#MicCheck! BIG LABOR? WHERE ARE YOU!!!?? –Dr. Robert Weinmann and WorkComp Linda– The discussions continue

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CA Workers Comp System and The State Of Injured Workers: Interview With Dr. Robert Weinmann

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COMPEL THIS! WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Linked In photo July 2015  LINDA
“WE ARE THE MEDIA NOW”

NOW, 2015

Honorable Judge Robert B. Hill

Workers’ Compensation Administrative Law Judge

WORKERS COMPENSATION APPEALS BOARD  – State of California

3737 N. Main Street, 3rd floor

Riverside, CA 92501

RE:          ADDENDUM TO DOR AND OBJECTION TO PETITION TO COMPEL ATTENDANCE  (sent yesterday)

Dear Judge Hill:

I pray the Court will finally intervene on my behalf, and on behalf of all American Injured Workers subjected to such abuses by the insurance industries and their goon squads.

Senator Fuller suggested that I take my concerns to the DIR, and the FBI suggested I take my concerns to the DOI.  Been there, done that.  There will be a special blog soon on how and which State Officials and Agencies and Legal Communities also fail injured American Workers, in this case and in others.

As I am preparing for your Court and re-filing all the medical/legal papers in my possession, in reviewing the Medical  Index in use by the Defense, I noticed yet another omitted report dated February 6, 2015 from Dr. Hilda Chalgujian regarding these very subjects.  It is a 2 page summary after a series of “discouraging” CorVel communications.   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)

I ask that you include this in your reconsideration of your order to compel me to see an Ear Nose and Throat doctor as well as yet another set of neuro-psych tests for a very well documented brain injury of 1/9/12, treated by defense primarily with a few chiropractic sessions, a few clinical psychologists in 2012, 2013 had some physical therapy, 2014 finally saw to some speech therapy, occupational therapy and more physical therapy and sessions with neuro-psychologist and a few acupuncture sessions.  That’s hardly compliance with ACOEM, MTUS or even common sense.

Dr. Chalgujian’s initial report is approximately 40 pages, which includes her testing results and her comprehensive review of all medical records up to April 2014, when she agreed to begin to treat me.  Defense had no neuro-psychologists and I had to make many calls to find a local brain injury expert, and Dr. Chalgujian’s name was constantly recommended.  As a result, she agreed to treat me, then defense wanted her to do another evaluation, which she agreed to and provided.

Please note that the difference between Dr. Chalgujian’s reports and those of QME/AME doctors — Dr. Chalgujian does the testing herself, and writes the reports herself, and reviews all the medical records herself.  I know of no doctor in the WorkComp system that does so — in fact, a few have admitted that their “well trained” (non-medical staff) write the expensive reports that that doctors just sign.  I suspect most don’t even even review them, or if they do, I would have to further suspect how they made it through medical school.

I don’t know if Dr. Chalgujian has been paid for her reports or all therapy visits; I know that Defense has refused to reimburse me for even those medical miles (90 miles, round trip; weekly for a while; gas at approximately $4.00/gallon.  I hope to meet with Dr. Hilda to discuss resuming treatment with her, either via my alleged Workers Compensation Insurance coverage, or via my Medicare policy, awarded through recent total disability designation by the Social Security Administration.

If CNA continues to refuse to provide estimated Permanent Disability funds (they have breached the Law repeatedly on refusals to pay TTD as well, so there is no reason for me to expect right action or legal compliance at this stage either) , with penalties, and if WCAB allows them to continue all these atrocities, then I will be unable to continue at the Coastline Acquired Brain Injury program in Newport Beach — the lodging, travel and meals out are too expensive and I don’t know how I am to survive on the SSA award income.

Without completing the Coastline program, and dealing with the vision and auditory processing issues,  speech and vestibular issues and other yet unknown issues (EEG scheduled for next month, self-procured, because CNA doesn’t apparently think they are valid for brain injury diagnosis, nor have they provided MRI’s)  I don’t know how I will ever be ready for a trial return to work.

If I am unable to return to Coastline 8/24/15, my entire support system will break down, leaving me somewhat defenseless and could cause a loss of all the progress I have made in learning compensatory strategies.

Neuro-vision evaluations and vision therapy, acupuncture, Brain MRI’s (2012, 2014) as well as scientifically based functional neurology treatments have been self-procured since carrier’s callous disregard for law and life is indisputable; in October 2014, a State run program, the Coastline Acquired Brain Injury Program at Coastline Community College, best in the nation for people with disabilities and more, has also been self-procured.

How is this and EXCLUSIVE REMEDY when doctors are simply paid to write reports with recommendations for treatments that are ignored, then the select few doctors write clearly false reports at the beckoning of the defense, and the defense churns the file for billable hours, shifting cost burdens to injured workers, State & Federal Tax payers?

With the thousands and thousands and thousands of dollars the defense has paid for reports – false and otherwise – a fraction of those monies spent on medically necessary care might have helped me heal, and perhaps returned to work at any point along the way.  I have SPENT more than $43,000 to-date to survive these atrocities.

How many thousands of dollars has the defense laundered through how many unclean hands to cause such harm to me, and Injured Workers like me?  “Follow the money.  Always follow the money.”

 

“Compel” the defense to identify what TREATMENTS they have provided; I CAN PROVIDE A LIST OF ALL RECOMMENDED TREATMENTS THAT THEY FAILED & REFUSED TO PROVIDE SINCE DATE OF INJURY.  

COMPEL THIS!  WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Is it time for more serious discussion about THE DEMOLITION OF WORKERS’ COMP?   ProPublica peeps have just discussed the tip of the iceberg….Write on Michael Grabell and Howard Berkes!  Keep involving the industry experts…..shatter their delusions.

cognitive dissonance

Let’s do something good for America, your Honor.

Hold these insurance companies and their defense firms accountable for their actions, and do what you can for some house cleaning at 3737 North Main Street.

Thank you for your consideration and an expedited hearing.  Mediation might be a good idea to save the Court some bother, wouldn’t you agree?  It would be great if a representative from the Corporate Fraud Unit of the Office of the District Attorney could be invited to observe and review.

Sincerely,

Linda Ayres, In Pro Per

Wyndham Worldwide Shareholder, Injured Worker

#WorkComp & #BrainInjury Survivor

PO Box 835

Yucca Valley CA 92286

ADJ8181903

760 368 7236

Attachment:   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)

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#WorkComp: It’s Complicated or Obfuscated?

work comp guidelines

Linda Ayres “It’s Complicated or Obfuscated?”  vs Wyndham Worldwide – EDD and CNA and SSA  TTD, PD, and More

WorkComp – ADA, AME, CNA, CorVel, DOJ, EEOC, FBI, Grancell, IMR, Maximus, QME,  WCAB, WorldMark, WyndhamWorldwide – ET AL

TO STAKEHOLDERS, SHAREHOLDERS AND OTHERS TO WHOM IT MAY CONCERN:

workcomplinda@gmail.com, Favio.Corral@cna.com, Demetria.Winkler@cna.com, Christopher.Lucas@cna.com, Joshua.Ramos@cna.com, Blair.Shropshire@cna.com,  Shauna.Chiappella@cna.com,  Brent.Wisniewski@cna.com, Steven.Anderson@cna.com, Amy.Dreibelbis@cna.com, Jonathan.Hueschen@cna.com, Robert.Strozak@cna.com, Eden.Mauro@cna.com, Alissa.Mitchell@cna.com, Ryan.Carbah@cna.com, Julie.Western@cna.com, lindaayres@aol.com,  Reese.Walker@cna.com, Nina.Jones@cna.com, Jo.Speight@CNA.com, Joshua.Ramos@cna.com,  Amanda.Settee@cna.com, Kirtan.Dave@cna.com, fred.sachs@cna.com, SReubens@grancell-law.com, info@naidw.org, Faith.Taylor@WYN.COM, michael.grabell@propublica.org, mary.falvey@wyn.com, PATRICIA.LEE@WYNDHAMWORLDWIDE.COM, tina.jordan@wyn.com, kmall@grancell-law.com, amy.labroo@wyn.com, doug.parks@wyn.com, Scott.mixon@wyn.com, wvoleavesupportcenter@wyn.com, Jonathan.Isernhagen@wyn.com, Walter.Yosafat@wyn.com, sara.rojas@wyn.com, mike.reilly@wyn.com, Carol.Bullock@wyn.com, Megan.Gormley@wyn.com, Josh.Lesnick@wyn.com,  Sara.Salvatore@wyn.com, Barry.Goldstein@WYN.COM, Kitty.Pang@wyn.com, Faye.Tylee@wyn.com, shane.riedman@cna.com, Daniel.Tregoning@cna.com, Denise.Norman@WYN.COM, Nelson.Leiser@WYN.COM, Elena_Vega@corvel.com, imrhelp@maximus.com, RShafer@ReduceYourWorkersComp.com

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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.

(In this ongoing fight for my life, the Public Version of this missive is located at https://askaboutworkerscompgravytrains.com/list-of-posts)
 

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
wynlinda@gmail.com
WorkCompLinda@gmail.com
lindaayres@aol.com
cell:  760 368 7236
PO BOX 835
Yucca Valley CA 9228

political language (2)

TIPS
#1  Employers that send GET WELL CARDS to injured workers and maintain communications achieve better return work results and over all outcomes.  See more here:  http://wcmanual.com/get-well-cards-package-of-10/

#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.

See comments by Master Sgt. Steckman, a fellow ABI Survivor at Coastline and cast your vote at the DoD link:   https://askaboutworkerscompgravytrains.com/2015/05/29/military-or-civilian-got-tbi-imagine-a-3-app-to-help-brain-injury-survivors/  

#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.’

START WITH THE SCIENCE.  DO YOUR OWN RESEARCH.  SEE THE SOURCES IN EACH OF THE ARTICLES; DRAW YOUR OWN CONCLUSIONS    http://www.veteranstoday.com/author/bobnichols/

#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’….

#InjuredWorkersUniting  #SilentNoMore

#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

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#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….’

WIN WIN

WE ARE THE MEDIA NOW

 WE ARE THE    MEDIA NOW