Why Must Injured Workers Create a #CommitteeOfBloggers?

Because WE ARE THE MEDIA NOW.   Ask Amazon Employees.  They know What Time It Its.

WHERE DID THEY COME FROM WHO CARES ABOUT INJURED WORKERS

https://askaboutworkerscompgravytrains.com/2014/annual-report/

TBI END THE SILENCE

LIST OF ASK ABOUT WORKERS COMP CORRUPTION AND GRAVY TRAINS NOW

WE ARE THE MEDIA NOW
WE ARE THE MEDIA NOW

INJURED WORKER RESOURCES …… ADD TO IT! WE ARE THE MEDIA NOW

IMG_0858-0

WE ARE THE MEDIA NOW. CARRY ON AND ON AND ON.

There are No Free Lunches and NO FREE GIFTS in WorkComp or Timeshare

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!

extrapolate

—–Original Message—–
From: lindaayres <lindaayres@aol.com>
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

tina.jordan@wyn.com,  michael.dougherty@wyn.com   wvoleavesupportcenter@wyn.com

Dear Tina and Michael:

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:

  1. Wyndham can provide a TRIAL Return to Work proposal 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.
    1. 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);
    2. 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?
  2. Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
    1. 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
    2. Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
  3. Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
  4. Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
  5. Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
  6. 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.
  7. 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.
  8. Update complaints to DOI and FBI
  9. 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”

Sincerely,

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

Note:  “SUPPLEMENTAL PEOPLE” (Stewart Reuben’s cute term) can find a copy of this communication on the internet at https://askaboutworkerscompgravytrains.com/)

 

Webinar Ninja  Draft one  SURVIVING WORK COMP
DEFENSE AGAINST THE PSYCHOPATH https://www.youtube.com/watch?v=Gd6P1Ue2aGg

From: “Jordan, Tina R” < Tina.Jordan@wyn.com>

Date: Thu, 9 Jul 2015 23:11:45 -0400

To: < wynlinda@gmail.com>

Subject: RE: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request

Hello Linda,

 

Though we were unable to meet today, we remain willing to meet with you at a mutually agreeable time and place.

We look forward to hearing from you with some proposed options.

 

Thank you,

 

Tina Jordan

Regional HR Director – Southern California

 

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Email: Tina.jordan@wyn.com

 

From: “Jordan, Tina R” <Tina.Jordan@wyn.com>

Date: Thu, 9 Jul 2015 14:59:32 -0400

To: Linda Ayres<wynlinda@gmail.com>; <lindaayres@gmail.com>

Subject: Return to work request

 

Dear Linda,

 

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.

 

Thank you.

 

Tina Jordan

Regional HR Director – Southern California

 

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Email: Tina.jordan@wyn.com

 

 

From: wynlinda@gmail.com [mailto:wynlinda@gmail.com]
Sent: Thursday, July 09, 2015 12:09 PM
To: Jordan, Tina R
Cc: Linda Ayres; Linda Ayres; Dougherty, Michael; Fred Sachs; Stewart Reubens; Falvey, Mary; patricia.lee@wyndhamworldwide.com; Paramo, Melisa; Michael Grabell; WorkCompLinda
Subject: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request
Tina,

Thnk you for confirming you are unwilling to meet with me to commence interactive process to facilitate return to work and or reassignments.

I will seek legal counsel with an employment law firm specializing in FEHA complaints.

I am not equippped to play your life threatening/destroying games of bad faith and ill will.

Sincerely,
Linda Ayres, In Pro Per

ask About Workers Comp Gravy Trains https://askaboutworkerscompgravytrains.com/

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: Tina R Jordan <Tina.Jordan@wyn.com>; MELISA PARAMO <melisa.paramo@wyn.com>
Cc: Stewart Reubens <SReubens@grancell-law.com>; Fred Sachs <Fred.sachs@cna.com>; Michael DOUGHERTY <michael.dougherty@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; WorkCompLinda <workcomplinda@gmail.com>; MBX – WVO Center <wvoleavesupportcenter@wyn.com>; Linda Ayres <lindaayres@aol.com>; Michael Grabell <michael.grabell@propublica.org>; Mary Falvey <mary.falvey@wyn.com>; scott.mixon <scott.mixon@wyn.com>
Sent: Thu, Jul 9, 2015 11:35 am
Subject: 1230 Meeting today? Return to work request and training session dates requested. Linda Ayres vs Wyndham Worldwide et al

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

 

—–Original Message—–
From: LINDA AYRES – We Are The Media Now <wynlinda@gmail.com> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<melisa.paramo@wyn.com>; Stewart Reubens<SReubens@grancell-law.com>; fred.sachs@cna.com<fred.sachs@cna.com>; Michael DOUGHERTY<michael.dougherty@wyn.com>; <patricia.lee@wyndhamworldwide.com>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<lindaayres@aol.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 ——–

From: “Jordan, Tina R” <Tina.Jordan@wyn.com>

Date: 07/08/2015 8:49 AM (GMT-08:00)
To: Linda Ayres <wynlinda@gmail.com>

Subject: Return to work request

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.   

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: Tina R Jordan <tina.jordan@wyn.com>
Cc: Fred Sachs <Fred.sachs@cna.com>; Stewart Reubens <SReubens@grancell-law.com>; scott.mixon <scott.mixon@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; MBX – WVO Center <wvoleavesupportcenter@wyn.com>; Michael DOUGHERTY <michael.dougherty@wyn.com>; Michael Grabell <michael.grabell@propublica.org>; Linda Ayres <lindaayres@aol.com>; WorkCompLinda <workcomplinda@gmail.com>
Sent: Thu, Jun 25, 2015 4:13 pm
Subject: Linda Ayres – Return to Work Planning July 2015

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.com Workcomplinda@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

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

How Does an Injured Wyndham Worker Return to Work?

WorkComp Epic Fail!  WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now  – How do other companies facilitate return to work for injured workers?  Let’s ask on Social Media, shall we?

OUR WYNDHAM WORLDWIDE BRANDS?

OPEN LETTER TO WYNDHAM LEAVE SUPPORT CENTER

….with copies to “Supplemental People”

OccupyVirtuall!  99%
OccupyVirtually! 99%

Dear Wyndham Leave Support Center Staff:

As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.  

Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed.  Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines.  Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me.  A leading industry experts discusses this very practice as common place in California.

This may further sound alarms in my particular case, to add to various agency investigations.  One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care.  Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center.  The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time.  EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist.  Goodness.  CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary.  In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT.  D’oh.

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

There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal.  The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.

In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.

My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44 now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.

My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated.  Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies.  I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor.  Return to work will clarify that, won’t it?  Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!

Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN.  There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.

I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?”   He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’  Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS.   I never aspired to be a WIDGET ASSEMBLER.

So, how do we move forward for return to work or about July 27, 2015?   By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program?    ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws.   Here is the link for a search of their database on brain injury accommodations.  Remember, CNA originally accepted the claim, as the records note,  as a CONTUSION.  JAN defines  Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).”   Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.  

Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html    Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.

I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals.   Tina Jordan is fully aware of our need to meet as soon as possible.  My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.   

Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program.   When are the next two Indio Sales Training classes?  What are the hours of work these days, and how are “breaks” handled when tour flow is heavy?  I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS  (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011.  I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.

LINKED IN RANKING   7 5 2015  942 AM PDT

For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class.  My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again.  After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu.   That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.

Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.

Quiet (low decibel) work area.

Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.

Lumbar Support Chair

Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.

Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues.  I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further.  I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS.   I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm.  For being a team player, and putting the needs of others first, my life should be destroyed?  I don’t think so.

Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately.   This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented.  In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.

Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines.  Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me.  Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work?  These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?

BRAIN INJURY HANDBOOK A Resource Guide for Employers  may help in the creation of a return to work program.   I have been diligent in collecting information that may help me successfully return to work.   I would like a contact upon return to work to help make such a transition transparent and successful.  Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.

THE BRAIN INJURY HANDBOOK

Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to.   An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week.  I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:

  1. The abuse I have experienced at their hands is criminal.
  2. The risk of further abuse and further attempts at financial harm is possible and probable.
  3. Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.

Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail.  With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.

At the top of the return to work at Wyndham list is not personal, it’s strictly business.  The employability of the brain injured community is low, and continued employment of the brain injured community is even lower.   One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?”  Makes sense?

Other Pro’s listed on my ‘project for the doctor’ include (unedited)

  • It’s a job I already have
  • Risk of (further)  job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
  • There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
  • Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
  • Palm Springs is approximately 35 miles away, straight down the hill.
  • My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
    • Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
    • If successful, great; if not, it must be considered in ultimate case settlement;
    • I can either relaunch my sales career from Palm Springs, or springboard to new realms
  • On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
  • “Screw me once, shame on them; screw me again, shame on me.”
  • HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
  • RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
  • A new position could be created to utilize my experiences for the benefit of many working people,  worldwide.  Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
  • Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
  • If necessary, I can rent a guest room to “reboot” at the resort in the events of  long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
  • It’s totally a financial strategy — it’s a job I ALREADY HAVE.
  • Hours can be light – 8:30 to 1-ish or 3-ish.
  • 45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
  • Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
  • Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
  • Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
  • Small shops – can close my own deals.
  • Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement.  If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
  • Wyndham is the largest hospitality company in the world.
  • Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
  • Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
  • Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
  • It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
  • Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
  • Quitters never win and WINNERS NEVER QUIT.

do it

If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures.   When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors?  Armed with two monitors, I could provide valuable input to assist Wyndham, imho.

A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio.   I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”

people nowadays  cameras

Despite the obstacles and hardships, I  have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work.  As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”

While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie,  in the initial and second impact traumas.  Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are.   Muddling was never before a ‘life strategy’.

50 first dates  (temporal lobe)

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

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

SENSORY OVERSTIMULATION

Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning.  Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.

The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently  by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain.  Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.

While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made).  CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014.  That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days.  Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations.  Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals.  The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.

Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012.   In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham.  Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse.  Nothing has changed, and now they include Judges in their chicanery.

After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel.  While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience.  The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service.  In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers.  It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.

While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)

Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas

I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.

Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.

Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.

January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide

As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed.  In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits.   In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process.  SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.

Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins.   I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that.   Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.

LINKED IN RANKING   7 5 2015  942 AM PDT

I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork.  Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY.  He will understand and explain it to Stewart, we’re sure.

I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues.  Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID.   One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”

OK, let’s get to it.

Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document.  This, with prior requests, seems to give you what you need to propose what can work for a return to work.  I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there.  The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.

Webinar Ninja  Draft one  SURVIVING WORK COMP

I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work.   So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.

Thank you.  I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere.   PS The Ramada people are tops!  They reallly exude COUNT ON ME behavior!

How Does an Injured Wyndham Worker Return to Work?  BY ANY MEANS NECESSARY!

Let’s get down to business.

Sincerely,

Linda Ayres, In Pro Per

ADJ 8181903

CNA E3269102WE

PO Box 835

Yucca Valley CA 92286

760 368 7236

cc:  “Supplemental People” and The Working World At Large via Social Media

PS  As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline.   I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment.  I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history.   Thanks a bunch.   Hope to see you all July 27, 2015.  Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!”   If Bobo is there, I want to sit by him, or by Rodney!

Where do we go from here WorkComp, Wyndham, CNA, Grancell, Corvel and My Fellow Americans

WE ARE THE MEDIA NOW: OPEN RESPONSE, TO WHOM IT MAY CONCERN:

  MIC CHECK RED PODIUM

[If YOU have ideas on how to resolve this, and matters like it, without a WorkComp death penalty for getting injured on the job, please advise!]

Dear Tina:

Thank you for your kind letter.

“I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.”

Please do also send the information on how to redeem the $54.73 “Three year Service Award”….  It will help with the costs of food and lodging while attending the Coastline Acquired Brain Injury Program.  I will ask my accountant to revise my 2014 return.

How nice.  That’s the first I am hearing of a monetary award for years of service!  Did I miss one for 2013? I got a card from Tommy with a Pin for the first year back.  I still have it.  Timeshare did change my life…for the best when I bought my first one, then for the better when I became a salesperson, then….. for my near total destruction upon being injured at work.

Please consider THIS  letter a further addendum to request for continued leave of absence, through December 1, 2015, such leave being part of the accommodation request.  If I can get back sooner, I will.  Dr. Hilda will reevaluate periodically, as will staff at Coastline.  

Please see the attached letter from Matrix Absence Management, a member of the Tokio Marine Group, as administrators for Reliance Standard Life Insurance Company, and the Long Term Disability Provider of the self-purchased Wyndham LTD policy.  I can tell you that Matrix/Reliance has been consistently kind, professional, and helpful, even through the financial chicanery of CNA that complicated payment of the LTD policy, more than once.  The experience between the two insurance companies is as different as night and day, good and evil, honorable and unlawful, kind and vicious…..

 

Attached is the IME, Independent Medical Exam by one of the Reliance ‘independent’ neurologists. Stewart Reubens, of Grancell, also requested a copy of this report and it is therefore being sent to all stakeholders. I am under no legal obligation to share this information; it is relevant to the possibly criminal matters at hand, that absolutely require Wyndham Intervention at the highest levels now. Let’s avoid a #FEHA lawsuit, although it seems Grancell has other aims. I have not been authorized to return to work because medically necessary treatments have not been authorized for over three years.

POLITICAL LANGUAGE

 

Ain’t that a crime?!!  If it wasn’t WorkComp, it would likely be attempted murder!   ” First- degree murder  is any intentional  murder  that is willful and premeditated with malice aforethought.”  Complicity in such acts likely has serious consequences as well.

Please note the Reliance letter clearly states:

“Based on the medical information contained in your file, you are considered totally disabled from performing any occupation for which you are qualified, by reason of training, education, or experience.  As a result, benefits will continue to April 8, 2017, or until you no longer meet the provision of your policy, whichever occurs first.”

How is it, do you think, that both of Wyndham’s insurance companies can have such diverse opinions on my ability to return to work?  Grancell has done everything possible to ensure I am not able to return to work, while they churn the files.  Yesterday, I received another big set of papers from CorVel corporation, pure chicanery and deceptions, but it is their standard of practice.  I have about 3 reams of their bogus expensive reports.

Please see the attached links on how one Mayor has requested a complete audit of CorVel.

http://www.star-telegram.com/news/local/community/fort-worth/article9336116.html

See more comments at Bob’s Cluttered Desk

Confusion Reigns Supreme – CorVel Hospital Experience is a Lesson for All of Workers’ Comp

http://tinyurl.com/l7fxpzw

Forth Worth Mayor and CorVel

If the Mayor can call for an Audit of CorVel’s WorkComp practices, Wyndham Worldwide can certainly call for an audit of at least my case, and ideally, an audit of all claims over the past 5 years that resulted in absences of longer than 90 days, or forced resignations as a requirement to facilitate medically necessary care. Certainly such an audit will identify a pattern of practice clearly showing the Wyndham is paying premium for insurance coverage that does not provide medical care to injured workers, and in fact, failures to provide medical care by said provider, cause egregious harm to both injured worker and employing corporation, with callous disregard for life and corporate profits and shareholder interests.  (Good for defense law firm shareholders apparently, good for nobody else.)

 

I know how that cop’s family must feel. My dad was a firefighter. I know how that ‘Brotherhood’ can mobilize and organize to help it’s own when under attack by the likes of CorVel, and what is to come for the family, also, during recovery.  I have seen the industry attacks on Cops in LA, alleging they are off work for long periods of time, blaming the cops, not the deniers of medically necessary treatments.   Yeah, industry propaganda.   Anybody with a job anywhere in the USA could be next.

http://www.drjaudy.com/patient-testimonials/linda-a-testimonial/

LI  Self Procured Medical Care

I have stories about those first weeks when a “Case Manager, Nurse Lorraine” terrorized me, and   my doctor’s!!!    Did she work for Corvel?  I don’t know.  I think she worked for CNA.  I do know that for more than 2 years, since 2/21013,  CorVel has been complicit in denials of medical care based on some pretty fictitious and outrageous misrepresentations of medical records, and omitted/ignored medical records, in full disregard of ACOEM, MTUS and NIH guidelines for treatment of closed head injury/concussion, tbi, traumatic brain injury and related consequences. CorVel staff make it very clear that they work for the insurance company, and that would seem to be a severe conflict of interest.

See YOUR letter below for more insights to what I have experienced at the hands of these premium sucking/injured worker harming vendors!

The consequences and validity of the course of treatment that have contributed to my leave of absence being more than 3 years, and great bodily to me because of the breach of fiduciary responsiblity by CNA and it’s defense counsel, Grancell-Corona and Grancell-Novato,  is simply stated as follows:

CNA INSURANCE has authorized this medical care since date of injury:

2012 – Chiropractic, Clinical Psychologist (less than 20 sessions each)

2013- Physical Therapy-6 sessions

2014 – Chiropractic, Acupuncture, 24 sessions of Speech Therapy, Occupational Therapy, and

Physical Therapy  (Obtaining a Court order was required for Grancell to authorize scheduling of authorized chiro and acupuncture)…..

2015 – NO MEDICAL CARE, NO RETURN TO WORK, NO DISABILITY BENEFITS paid by CNA SINCE MAY 2014, after refusing to pay, despite Court agreement, in 2012/2013.  Funky accounting let them off the hook with a $16K profit for ‘negotiated’ reimbursement to the State of California for monies the State paid out of my account in 2012/2013.  (Small Permanent Disability advance received yesterday, that will serve to facilitate Coastline ABI program attendance. According to the law, PD estimated payments were due 14 days after last TTD payment… which was May 8, 2014.  See another problem here? Let’s work together for a solution; CNA has a fiduciary responsiblity to Wyndham, and TO ME, as an insured injured worker; that has been breached repeatedly; let’s change that for me, and for all injured workers who follow this path.)

Clearly, the above meets no thinking person’s idea of legitimate, reasonable nor appropriate medical care for a well documented traumatic brain injury.  It does not comply with WorkComp guidelines, ACOEM, MTUS, NIH or any thinking person’s notion of how to deal with brain injury. 

brain concussions football

Self procured (I PAID FOR IT MYSELF VS. QUIETLY LOSING MY LIFE) medical care has included physician requested but adjuster/attorney denied treatment:

2012- Functional Neurology with TBI Expertise, MRI Brain, chiropractic

2013 – Vision Therapy & Prism Lenses, Chiropractic, Acupuncture, Speech therapy

2014 – Vision Therapy & Prism Lenses, Chiropractic, MRI – TBI Protocol, Acupuncture, Neuro-Psychology sessions

How many thousands and thousands and thousands of dollars have been spent on reports that requested medical care since 2012, that were simply ignored until February 2013, then they were denied in UR evaluations that would not pass a legitimacy test? More than $50,000 was spent at SCRIPPS in 2014, for merely 24 days out of the recommended 3-6 months.   What a waste of money was that!  Whose money was it? Furthermore, such a program is more beneficial for NEW Injuries, not 2.5 year old untreated head injuries.  Helpful, yes, but if CNA had only agreed to Coastline ABI program when it was first presented in May 2014, I could be almost back to work now for a fraction of the cost, and more compensatory skills.

19006204-occipital-lobe--female-brain-anatomy-lateral-view

CNA was required by law to be proactive in finding and securing help for me.  The only brain injury treatments received were all based on my own diligence and research, at the guidance of various reporting doctors, who’s recommendations were consistently ignored.  Romano Trust vs. Sedgwick rulings apparently gives companies like CNA the right to kill injured workers.  Is that the type of company that represents Wyndham Corporate Culture and Values?  WILL WYNDHAM STEP UP NOW?

Out of all the evaluating doctors seen, only 3 supported denial of medical care….. known industry leased/owned doctors….Zardouz, Kent and O’Brien.    Any district attorney investigation should likely start there, then move through the list of complicit CorVel doctors, and, of course, to the handling of the mis-information by Ms. Mall of Grancell, and supported by Mr. Reubens of Grancell, while the CNA adjusters seemed to be ‘just following orders’.   Most likely, WE, THE PEOPLE, NEED THE DEPARTMENT OF JUSTICE TO INTERVENE IN WORK COMP CRIMES, NATIONALLY, WITH A SPECIAL COMMISSION.  In seeking Class Action potential, it seems too many attorneys are too afraid of the big corporations, or have no working knowledge of fighting for civil rights.  Others simply seem to be in cahoots with the dubious doctors, law firms, scams and other providers.

Brain  viral mashable more

As an injured Wyndham Worker, and as a Wyndham shareholder, I am hereby formally requesting that an immediate claim audit of my case be conducted…. top include th CNA handling, the Grancell obfuscation of all facts and file churning, and the CorVel deceptions.  As I see from the article, an Employer does indeed have the authority to question the handling of claims, and a responsiblity to do so when the harm caused by the employer’s vendors has been so egregious.   PLEASE WORK WITH MIKE DOUGHERTY TO GET THIS CLAIM INVESTIGATED, WHILE I GET AS MUCH COMPENSATORY STRATEGIES AS POSSIBLE WHILE AT COASTLINE ABI PROGRAM.   Here is that link as well. http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/    

I will never be whole, but without treatment, I will forever be 100% disabled.   That’s not ok.

Thank you also for the vouchers for discounts at the Wyndham property in Newport Beach, near Coastline Community College Acquired Brain Injury Program. The staff at Ramada Inn – Newport Beach is always so kind, patient and gracious. When I first arrived there, in October 2014, I didn’t know it was a Wyndham property (I forgot how big Wyndham is!)  I told my “WorkComp Story” at check in, as I tell anybody who will listen, and the Front Desk Manager listened patiently and said, ‘Well, let’s get your experience with Wyndham back on a positive track.  Allow me to upgrade your visit.”   Kindness goes a long way.

With the tiny advance on Permanent Disability funds just received (thanks, Fred!), I hope to be able to complete the one year ABI program, which is officially concluded December 10, 2015, and I will jump through all the hoops to get there, stay there,and excel there, getting the compensatory strategies that are offered when people with brain injuries have exhausted all restorative treatments, or didn’t get any, like I didn’t.   Maybe I can organize a Student Union activity on behalf of InjuredWorkers in California, or an educational launch to reach ignorant doctors, lawyers and adjusters, and work with DA’s to deal with the rest of them.  That would be a big goal, but as a Salesperson, I know the value of goals, written goals, and Vision Boards.  More than one of my doctor’s has indicated that I’m so smart, that’s the only reason I have survived this atrocity to the degree that I have.  I want to help Wyndham get a better insurance company and a better, more-pro-active work comp program to avoid fiascos like this in the future.

NOBODY SHOULD HAVE TO EXPERIENCE THESE HORRORS.   Plus side, I’ve learned to blog, and from the comfort of my War Room, I can type like there’s no tomorrow.  That part of my brain stayed in tact…… I wrote you, Tina, a letter, that morning of the 2nd impact on 2/4/12, when I told you if I die because of failures to provide medical care, that I hoped my family would sue Wyndham to kingdom come.  Well, I didn’t die yet, no thanks to Wyndham or it’s vendor.  My quality of life has severely diminished, and my life span has been dramatically shortened, and future health risks from untreated TBI are numerous.

Let’s make a positive impact now, while I can still fight the good fight!

cognitive dissonance turbulence

The first year was the most important for care. CNA knew that. So did Grancell.  It’s in the reports they chose to ignore. Remember, they attempted to coerce me to accept $100,000 in November 2012 in lieu of a deposition, treatment, and it required that I forfeit all civil rights, including my right to return to work.  I’m stuck with permanent brain damage because of all of this, and of course, I am not happy about it all.   Remember also, that the first neuro-pscyhologist, Dr. Eileen Kang, recommended “speech therapy with cognitive remediation” and indicated after that I would return to work.  Speech therapy was never authorized till I got to Scripps – Encinitas, in the Summer of 2014.  The damage was already done.

I will plan to return to work on or before December 1, 2015, hopefully, with few other accommodations to be requested/required.   Dr. Hilda Chalgujian is following my case, and Dr James Pasino at Coastline Acquired Brain Injury program is the neuro-psychologist in charge of the program, which is nationally renknowned and a model for other State program, and is supported by the Department of Rehabilitation.  I have requested and been authorized to participate early in the ‘career planning strategies’ for ABI survivors, which starts next week, in addition to the regular curriculum.  It is normally recommended that the program be 50% completed, but since I don’t know if I will be able to afford to stay through June 2015, I want to get as much good from the program as possible, and perhaps I can be one of the first virtual participants in the suMmer/fall program.  That’s just a hope of mine.  The drive is very hard on me, but I have to do it if I ever expect to have a life again.  LINK FOR MORE INFO:  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

So, I await confirmation of the continued leave of absence, the Award redemption information, and confirmation that a full audit will be conducted, with perhaps a call to the Attorney General’s office in California to expedite further investigations of these horrific crimes.   While Grancell attempts to fraudulently state that I was this way before…. I have to laugh at their arrogance.   There is no such evidence, nor is there any way that Wyndham would have repeatedly hired  me in different locations, and even send me to Big Bear in January 2011 to help out during a time of severe management upheaval.  As you may recall, I was #1 Sales Rep of the Month more than once.

Perhaps CNA and Grancell current players are unaware of the timeshare world, and how it just doesn’t “MAKE SENSE” to attempt to kill an injured Timeshare Sales Person…. without expecting consequences.  More details are available at the blog site,  https://askaboutworkerscompgravytrains.com/list-of-posts.  God bless America, and the First Amendment., the 14th Amendments,  the Civil Rights Act and the US Constitution.

constitution  too long didnt read

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal   protection of the laws.”  

14th amendment violated by Workers Compensation Corporations?

It is my hope and prayer that Wyndham will make a difference, starting with it’s injured workers, and taking it global.  There are good people at Wyndham, and I have been blessed to know many of them.   I recoil, as if from a hot flame, at the very thought of the people at Grancel and CNA, but I’m just sensitive to evil that way.

end evil  step out of line

So, as I told Stewart Reubens and Fred Sachs, I don’t want to fuss about things while I am at Coastline.  I have also learned that 3 years in complete Survival Mode (or 2 years, since the first year I was hardly present cognitively)…. such stress is similar to what prisoners of war experience, and it is very dangerous for a brain injured person. Obviously, treatment will never happen via CNA, as many doctors have told me, in their own sheer utter discouragement and despair.  Nor is there any interest in good faith mediation.  So I hope they will just stay out of my way and let me recover and get back to work.

Defense Against the Psychopath (Full length) – YouTube

Jan 10, 2013 – Uploaded by Soull Purple

Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary ..

My plan is to continue at Coastline uninterrupted through December, then return to work at Palm Springs, in time to get trained and ready for high season.

Brain Injury Advocates

Thank you, Tina, also for the kinder tone of your letter.  Another peer at Coastline indicated her horror that nobody from her job of over 20 years so much as called to see if she was ok.  Another teacher, in Boston an a Nurse in North CA  is having the same sort of “work comp” troubles as I am, and it’s a self-insured school district, but with the same unclean hands and legal chicanery.. It’s epidemic.  Across the Nation.  #InjuredWorkersUniting  #SilentNoMore

Sincerely,

Linda Ayres, In Pro Per

760 368 7236

wynLINDA@gmail.com

WorkCompLinda@gmail.com

https://www.linkedin.com/in/lindaayres311

LinkedIn Posts  https://www.linkedin.com/today/author/52490934

ADJ8181903  / CNA e3269102WE

LI Profile Ranking  2 7 2015  826 am pst

Attachments:

[Sent to distribution list of all stakeholders; available to any interested parties via email request @WynLinda@gmail.com; could not figure out how to attach PDFs to blog.]

Wyndham Letter Re LOA  dated 2/6/15

Matrix/Reliance LTD letter dated 2/5/15 confirming continuation of benefits thru 4/8/17…

IME – Neurology Report of Dr. Jay Jurkowitz  November 2014, with supplement Jan 2015 report

Dr. Hilda Chalgujian, Neuropsychologist and now PTP, progress report of 1/19/12

With Helpful Links

—–Original Message—–

To: Linda Ayres <  reolinda@aol.com>; Linda Ayres <  wynlinda@gmail.com>
Sent: Fri, Feb 6, 2015 3:17 pm
Subject: Interactive process

Dear Linda,

 

On January 16, 2015, you indicated you had reactivated your Real Estate License and wanted to commence the interactive process regarding your return to work.  Please note that we have been engaged (and will continue to engage) in the interactive process, and we have attempted to work with you regarding your desire to return to work.  Our communications to you regarding your medical status and your desire to return to work constitute engagement in the interactive process.  Despite your desire to return, you still are unable to return to work€“ by your own admission.

  • January 23, 2015 – I am still TTD, temporarily totally disabled. Also, No brain experts have indicated that I am recovered sufficiently to return to work
  • January 13, 2015 I seem to pretty much permanently 100 disabled.
  • December 4, 2014 €œI am still temporarily totally disabled and now my conditions are exacerbated. I am unable to participate in the December 8 training class, much to my great disappointment and anguish.
  • November 26, 2014 €œI ’m tired and have brain fatigue and a little preservation . . . other cognitive deficits exist . . .
  • November 26, 2014  My California Real Estate Broker license expired because I was unable to cognitively perform the continuing education courses in time.
  • November 4, 2014 Because of my cognitive impairments, I am much slower to figure things out .

 

When you expressed your desire to return to work, we requested a medical release, but you have not provided one.  We need that release and its accompanying description of your limitations so that we can work with you to see if there is a position for which you are qualified, the essential functions of which you could perform with or without accommodation.  We cannot place you back in the workplace without that information and subsequent discussions with you.

 

In an email you sent on February 1, 2015, you stated €œI . . . .am hereby requesting extension of leave of absence to complete one year at Coastline Community College – Acquired Brain Injury Program in Newport Beach, which, ideally, will be completed on or before December 1, 2015, at which time I hope to be able to return to work.”

 

Regarding your request of an extended leave of absence until December 1, 2015, from your email on February 1st, I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.   Additionally, per your request, I signed discount vouchers for Wyndham hotels and provided them to you so you could secure accommodations at your expense.  Let me know if you need more in the future and I would be happy to assist.

 

Finally, you inquired about reported compensation in the amount of $54.73 for 2014.  We researched and found that the amount is associated with your three year service award with WVO.  To address this outstanding issue, you may either redeem the award (we will provide you the information to redeem online) or you may elect to forgo the award and we can reissue a W-2 to you for 2014.  Please note that reissuing the W-2 may take approximately 45 days to complete.

 

Please let me know if you have any questions and advise how you would like to proceed on the service award issue.

 

Thanks so much,

 —-Wyndham Human Resources


 work comp guidelines
Cheers!
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
mobile: 760 368 7236
email: wynLINDA@gmail.com <2014
#InjuredWorkersUniting #SilentNoMore
WorkCompLinda  Twitter
http://www.gofundme.com/wynlindaworkcomp  MED/LEGAL/ACTIVISM/SURVIVAL
 ele cognitive dissonance