offer, as part of our ongoing interactive process, to meet with you and your physician to discuss your return to work options, we ask that you please provide advance notice of at least 5 (and preferably 7) days’ notice of the appointment time and location.
Regarding your mention of fees, though Wyndham is not obligated to pay for your examination by a doctor that you choose to see, the company will consider making an exception for this appointment. Please provide your doctor’s name, rate and the anticipated cost for the appointment as soon as you are able.
Hi Tina: I have not heard back from you or Melissa regarding the dates of upcoming sales training or confirmation of the tentative meeting in Indio today at 1230. Per earlier email: “I can meet you at 1230 in Indio on Jul 9. Will that work for you?” I will consider your failure to respond further confirmation that no interactive process meeting will take place yet.. In light of the continued bad faith and lightly masked hostilities, I will seek legal counsel regarding the continuous pattern of FEHA and ADA violations, and your A-typical attempts to deceive and delay return to work. Thank you. I will be back with you and Michael Dougherty, as the bulk of the violations since 2012 seem to rest on your desks as this moves out of WorkComp jurisdiction to EEOC and State and Federal ADA violations, in a pattern of continuous harm and bad faith. Sincerely, Linda Ayres, In Pro Per
InjuredWorkersUniting; Silent No More
From: LINDA AYRES – We Are The Media Now <email@example.com> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<firstname.lastname@example.org>; Stewart Reubens<SReubens@grancell-law.com>; email@example.com<firstname.lastname@example.org>; Michael DOUGHERTY<email@example.com>; <firstname.lastname@example.org>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<email@example.com>
Subject: RE: Return to work request and training session dates requested
Hi Tina, Thank you for your response. I still need to know the upcoming dates of the next sales training sessions for my appointment tomorrow and for the Coastline transition plan and accommodations proposal. Please advise today. Just the dates to facilitate informed discussions and planning, please.
I already found out that Palm Springs sales office is temporarily closed. Please provide anticipated reopen date, as location is another factor of concern in planning, important to me and to my treatment teams. Your non-response to the dates was similar when Scripps Brain Injury Program tried to help me return to work in August 2014, and when Dr Ponton in 2012 tried. Please try to be more helpful. They are just dates, subject to change, to facilitate discussion for return to work. The dates are what I keep asking you for and refusal to provide them seems very hostile and in bad faith. I hope I am wrong. I consider it to be continued bad faith and refusal to engage in timely interactive process.
I will take your letter to the doctor tomorrow and get back to you asap regarding availability, willingness and what else may be required, along with any additional fees that may be required. The agenda for tomorrow’s meeting is already set and I NEED TO KNOW THE DATES OF THE NEXT TRAINING SESSIONS to be fully prepared for my doctor’s appointment. It’s a treatment session not a business session tomorrow morning. I can still meet with you and Melissa tomorrow afternoon for a preliminary meeting, pre doctor session to ensure a productive movement forward. I can meet you at 1230 in Indio on Jul 9. Will that work for you? Daniel Elliott @CNA used a similar tactic in 2012 to obfuscate truth and waste a treatment session with then treating Dr DeGoede, referred to by CIGNA, the Wyndham EAP provider, then CNA cheated the doctor out of 4 agreed upon session payments and then doctor would not even see me on a cash basis. I will not allow you to ruin my opportunity for treatment with this doctor too. As you know, since I represent myself in pro per, I am required to copy defense on all communication with you.
Thank you. Linda Ayres, In Pro PerWWID 415287
——– Original message ——–
Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process. In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work. We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise. Accordingly, please provide available dates and times for an appointment when we can hold this meeting and confirm who the doctor is, his or her office address and what his or her specialty is. If your doctor becomes unavailable for the appointment we confirm, we will ask that you let us know as soon as possible so that we can coordinate with you to reschedule the appointment at the next mutually available time.
Please note and advise your doctor that we are not seeking to be advised of your diagnosis or to be provided other personal medical information. Rather, we are interested in whether and when you will be released to return to work and what if any restrictions you may have as well as how those might be accommodated. I look forward to hearing from you.
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. ….
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.
Hi Tina, Will you please advise the date of the next two sales training classes? I want to discuss with my new doctor team. It’s looking up for a trial return to work. One doctor suggested that a trial return to work could be very beneficial and the two weeks of training telling. While people of “low average” intelligence can certainly sell time share, despite my cognitive impairments and IQ loss, if I can successfully overcome the frontal lobe, auditory and visual processing issues etc, I too may be able to succeed again. 😀 I need to know the dates of the July/August class and location and confirmation that Palm Springs Sales office is still open. I also need to know when we can meet to explore planning. In 2012 one of the WorkComp doctors responded to my question, “When will I know I am ready to return to work” with a snippy, “You’ll know you’re ready when you are back at work.” Many other doctors have said that had I received care in the first year, it was highly probable I may have returned to work in months. Again, thanks to CNA, I have simply been permanently and egregiously harmed. Too bad Wyndham has such a poor WorkComp policy. As you know, Fred Sachs sent me another useless list to work from to find a primary treating neurologist. Seemed to be the same useless one Daniel Elliott sent. Thanks to Social Security Disability and benefits, I may be able to get some legitimate medical treatment from brain injury experts, while building a treatment team for the long term medical requirements likely necessary due to the untreated brain injury of 1/9/12. I now have a local chiropractor, neurologist and psychologist. For the psychologist, for my next session, we will explore return to work planning. As you know, I want to engage in the interactive process for RTW planning. I have not received a corrected version, as requested weeks ago, of the current extension. Let’s get some real dates on the table and a meeting on calendar. Thank you. Linda Ayres, In Pro Per Lindaayres@aol.comWorkcomplinda@gmail.com PS. I am hopeful of return to work without a FEHA Lawsuit….and being the Top In House Sales Rep in Palm Springs Ever….!
I am tired of the abuse by Grancell and CNA……and I am proceeding with complaints to “supplemental people” everywhere. InjuredWorkersUniting; Silent No More
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
Hi Pamela at The Advocator (and other interested parties and Stakeholders):
Thank you for your constant kindness and helpfulness. Attached are the requested EDD pieces regarding disability payments shifted from the insurance carrier, CNA, in their willful and callous disregard of California Labor Codes in 2012 and questionable accounting practices since then.
The good news is that Tina Jordan, HR Regional Director at Wyndham Worldwide in San Diego graciously and kindly authorized the discount hotel vouchers so that I will be able to continue the Coastline Acquired Brain Injury Program for the Summer Session, which begins June 20th and she kindly said more are needed, to let her know.
“THANK YOU THANK YOU THANK YOU!”
There is a company that, as part of their cost-savings recommendations, recommends that Employers send ‘get well cards’ to their injured workers immediately with regular communication toward return to work. (My address is below if any stakeholders want to begin to implement such a program and see where it takes things.) http://wcmanual.com/get-well-cards-package-of-10/ More tips below.
As most of you know, Wyndham HR was advised, apparently by defense, that they could not even speak to me, and when in December 2014 I attended a public open house – no resume required – come meet the managers and find out about Wyndham Worldwide – I was the only attendee from the public, but management made me sit in the empty room for about 45 minutes then politely told me they could not talk to me, couldn’t help me in any way, and that I would have to leave. I was able to see a few former co-workers as they left the office, and that was fun and heart warming. I told one former manager that I’m not quite right in the head yet and he, in kind and sales professional form say, ‘Don’t you worry about that, when you come back we’ll help you get your mojo back…’ or words to that effect, being encouraging and welcoming.
Coastline ABI Program is helping me discover compensatory skills to ‘do life’ again, and I am very grateful. It was the kindest letter I have received from Wyndham since the injury, and I hope to hear back on extension of leave accommodation requested, and that we will commence the interactive process required by FEHA, so that I can get back to work when medically released.
The doctors are not hopeful of my return to work this year, but I am. A second year at Coastline Acquired Brain Injury Program has been suggested by multiple people, and I do not like the label of being “100% disabled”…..my accountant used the term on my taxes as she said, “Linda, it’s been over 3 years. Do you really think you will ever be able to return to work?” NOBODY LIKES TERM DISABLED, AND I AM DISABLED BECAUSE OF CNA’S REFUSAL TO PROVIDE IMMEDIATE REASONABLE AND NECESSARY MEDICAL CARE IN 2012. Monsters, but friends tell me, “Those lawyers are just doing their jobs” and I always say, “So did the Sonderkommando! Just following orders is an insufficient defense!”
Here is the EDD 6/1/ 15 “Explanation of Benefit Payment Record” from 2012 through 2014. [available to the public upon request at WorkCompLinda@gmail.com] Also attached are CNA print outs. [Available to the public upon request at WorkCompLinda@gmail.com] My math skills have been reduced dramatically since the injury, and I can’t make senses of any of this. I just know that CNA has gotten away with some pretty coarse ‘cooking of books’ and violations of labor codes in initial refusals to pay TTD, refusals to provide medical care, and continuous outrageous refusals to reimburse simply miles to their doctors, and medically necessary treatments that were recommended but denied by non-doctors—being lawyers and adjusters without medical expertise, further evidenced below.
I am awaiting response from appeal of February/March 2015 from another industry leased/owned company called MAXIMUS. Defense sent them exparte records with probable intent to continue to deny medical care, and we’ll see if Maximus deals with medical realities or just follows orders of their benefactors. CorVel certainly appears to follow implied directions of the defense counsel, even when an idiot would questions some of the directions. A YELP review of some of their doctors, including their acupuncture and dope dealing neurologists who perform ‘independent medical reviews’ on behalf of CorVel would make you laugh, to lighten the intensity of the allegations herewith. FOLLOW THE MONEY, ALWAYS FOLLOW THE MONEY.
Will you let me know the findings of your accounting people also? I am still working on organizing medical expenses to submit that may serve as further offsets. I have spent more than $35,000 out of pocket to stay alive, despite the interference of CNA and their legal counsel in their continuous pattern of malicious, callous and willful harm, and ‘deny medical care by any means necessary’ approach to breaches of fiduciary responsibilities.
Now they want me to see an Ear Nose and Throat doctor for my brain injury, a doctor’s office that admittedly has no knowledge of brain injury. As loss of hearing was mentioned in a very comprehensive auditory processing evaluation performed at the SCRIPPS Brain Injury Rehabilitation Program last summer (2014) now the Defense attorney wants an ENT to dispute it so they can continue to refuse to provide auditory devices and auditory therapy.
That ENT request is the same nonsense as their leased/owned neurologists who have no clue that vision processing issues are a consequence of brain injury, and ‘corrected vision’ with prism lenses (that CNA also refused to pay for, or even authorize evaluations since 2012. The Judge refused my ADA requests to be seen and heard regarding this matter, as is another pattern and practice of WCAB Court I have experienced repeatedly since 2012.
I fullly expect Grancell to demand a podiatrist QME for my right ankle any day now.
I don’t know where the Workcompsters find their doctors and other participants, but it was heart warming to read about the recent bust of that dirty doctor ring in New Jersey last week. I hope the FBI commences investigations into WorkComp, in California, with my case.
I don’t know how these records show the approximately $49K payout by EDD and the approximately $31K payback by CNA, with a bonus of approximately $18K by negotiated discount to CNA, apparently from Taxpayer coffers?
By copy, I am letting the CNA Adjuster know the actuals paid by EDD and asking if CNA wants to adjust their allegations that they “paid 104 weeks”…. the schedules of payments certainly dispute that, don’t they? They may also want to revisit their legal responsibilities to pay on-going estimated permanent disability payments commencing 14 days after last TTD payment….which appears to be … May 2014 by EDD?
THANK YOU THANK YOU THANK YOU
Sincerely, With Thanks,
Linda Ayres, IN PRO PER
cell: 760 368 7236
PO BOX 835
Yucca Valley CA 9228
#2 Google “Manage My Fatigue“ for a new app released by one of the instructors at Coastline Community College, with an aim to assist the Department of Defense in a simple app (utilizing more than 25 years research of helping Acquired Brain Injury Survivors deal with cognitive fatigue and reintegrate into mainstream life post TBI, and post concussion and post PTSD. Michelle Ranae Wild can also be found on LinkedIn.
#3 “Your Radiation This Week” ongoing weekly series contains information that impacts not only the hospitality and travel industries, but also the risk management arms of the insurance industries. http://www.veteranstoday.com/author/bobnichols/
Bob Nichols, Writer and Contributor at VETERANS TODAY has written extensively on nuclear matters, pre-and-post Fukushima. The #Wigner Effect may end up being one of the very visible consequences with the least plausible deniability in the coming days/years, as more planes crash and burn. Aviation catastrophe attorneys may soon be finding an uptick in their businesses. Even drive-to-destinations are impacted, as you will see that Bakersfield, California is the Champion of CPMs in the USA …. (highest radiation readings as of last week)…. Remember remember to also ASK ABOUT FUKUSHIMA NOW, and don’t believe the pro-nuker propaganda that ‘there is no immediate danger.’
#4 ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/list-of-posts/ is an amateur effort to increased awareness of Brain Injury and the horrors of the common practices of WorkComp insurance carriers such as CNA, which cost shareholders money, cost corporations loss of producing employees, and cost injured workers their hopes, homes, dreams and life….all for the mega profits of the few who are ‘just following orders’….
#5 Huff-Post has a series of contributors writing about Brain Injuries, that the adjusters and doctors might be wise to review. https://www.google.com/?gws_rd=ssl#q=huff+post+brain+injury On the whole, it does seem that Brain Injury Survivors have much more information about symptoms, consequences and treatments that the vast majority of the AMA and ABA crowds..and LinkedIn has a wealth of resources, as does Facebook. THINK THINK THINK MOFOS thanks
#CountOnMe is a favorite Wyndham Slogan, so to each and all of you, i remind you, I AM INJURED, NOT STUPID; #CountOnMe…. to expose these atrocities and either help you correct them and/or help the FBI investigate and indict with probable cause and plenty of evidence. For any of you who may be people of faith, you also know that ‘One person and God constitutes an Army….’
“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!
CNA / Grancell Defense Team apologizes for the misunderstandings and failures that preceded settlement. CA ADJ8181903
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.
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….
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.
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:
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.
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?
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/
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?
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.
Re: Request for ADA Accommodations and Change of Date of Hearing
Dear Judge Woolsey:
In an attempt to minimize the continuing harm caused to me by many unclean hands in this WorkComp case, I am respectfully submitting ADA Accommodations for the upcoming Status Conference Hearing in your Court, scheduled for my birthday, April 8, 2015 at 8:30 am.
Will you kindly move the date to a Friday, or a Thursday, to minimize the continuous harm to this injured worker, and will you kindly ensure that the requested ADA accommodations are honored.
I have never been heard by a Judge regarding my violated rights to immediate, reasonable and appropriate medical care. Date of head injury, 1/9/12.
I have an untreated Brain Injury and I am surviving Workers Comp to the best of my abilities and I believe Congress needs to initiate #Domestic Torture Reports for the conduct of those running WorkComp in America. By copy, I am asking for help on these complicated matters from Senator Jean Fuller, Deputy District Attorney Jennifer Lentz Snyder, the Employer Fraud Task Force, and the investigative journalists at ProPublica, and the world at large.
“Over the Counter Analgesics” recommended by WorkComp doctors for Traumatic Brain Injury? Defense repeatedly omits approximately 300 pages of medical records with intent and success to deny medical care, without consequences to anybody but injured worker, and to the profit if the defense firm and industry doctors? Another doctor alleges there was no witnessed slip and fall, and if there had been, of course, medical treatment must be provided, but it was probably epilepsy.
Three industry doctors falsely stated the date of injury in their reports as “1/9/1 3“, and used medical evidence of 201 2 to support pre-existing conditions. When brought to their attention, they simply changed the date of injury reference, and made no changes to false conclusions, all with intent and success in denying medically necessary treatment for over three years.
How is that any good in America? Super lawyers have told me my case is not unusual, it happens all the time. Upon confirmed diagnosis of brain injury, TTD benefits were terminated in April 2012, State disability was paid, and when I sought assistance from I & A, Ms. James asked if I was stupid, and why wouldn’t I want the greater income provided by the State. I showed her the Court order and she said, “well, it says ‘if necessary'” it would be reinstated… I was still TTD, so that was another violation and direct harm from the WCAB. In May of last year, CNA reimbursed the State of California what they paid, less approximately $18,000. I appealed that, and that Judge said it wasn’t my money (so I assumed they just gave the $18K to CNA from California taxpayers, and I had to go to the Salvation Army during that charade, to get help to keep my utilities on and find food. Monsterous.)
They (Defense and my then-counsel) attempted to coerce me to accept a $100,000 settlement, less attorney fees, in November 2012, without the requested evaluations and treatment that first year, less attorney fees, and required resignation from my job, and a promise to not file for social security disability for at least 3 years. The representing attorney told me, “Work Comp is a very small community, everybody knows everybody. If you don’t take this, you’ll get nothing. Nobody will believe you have a brain injury.” I told him that’s because he didn’t get me to any of the recommended doctors, nor get me any of the recommended treatments, and that I am injured, not stupid.
Defense and I & A Officer reiterate that “it’s a small community, everybody knows everybody”. What does that sound like to you? I think the DOJ should find it of interest, don’t you?
Investigative journalists have said, ‘too bad, happens all the time, best you can hope for is SSI and an early death’. How about the insurance company call in Fall 2014, in response to pleas for help to get medical care after 2.5 years, who asked, “…so tell me, Linda, when ARE you going to die?”
Your honor, I think there should be some investigations and arrests regarding my case, don’t you?
While Valerie James, Riverside I & A officer, not known for compliance with ADA law, advised me on the phone today that requesting a change of date so that I do not miss time from the State run Acquired Brain Injury Program at Coastline Community College “is not an ADA request” I will seek further counsel there.
It seems to fall under the category of reasonable requests, particularly since I have to travel over 100 miles to get to the program, pay for a hotel room, and eat meals out in order to obtain help for compensatory strategies to deal with the untreated brain injury of 1/9/12 and consequent second impact trauma of 2/4/12 and a more recent injury, related to the initial injury, of 12/3/14.
In order to be present for further Defense file churning and use of Court time, I will have to miss a full day of compensatory strategies by leading brain experts, I will have to repack from a Newport Beach Hotel and find a Riverside hotel, unpack, pack again, show up at Court, listen to Defense continued chicaneries, then drive back to Newport Beach for the final day of the program, on a Thursday. While to someone without a brain injury, that sounds like “no big deal”….. for someone with cognitive impairments, slow processing, auditory and visual impairments, it is close to a devasting demand.
It took me two years to get in front of a Judge at WCAB to be heard for my right to medical care, denied now more than 3 years, with the help of the Information and Assistance Officer. At one hearing, when I requested auditory aids, not only did she deny them, she confiscated my cell phone and the recording devices I had brought to make it an easy request. At the last hearing, in July of 2013, it was an extended continued hearing, and when I arrived, there were none of the accommodations requested.
In fact, I had to be addressed by the Judge, in a Court room of lawyers, with all my paperwork sitting in my briefcase, behind the Judge’s chair. I was not allowed access to the papers and I don’t even recall much other than the horrors of such a violation. The Judge told me that issues of fraud are not addressed in his Court and that if I had such allegations, I was required to verbalize my concerns.
I HAVE A BRAIN INJURY, WITH SPEECH, VISION AND AUDITORY IMPAIRMENTS.
I asked then for a postponement so that I could find a government agency to help me address my concerns of felony fraud that permeate my case, and I assured the Judge I had no intention of returning to his Court until such time. Sadly, I have learned that Fraud is a non-prosecuted pattern and practice in the world of Workers Comp.
I have been denied disability benefits, medical benefits, and I have been harassed, discriminated against, bullied and more since this injury, and much of it has happened with WCAB Riverside knowledge, and in some instances, participation.
Does it make sense to have an Orthopedic Surgeon, who fully admits he has no knowledge of brain injuries, as the designated primary treating physician since 2/15/13, and to have every one of his requests for specialty evaluations and treatments denied denied denied?
Originally, when he was designated, Ms. Mall of the defense, and Ms. James of your offices, assured me that I could not have a Phsyiatrist or Neurologist of Neuro-psychologist as the treating doctor, but the orthopedic surgeon could as for such. After months and months of denials, defense firm said the requests were denied since the orthopedic surgeon had no brain injury expertise. What a “Grand WorkComp Fraud” I have been victimized by.
Now, they want yet another battery of Neuro-psych tests…. although they ignored the results and failed to provide requests for treatment by doctors since 2012 — Dr. DeGoede – Clinical Psychologist referred by EAP, Dr. Eileen Kang – Neuro-psychologist, referred by Dr. DeGoede since CNA had no neurologists or neuro-psychologists to refer to, then a Dr. Marcel Ponton – QME, Neuro-psychologist, Dr. Lynn Lowell, Neuro-Optometrist, Dr.Eric Ikeda, Neuro-Optomestrist, Dr. Michael Lobatz, neurologist, , ScRIPPs Brain Injury Rehabilitation Center and approximatley 34 doctors, all paid for expensive evaluations, while I have been denied medically necessary treatments since date of Injury. I have spent more than $30,000 out of pocket to survive work comp, and this recent phone call with Ms. James tells me nothing has changed. She is not an impartial Information and Assistance Officer.
While Stewart Reubens, Esq. advised you that “Ms. Ayres has been evaluated by a psychiatric Agreed Medical Evaluation, Dr. O’Brien, an orthopedic QME, Dr. Holmes, and a neurologic QME, Dr. Kent. Currently Ms. Ayres is treating with Dr. Chalgujian, a neuropsychologist. She is also treating with Dr. Darren Bergey.” What he didn’t tell you is that Dr. Darren Bergey is an Orthopedic Surgeon, with no knowledge of Brain Injuries, who requested valiantly medically necessary evaluations and treatments while he was the PTP, February 14, 2013 thorough December 2014. Over the course, he obtained authorization for an MRI of my right shoulder, and upon diagnosis of a severe tear and injury, he was told to change his records to indicate that the right should was non-industrial. His MMI for orthopedic supported that lie.
Apparently, the carrier or defense had threatened his office financially, by threatening to terminate referrals if he a) continued to request brain injury treatment and b) did not change the right shoulder to non-industrial. He cancelled my December 2014 appointment, and said I am MMI – orthopedically, and still 100% TTD from the brain injury. Mr. Reubens also neglected to mention to you that the O’Brien, and Kent reports were an expensive disorganized mess, due to his collegue, Kim Mall, and her little pattern of practice to omit medical records (hundreds of pages!) with clear intent to deny medical care.
Those three doctors seems to have been working directly for Ms. Mall, and when it was brought to their attention that they had mis-stated the date of injury as 2013, and that they were using 2012 medical records as false evidence to deny medical care, they simply changed the date in their supplemental reports, but NOT the conclusions.
That does seem to meet the DIR defintions of felony fraud, but alas, this is WorkComp…. with secret medical records (yes, Ms. Mall attempted to continue to use the Dr Obrien report and asked evaluating doctors to consider but NOT summarize it. I’m not a lawyer, but that seems to be a breach of Article… XIV of the California Constitution, and the 14th Amendment of the US Constitution. Alas, it’s work comp….. nobody seems to have jurisdiction over such wrong doings.
Stewart Reubens, in further acts of ADA and EEOC violations, even suggested that I should consider a Conservator, since I am unable to protect myself from the WorkComp chicanery.
I have repeatedly requested electronic communications due to my brain impairments, and Kim Mall and Stewart Reubens have repeatedly abused deadlines by sending things regular mail.
Perseverance and tangential communications are part of the brain injury, and I am working very hard on learning compensatory skills to hopeful build a life again, after these monsters refused to provide medical care for over 3 years, and the first two years, I could not even leave the house except to get to their demanded evaluations.
I would appreciate a change of date for the hearing, and I would also ask you to kindly ask the Defense exactly WHAT TREATMENTS WERE PROVIDED SINCE THE DATE OF INJURY, and were they in compliance with ACOEM guidelines.
If you are unable or unwilling to change the hearing date, kindly ensure that my ADA accommodations are honored. I will bring the nearly 1,500 pages of medical evidence, and CorVel denials that appear to have supplemented CNA hand-washing.
With all due respect, I have been terrorized by this system far too long and I will seek intervention from the Fraud Unit at the District Attorney’s office, and hope that they will sent a witness to accompany me to the Workers Comp offices for the hearing, on whatever date you demand. This letter will also be a part of my social media records.
I would hope that you would encourage investigation of this case, from top all the way to Sacramento. It appears to be real dirty. Perhaps the investigative journalists at ProPublica and NPR could take a look and provide some direction. Several work comp expert bloggers have written about my case, with concerns.
My blog, if you have an interest, is ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/ …. all the grim details are there….. it’s a crying shame that such things happen in America, in “roughly 80% of work comp cases”.
Attachments (2): Accommodations Requests for Persons with Disabilities 1 of 1 – Change date of hearing; 2 of 2 Reasonable accommodations including quiet room, large table, recording, laptop, support chair and breaks at least every 50 minutes.
Distribution: I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING DISTRIBUTIONS TOOK PLACE ON 3/23/15, IN YUCCA VALLEY, CALIFORNIA 92286 LINDA AYRES
Thank you for your invitation to connect on LinkedIn.
What a surprise!
Please let me know if I have information that can help you make a positive impact on the lives of InjuredWorkers in America and elsewhere.
I bring a perspective to the table that few are willing to consider.
I believe my own case is not unlike that of Romano Trust vs. Sedgwick, except that I am still alive to fight the good fight. (In addition to TBI, shoulder surgery was recommended for me, but having read about Romano case, I declined, pending alternatives to surgery. The defense counsel suggests I’m unable to grasp the complexities of Labor Code, but the following looks pretty simple and easy to understand:
“Similarly, in United States Cas. Co. v. Industrial Acc. Com. (Moynahan) (1954) 122 Cal.App.2d 427, 435 [19 Cal.Comp.Cases 8], the Court said:
“Section 4600 of the Labor Code places the responsibility for medical expenses upon the employer when he has knowledge of the injury. … [ffl|] The duty imposed upon an employer who has notice of an injury to an employee is not … the passive one of reimbursement but the active one of offering aid in advance and of making whatever investigation is necessary to determine the extent of his obligation and the needs of the employee [emphasis added].”5 “
Then CNA objected to the shoulder as an approved ‘body part’, and an Orthopedic QME has been in the works for nearly 365 days. They terminated benefits nearly immediately when they received diagnosis of closed head trauma/traumatic brain injury. They got away with it, too. Tsk tsk tsk. Maybe not in a Federal Court, one day.
My ‘case’ is “not usual” according to many “Super Lawyers.” How unfortunate for America’s working class that the majority of attorneys fail it’s #InjuredWorkers.
Injured Workers have some ideas for the legal peeps, too; we can help you ‘find the money’ that you have been unable to successfully negotiate for yourself.
That up-to-15% tin cup, divided up with incompetent predecessors, makes helping injured workers economically ridiculous, so I am told. It has to change, so you can successfully represent the previously poorly represented, without financial hardship to your firm, or giving away money to attorneys who failed to perform and protect the injured workers that trusted them and retained them.
Or, injured workers, in pro per, will establish vendor networks and break the monopoly the ABA seems to have on WorkComp legal issues. Can’t we all just work together, and get along? Compatible goals would include immediate and appropriate medical care, and expedited return to work processes, and cut out all the dubious file churning. These are lives at stake, not just “cases” and “files.” BE HUMAN!
I suspect that WyndhamWorldwide may be looking for new #WorkComp insurance carrier and defense firms in the foreseeable future.
The CNA handling of my case has been very poor for nearly 3 years. The legal counsel has been extremely sloppy, imho. The timeshare industry on the whole is probably nearly as profitable as the insurance industries, so that could be a business opportunity in progress.
I would like to see every InjuredWorker provided with a copy of THE ART OF WAR by SunTzu to study during any work related recovery and rehabilitation. It could minimize casualties.
It’s been brought to my attention that it is somewhat of an industry standard to terminate benefits upon diagnosis of a “brain injury” or any significant or potentially catastrophic injury.
My diagnosis was February 2012, repeatedly reiterated by more than 30 medical evaluations that did not result in treatments.
For some reason, people in WorkComp often confuse an evaluation and recommendation for treatment with actual treatment, even though the costs are often higher for reports. My benefits were terminated in April 2012, what a coincidence. Court orders, intervention by Adult Protective Services, local politicians, and local Crisis Center have free up funds, periodically. It is what could be considered to be a ‘low grade financial terrorism’ and abuse.
Nearly $30,000 in personal funds has been spent to stay alive and get treatment. Defense apparently has no intentions to reimburse, not even reimbursement of miles to “primary treating doctors” [a PTP is State designated Orthopedic Surgeon to be seen every 45 days to request medical care with brain specialists that is consistently denied by doctor and lawyers without expertise in TBI.] Fortunately, the Salvation Army intervened so that I would have have heat and lights last year. Oh my.
Social Security Disability has been denied twice, as the reviewers do not deem full cognitive abilities are required to sell ‘timeshare’….even if speech is dysfluent, short-term memory severely impaired, compounded by grave disorganization and attention deficits, easily lost to and from home and moreso to and from new places, to name a few cognitive challenges.
SSDI because it’s inconvenient for an insurance carrier to act and provide coverage in accordance with policy terms? Does the State Controller know? How about the Taxpayers? Governor? Audit time?
Cost shifting from a paid WorkComp Insurance Policy to the State seems…. rather odd, doesn’t it? California seems to reward non-payment of benefits to injured workers by insurance carriers in thousands of dollars per incident. Is there sufficient money in State coffers to put injured workers on social services lines?
It has taken Court Orders and Judge time to get basic pain relief such as chiropractic and acupuncture, with total disregard to MTUS and ACOEM and common sense guidelines for immediate interdisciplinary treatment. Is that really the best use of Court time??? It took 15 months for physical therapy authorization of 6 sessions. One “independent” industry doctor stated that since the injured worker (me) didn’t get brain injury care in the first two years, and being “over 35″….. no treatment would be recommended? He teaches neurology at UCLA. God help the next generations!
Is that an EEOC direct hit? 1. Gender 2. Age. 3. Disability.
At one point, the carrier called from Chicago to ask, among other things, in light of non-treatment for nearly 3 years, “…when ARE you going to die?” More recently, defense counsel suggested a ‘court appointed conservator’ since there is such non-acceptance to torture delivered via WorkComp systems and procedures. #DomesticTortureReports-2015 seem necessary and a logical next step.
Since actual numbers of TBI victims reach well into the many millions, it is easier to see how such a risk management strategy of fast-and-potentially-lethal denials could develop as a cost-savings remedy for carriers.
What is your experience or policy regarding treatment for brain injuries? Is it more than CNA’s 3-year plan of a few chiropractic, a couple of acupuncture, and a couple of clinical psychology visits, and when pressed, 16 days in the third year to include speech therapy, occupational therapy, and non-specific physical therapy?
Does return to work ever factor in for closed head trauma, in your experience, or is that age and gender sensitive also?
Here are two more books that could prove mutually beneficial to the Brain-Injured Populations, and those who purport to serve them.
As a “Finalist” in the #WorkCompLaude 2014 category of InjuredWorker, I have been blessed to meet some of the good people in the WorkComp World, many aghast at my story, or my telling of it.
As I often say, “WE DO NOT HAVE THE RIGHT TO REMAIN SILENT!”
Let’s ensure that more nominees are included in all categories are included in the 4th Annual #CompLaude Awards Gala on December 5, 2015!
Asking for assistance from NAIDW.org may prove beneficial to all concerned in the Great Good.
Let’s also see if we can talk David DePaolo of WorkCompCentral into making it a NATIONAL EVENT….EVEN AN INTERNATIONAL EVENT!
Some of us envision State Committees of Correspondents convening and nominating to applaud the applaudable and to indict the indictable.
This story about #Nuclear Workers at #Fukushima seems to illustrate the practices of Corporate responses to Work Injuries and Deaths, globally: