Why are there so few Wrongful Termination and FEHA Complaints in CALIFORNIA?

Why don’t so many injured workers ever return to work?

What is #WorkComp, really?!?

work comp guidelines

In the USA, it is not uncommon for rest and wait and wait “programs” to last for years and years, while attorneys churn files and industry leased/owned doctors do numerous expensive evaluations  (15-45 minute average, most performed by non medical staff) to guarantee denials of medical care, often causing permanent and total disabilities due to failure to provide care.

doctor strike

To add to the horrors,  they will often terminate disability benefits that can cause homelessness and burdens to taxpayers and further the profits to the insurance industries.

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Employers wrongfully allege they can do nothing about the callous and illegal conduct of their agents and vendors.

It’s quite a human shame…..similar to an open air Auschwitz extermination program while others look the other way.  How many injured workers have had to listen to ‘bleeding heart liberals’ or paid provocateurs condescendingly say, “Oh, those doctors and lawyers and judges are just doing their jobs.  It’s awful and everybody knows.  What can be done?  Be grateful you are still alive.”  Is that the 21st Spin on “Just Following Orders”?

Just following orders?

Doctors Trial

Master Sgt. Woods
Master Sgt. Woods

Can and will the Office of the Attorney General investigate? Or are Citizens Tribunals required?   Friends and neighbors in Canada, Australia, UK and beyond have similar issues with these organized crimes against Injured and Disabled Workers…..destroying lives everywhere. #InjuredWorkersUniting #SilentNoMore

wc CLAIM DENIEDwc doc can you see the problemdoctors just say noy u no see lies so obvious lies

#WorkComp is indeed a #WarOnWorkers #WOW

Think locally
Act globally
Occupy Virtually

occupy virtually 99 percent

#StayOuttaTheStreets

Form #CommitteesOfBloggers and Blog On!

post

After all…..

WE ARE THE MEDIA NOW (2)

WE ARE THE MEDIA NOW

WORKCOMP DEMOLITION VS CONDO CONSTRUCTION; Ayres vs. Wyndham, CNA, Grancell, WCAB et al

While CNA, the work comp carrier for Wyndham Worldwide, continues to harm, harass, fail to provide reasonable and appropriate medical care for a traumatic brain injury January 9, 2012, it

image

…..appears to be a complete breach of fiduciary responsibilities and in what appears to be clear violations of California Labor Code exclusive remedy of workers compensation, a claim fraught with what appears to be egregious attorney and doctor and adjuster incompetence, malpractice ….and fraud, as defined by the Department of Industrial Relations…and California Civil and Labor Codes.

TREATMENTS PROVIDED BY CNA:

2012:  a few chiropractic sessions in the first year with clinical psychology sessions in Feb, Mar, Apr with 4 more in Jul-Aug

2013: a few physical therapy sessions in the second year,

2014: a few chiropractic and acupuncture sessions in the third year with finally a few speech therapy, occupational therapy and more physical therapy, and neuro-psychology support in April,

(after injured worker found a neuro-psych willing to treat an injured worker; none available on alleged ‘mpn list’ since date of injury after treating Orthopedic Surgeon’s office staff shrugged at one of the last bizarre UR denials and suggested, ‘you’ll have to find your own brain doctor, obviously they are not going to get you any medical care…ever.’)

2015: more denials and more evaluations to prevent anticipated return to work.

Tens of thousands of dollars have been spent by carrier on evaluations upon evaluations, with supplemental reports due to objections of omissions of more than 300 pages of medical evidence, with suspected intent to deny medical care, with failures to provide even the simplest requests since date of injury.

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CNA has submitted every request since February 2013 to UR, and Court intervention was required in 2013 to schedule authorized chiropractic and acupuncture sessions, which took many months.  CNA has currently asserted that replacement of Orthopedic Surgeon PTP, who has reported MMI for Orthopedic Injuries as of December 2014, requires Utilization Review for a neurologist to become the primary treating physician.

CNA seems to only have a small collection of evaluating neurologists, not treating doctors, and none current with brain injury practices of the 21st century; neither do they have physiatrists, neuro-psychologists, or anybody on their ‘lists’ that actually treat brain injuries, but they pay the evaluating doctors who provide reports prepared by non-medical personnel handsomely for their signatures on such reports, regardless of how flawed they are.  In fact, the greater the flaws, the greater the obfuscation, the longer the denials, the greater the billable hours.

LinkedIn rankings  4 9 2015  741 pm  pdt

SELF-PROCURED TREATMENTS OBTAINED BY INJURED WORKER, BASED ON MEDICAL EVIDENCE OF THE NUMEROUS MEDICAL EVALUATIONS

Most expert treatments have been  abruptly and prematurely terminated due to threats to ‘cease and desist’ treatment by defense to providers and unlawful termination of disability benefits in what appears to be a pattern of continuous harm and financial terrorism by defense, as a pattern of practice, apparently approved of by WCAB and DIR and offices of the District Attorney. DOJ and EEOC investigations pending on multiple matters.

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2012:  Chiropractic, Acupuncture, Functional Neurology

2013:  Chiropractic, Vision Therapy, Therapeutic Prism Vision Lenses

2014:  Acupuncture, Chiropractic, Vision Therapy, Therapeutic Prism vision Lenses, Coastline Acquired Brain Injury Program for Compensatory Strategies

2015:   Acupuncture, Chiropractic, Coastline Acquired Brain Injury Program for Compensatory Strategies (updated therapeutic vision lenses pending funds)

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Evaluations obtained by injured worker, recommended by multiple doctors but carrier failed to provide, while subsequent evaluating doctors have deemed all evaluations appropriate, albeit very late in happening

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2012:   Brain MRI, EEG, Functional Neurology, Clinical psychology, Urgent Care,  Xrays

2013:   Neuro-Optometry, Speech Therapy

2014:   Neuro-Optometry, Acupuncture, Chiropractic,  Neuro-psychology strengths assessments, MRI with TBI Protocol

2015:   Neuro-Optometry

NAIDW TBI AWARENESS

The BRAIN INJURED worker, seeking compensatory strategies for the brain injury… because restorative medical treatment was denied for more than three years… is now witness to legitimate business building condos week after week after week, while obtaining self-procured compensatory strategies in a one-to-year program at Coastline Acquired Brain Injury Program, the #1 program in the USA, and a part of the California Community College system, with experts in brain injury with more than 25 years experience each, helping people doctor’s did not reach, or that doctor’s gave up on for a variety of reasons.

The program is targeted to restore injured individuals to the communities in some capacity, either as volunteers or return to work, depending on nature and extent of injuries.  See the link, and put it in your contact list:  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

  • “Compensatory vs. Restorative” (Northeastern University)“Compensatory strategies focus on adaptive behaviors. A person with a TBI may no longer be able to perform a task the way (s)he used to because of the injury. A compensatory strategy is coming up with a new way to perform a task. For example, a college student who suffered from a TBI may no longer be able to write down notes for his lecture as fast as he used to. A compensatory strategy could be for him to now record the lectures and transcribe them into note form after class.”
  • “Restorative Strategies are designed to repair processes and restructure or rebuild damaged neural networks. Examples are tasks and drills to help a person with a TBI restore his/her memory.”  

SEE MORE; LEARN MORE:  http://www.northeastern.edu/nutraumaticbraininjury/rehabilitation/professionals-help/

The Team Approach

The following are examples of interprofessionals who work together with TBI survivors and their families:

  • Advocacy Groups
  • Athletic Trainers
  • Audiologists
  • Coaches
  • Dietitians
  • Ear, Nose and Throat Doctors (ENT)
  • Educators
  • Employers
  • Insurance Adjusters
  • Internal Medicines
  • Lawyers
  • Neurologists
  • Neuropsychologists
  • Neurosurgeons
  • Nurses
  • Occupational Therapists
  • Ophthalmologists
  • Physical Therapists
  • Plastic Surgeons
  • Primary Care Physicians
  • Psychiatrists
  • Psychologists
  • Radiologists
  • Religious communities
  • Recreation Therapists
  • School Personnel
  • Speech-Language Pathologists
  • Social Workers
  • Vocational Rehabilitation Counselors
  • IMG_0177

Best outcomes of interdisciplinary treatment systems are when utilized immediately  and NOT the ‘3+ years or never’ post-injury as practiced by CNA and other major carriers; CNA provides and encourages only an Orthopedic Surgeon to allegedly manage an interdisciplinary team, then disrespects and disregards all recommendations and requests for specialty treatment and further evaluations because, as defense indicated repeatedly, ‘an orthopedic surgeon has no knowledge of brain injury’.  

At a  court hearing in December 2012 a physiastrist or a neuro-psychologist or a neurologist was requested for treating doctor; denied and more recently, since previous PTP, Ortho Surgeon has determined MMI Orthopedically in December 2014, and has deferred to secondary doctor, a neuro-psychologist, a primary doctor has been requested in the field of neurology.

Adjuster and defense advise that change of PTP requires UR.  Designation of neuro-psychologist as secondary treating doctor required Court hearing as well.  Churn churn churn.  (In 2013, an industry leased neurologist was designated as ‘secondary treating doctor’ but alas, his office mis-read the authorization and deemed it to be a one time consult, determined nothing more than over the counter analgesics was required to treat the brain injury and related complaints and reports of vision and other issues; dates of injury were mis-stated by the doctor, along with other gross inacuracies.

Then-counsel suggested injured worker take the concerns directly back to the doctor for corrections, and said doctor refused omitted records properly served, refused to answer questions his office required be put in writing, and actually threatened injured worker with a lawsuit for harassment for attempts to see this appointed ‘secondary treating physician’ and to correct gross misstatements in his reports and his supplemental reports, for which he billed handsomely.

Similar story with the appointed AME Forensic psychiatrist, although he assertions in his supplemental report were more outrageous than what might have been called simple mistakes in his initial report.  That scenario was repeated again by yet another evaluating/non-treating neurologists, complete with fabricated dates and deceptions.  Goodness, what a trio lead by then-defense counsel misleading correspondence with apparent intent to deny medical care, quite successfully for years.

Defense feels no obligation to pay estimated Permanent Disability, even on the orthopedic portions of the claim, nor do they anticipate the increased risk exposure due to their negligence and callous refusals to provide medically necessary treatments, as even recommended by their own leased doctors and evaluating firms.

ACOEM, MTUS, NIH and generally cognizant neurologists keeping pace with the neurosciences generally recommend such treatments as speech therapy with cognitive rehabilitation, occupational therapy, physical therapies as required, vision therapies, acupuncture, chiropractic and specialty examinations by brain injury experts.

Only a charlatan or worse would likely dare to recommend simply ‘over the counter analgesics’ for a well diagnosed closed head injury, called by more than 30 doctors by a variety of ICD-9 codes.   While the Orthopedic Surgeon crowds are often designated as the Primary Treating Doctor for a head injury, their ilk are sadly ill-informed about diagnosing head injuries, and the urgency of getting patients to experts.  

Until the Orthopedic crowd rises to their responsibilities in the life-threatening lapse in education of their peers, head injuries will continue to bring them small revenues as WorkComp ‘Primary Doctors’ and will ultimately bring them medical malpractices and charges for collusion to perpetrate fraud upon the disabled communities, for profit.  Ask a Football Player.  Ask a Retired Football Player.  Ask a Veteran. Ask your kids.

Only a complete fraud would review medical evidence of more than 30 doctors, disputing all and further concluding that ‘if there was any evidence of a concussion, of course treatment would be necessary, but there is no such evidence by the finder of facts and the patient probably just has epilepsy, with a severe pre-existing personality disorder evidenced by records and learned helplessness….’

[Physician was referring to medical records from early evaluators, and substantiated the false allegations by simply moving the date of injury forward one year in reports, then back, without adjusting the false conclusions.  Multiple industry leased/owned doctors seem to follow this pattern of practices in creating false AME/QME/Consult reports, upon which egregious harm continues, and renders UR and IMR practices complicit in the fraudulent mis-use of law.]

TO ENHANCE YOUR LEARNING ABOUT BRAINS?

https://dvbic.dcoe.mil/material/mtbi-pocket-guide-and-mobile-application

Semper fidelis is a Latin phrase that means “always faithful” or “always loyal”

tbi and ice

The GrandWorkCompFraud inhibits and prevents return to work for years by failures to provide medically necessary treatments.  In this case, in April of 2012, upon confirmation of brain injury of unknown severity, the adjuster, not a medical person, terminated disability benefits and any hope of medical care in that month.  A Court hearing in June of 2012 authorized a neuropsychologist to be the new designated primary doctor, although said doctor’s office was more than 3 hours from the injured worker’s home.

The Court required the insurance carrier to resume payments of temporary total disability payments, which CNA defied and WCAB supported, in order to cost shift to EDD.  The information and assistance officer, when help was sought from that office, asked the injured worker if she was stupid for not wanting  larger amount, and when the hearing minutes were shown, she explained that the minutes indicated they were to resume “…if necessary…” and since they did not resume, her medical/legal opinion was that “Dr. Ponton clearly must not have felt it was necessary.”

[Ultimately, in 2014 CNA had to reimburse the State of California for the EDD monies advanced in the first 104 weeks for TTD, and CNA received a discount on the monies of approximately $16,000 from the State of California, which, as admitted by the adjuster, had the negotiation with the State not gone so well, that money would have indeed been paid/owed to the injured worker.

A Judge in the Appeals process determined the money did not belong to the injured, so apparently, the State of California is in the business of providing hefty profits to out of State Insurance companies who break the law, fail to pay TTD, maim and torture injured workers, all outside of the eyes of corporate media, and with apparently approval of the office of the attorney general et al.  WCAB seems to operate like a secret police or military police action, reporting to no one but themselves and their benefactors. The injured worker has been without work comp disability benefits since approximately May 2014; aint’ that nuthin.]

The “TTD” [Temporarily Totally Disabled] condition was reiterated in every subsequent 45 day report in 2012 until the doctor (also with a QME designation) was also threatened by the defense, at which time, based on no medical evidence, nor treatment other than 4-delegated chat sessions with a psychologist of unknown credentials, at which time (October 2012) it was stated that return to work could be considered, with caveats, warnings, and accommodations, with allegations of continued authorized treatments, of which all his requested had been denied except the chat-sessions, discussed in more depth in earlier blogs.

Wyndham refused repeatedly to engage in interactive process and simply extended leave and continued to refuse to investigate why injured worker was continuously denied medically necessary treatments, thereby complicit in the compounding harm to the injured worker.  Wyndham continues to refuse to engage in interactive process, and refuses to intervene in more than 3 years of failures to provide medical care and disability benefits by that work comp carrier.

ARE THESE ACTIONS OF BUILDERS OR DESTROYERS?  Friends or Enemies of Humanity?

image

  • This photo shows the progress of a condo development being observed and enjoyed by the injured worker, a real broker who lost all professional credentials, including CA real estate broker license, CA Notary license, Hawaii real estate sales license, and was threatened with loss of CA Driver’s license.
  • During her weekly pursuits at regaining her life while attending the Coastline acquired brain injury program, since October 2014, with no thanks to CNA, and with thanks to Wyndham for an employee discount at a local hotel, watching the construction of this and other signs of economic good stuff has been smile evoking.  Down the hill and to the north, Huntington Beach also has multi-unit ocean view properties under construction.
  • What an ‘Exclusive Remedy’…Employee insurance with CIGNA, without interference by CNA and Grancell, could have had the injured back at work, possibly, within months of the injury, similar to building a condo from a hole in the ground.
  • SEARCH RESULTS FOR: DIAGNOSIS

    https://askaboutworkerscompgravytrains.com/?s=diagnosis

MEDICAL CARE PROVIDED TO DATE BY CNA FOR HEAD INJURIES OF 1/9/12…..A WITNESSED SLIP AND FALL BACKWARDS ON ICE?

Through mid-2013 https://askaboutworkerscompgravytrains.com/2015/02/13/workcomp-evaluations-are-not-treatments/

  • WorkComp is certainly the #GrandWorkCompFraud perpetuated on the Unsuspecting Public!  What a shame!  Contractors can build multi-unit residential buildings faster than a WorkComp carrier like CNA can authorize medically necessary treatment for a witnessed slip and fall backwards on ice.
  • How can that be?

  • Why would a corporation like Wyndham Worldwide pay a corporation like CNA to maim and injure it’s labor force, without batting an eye, or lifting a finger to ask more questions.  Are Board Members really involved with conflicts of interest in the insurance industry? Does the Wyndham Risk Management division have unclean hands?
  • In any event, Wyndham Workers are violated obscenely by the fictitious promise of a Workers Compensation ‘Exclusive Remedy’….  It sure seems to be simply terrorism and death threats…. inexcusable in America….or anywhere else in a civilized world.  Perhaps Kim Motley, Esq. can come to the aid of the USA?  www.motleylegal.com/about.html
  • True defenders of Justness and Justice seem real hard to find in America….
  • imageIsn’t it amazing to be able to witness not only the good in America… But having the courage to expose the evil, the corrupt and the dangerous… Workers compensation is not an employee benefit.Sadly, the silence of the employer appears to be criminal complicity in the egregious wrongs done to this and other Wyndham employees. What say you America?Isn’t it time to hold the criminals accountable for the continuous patterns and practice of harm to injured workers across the nation?
Lucy Occupy and Friends Paper Li April 9 2015
http://paper.li/LucyOccupy/1375548394#!science
  • Ask more questions! If not you then who? If not now then when?

Lucy Occupy and Friends Paper Li April 2 2015

Interrupt the war on injured workers. Do it now. You could be next!

Follow one of more of these links, thanks, and tell your friends and neighbors about the GrandWorkCompFraud; your governments already know…

BRING THE CORRUPTION OF THE EXISTING EXCLUSIVE REMEDY/GRAND WORK COMP FRAUD TO LIGHT;

LET IT IMPLODE; BUILD SOMETHING ELSE.  THE INSIDIOUS SYSTEMIC FRAUD OF THE CURRENT SYSTEM IS NOT SALVAGEABLE.

BRING IN THE WRECKING BALLS!

TIDY UP SOME  DEATH ROW JAIL CELLS IN SOME OF THOSE PRIVATIZED PRISONS FOR THOSE FOUND GUILTY OF CRIMES AGAINST HUMANITY.

Why America is NOT the greatest country in the … – YouTube

May 14, 2013 – Uploaded by EducateInspireChangeTV

Why America is NOT the greatest country in the world

IF AMERICA CLEANS UP IT’S CORRUPT WORK COMP SYSTEM, PERHAPS WE CAN THEN BE OF ASSISTANCE TO CANADA, THE UK, JAPAN AND ELSEWHERE.

Remember remember, Thomas Motamed, CEO of CNA ‘made’ $10.7 million in ‘earnings’ in 2014…. and they can’t even pay simple TTD to an injured California worker in compliance with the law, and they terminate benefits on diagnosis of a brain injury, and even call to ask injured worker, “……so tell me, Linda, when ARE you going to die?….”  Defense counsel suggests a court appointed conservator as he trolls for someone/something to blame from medical records of more than a quarter century ago looking for pre-existing conditions, apparently to support grossly inaccurate reports of three of their industry leased own reporters.  Isn’t it funny how few QME/AME actual doctors write those reports?  One such doctor openly admitted that his non-medical staff was ‘well trained’ to write such reports that he freely signs, and is paid handsomely for initial reports and supplemental reports, regardless of acurracy of apparently fraudulent intent.  Hmph.

CITIZENS TRIBUNALS MAY REQUIRED….WITH A LITTLE HELP FROM OUR FRIENDS.  Check with your international law friends…

too big

WE ARE THE MEDIA NOW

#WorkComp, Strip Searches, Facist Gulags; Totalitarianism! Oh My!

#WorkComp legal chicanery comparable to ‘a strip search in a fascist gulag?’ Hint: Totalitarianism

#GrandWorkCompFraud!  No Exclusive Remedies! No Remedies at All.  Pure Chicanery.

lisa and bart the whole damn system is wrong

MARCH IS #BRAIN INJURY AWARENESS MONTH…. What did YOU learn this month, so far?

If it’s a work injury, prepare for the fight for your life, and hope somebody will help you.  Upon diagnosis of brain injury, it seems to be an insurance industry trend to immediately terminate benefits and begin a covert theme of terrorism—medical, mental, financial…. and they reap thousands of dollars in profits for their crime gangs.  Can the DOJ really just continue to look the other way?  America! America!  We are witnessing the collapse of an Empire…. couldn’t be more timely, huh?

MARCH IS ALSO #FUKUSHIMA ELE AWARENESS MONTH…. What you don’t know, will indeed kill you.  Start with the Science, 1,946 known lethal isotopes.  Wishing all the #WorkCompsters very interesting outdoor living.

To enhance your learning about Brains?

https://dvbic.dcoe.mil/material/mtbi-pocket-guide-and-mobile-application

Semper fidelis is a Latin phrase that means “always faithful” or “always loyal”

TBI POCKET GUIDE

THE BRAIN INJURY HANDBOOK: A RESOURCE GUIDE FOR EMPLOYERS

http://www.eocil.org/attach/bihandbk-empl.pdf

THE BRAIN INJURY HANDBOOK

http://www.traumaticbraininjuryatoz.org/

http://www.traumaticbraininjuryatoz.org/The-Brain/Lobe-Functions

BRAIN WORK

To Enhance Your Learning About WorkComp?

LINKED IN  RANKINGS AS OF 3 21 2015

Linked in 3 21 2015  yep

https://www.facebook.comAAWCGT    FB/AskAboutWorkersCompGravyTrains

AAWCGT   RESOURCES   ADD TO IT

https://askaboutworkerscompgravytrains.com/about  

https://askaboutworkerscompgravytrains.com/

NAIDW  54 million plus

https://www.naidw.org/   https://twitter.com/naidw

DEFENSE ATTORNEY JUST DOING HIS JOB/JUST FOLLOWING ORDERS?

When the Nazis came for the communists, I remained

“The more I think about this legal chicanery… and the defense’s new demand for access to 25 years of medical Records, when they have ignored medical evaluations, recommendations and requests for treatment for the past 3 plus years, it sort of feels like a quote strip search unquote in a fascist gulag.”

Remember when the Insurance Carrier’s rep called from Chicago and the phone conversation about denied medical care concluded abruptly with his question, “….so, tell me, Linda, when ARE you going to die?”  Bullying? Harrassment? Threat?

Gulags and WorkCompsters

  1. Totalitarianism is a political system in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible.

IS PRIVACY DEAD? Did she reallly compare #WorkComp legal chicanery to ‘a strip search in a facist gulag?’

 

https://askaboutworkerscompgravytrains.com/2015/03/20/workcomp-new-heights-in-churning-wow/

Remember remember….. All Nuclear Reactors Leak all of the Time…. and #Fukushima is NOT a Leak either….

 

All this for an untreated observed slip and fall backwards on ice at Wyndham Worldwide WorldMark Resort in Big Bear, California at approximately 8 am on January 9, 2012.   Wyndham had absolutely no WorkComp policies and procedures in place, did not call 911, did not offer a ride to a hospital, in fact, insisted that work shift be completed, and then was told to “see any doctor that takes work comp insurance” and proceed to drive down a snowy icy mountain road.

DUTY TO ACT

CAN YOU SAY CORPORATE IRRESPONSIBLITY?  AND THE CASE IS RIDDLED WITH MIS-STATEMENTS WITH INTENT TO DENY MEDICAL CARE, FROM FALSE ALLEGATIONS THAT NOTICE OF AN ALLEGED MPN WAS PROPERLY SERVED, TO EGREGIOUS AND TERRORISTIC FAILURES TO PAY DISABLITY BENFITS, DESPITES ORDERS FROM THE COURT.    NOW THEY WANT TO LOOK BACK 25 YEARS AND SEE IF I CONKED MY HEAD? A JURY SAID THERE WERE NO INJURIES IN THAT DISCLOSED ACCIDENT…. HARD TO FIND COMPETENT ATTORNEYS IN CALIFORNIA, HUH?  CHURN, BABY, CHURN.

Defense Against the Psychopath (Full length) – YouTube

Defense Against the Psychopath By Stefan Verstappen 

Defense Against the Psychopath is a documentary ..
twitter  defense against psychopaths

When we these clowns be brought to trial?  Doctors Trials, include the complicit attorneys and UR peeps and any officials with unclean hands……. “Will the DA please step forward now.”

Interrupt the #WarOnWorkers  #WOW!

ProPublica 3 22 2015  638 pm pdt

ProPublica!  ‘Let’s Get This Party Started!’   Only 253,000 results?  C’mon, you can do better than that! How can injured workers help?

Google Search:  https://www.google.com/search?q=totalitarianism&oq=Total&aqs=chrome.0.69i59j69i57j69i65l3j0.4139j0j9&sourceid=chrome&es_sm=0&ie=UTF-8#q=propublica+workcomp

WHAT ABOUT CORPORATE RESPONSIBILITY?

“Response to the ProPublic Report”… read the entire article here:  https://www.linkedin.com/pulse/response-propublica-report-rebecca-shafer-jd-?trk=vsrp_people_res_infl_post_title

Response to ProPublica

ASK MORE QUESTIONS ABOUT CORPORATE RESPONSIBILITIES AND #WORKCOMP & #PROPUBLICA ETC… #WorkCompChat

senators and kids  01646_252506764823308_196595577081094_624804_1556601069_nmlk passively accepting evil is cooperating with it

flag distress signal

Have a nice day.

THE GREAT DEBATES ON THE GRAND #WORKCOMP FRAUD

#TBI Survivors remind:  MARCH IS #BRAIN INJURY AWARENESS MONTH; everyday is Brain Injury Awareness Day for a Survivor . . .

Injured workers are a particularly challenged population by the egregious failures of insurance carriers, and refusals of employers to demand that the terms of the work comp policies are honored and delivered. Bad faith and breach of fiduciary responsibility are huge problems in this arena. A host of other work comp vultures add to the losses of injured workers. Give a hoot.

People come from around the world for the #Coastline Acquired Brain Injury Program in Newport Beach, California.

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It is all about “compensatory strategies” for dealing with brain injuries.  I pay for it, in more ways than one. Check it out. Coastline ABI knows the deal on brains!!!

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Tell your friends and neighbors about Coastline ABI PROGRAM. . Tell your doctors and attorneys, too.

Ask about #WorkComp Gravy Trains Now  https://askaboutworkerscompgravytrains.com/

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Update on my Wyndham brain injuries of January 2012?!

Nothing changes when nothing changes.

#CNA refused to provide medically necessary treatments since date of the brain injuries, making any injuries worse ….. #CorVel Corporation seems in collusion with callous failures to provide medically necessary treatments. ….and #WyndhamWorldWide #WORLDMARK continue to fail to intervene in the egregious breaches of fiduciary responsibilities.

image

Will more months on the “rest and wait and wait” program,  sprinkled with a few more expensive evaluations with treatment recommendations for the defense to object to seems to be the continued strategies.

TEMP TOTAL DISABILITY payments were NOT made by carrier in 2012-2013 and instead of 104 weeks of TTD followed by State 52 additional weeks (since failures to provide medically necessary treatments did NOT manifest miraculous recovery in the first 3+ years)…actual weeks paid was not close to legal entitlement, hard to calculate as payments were regularly irregular, leaving injured worker nearly destitute. ..were it not for a purchased long term disability policy and early social security.

Last payment from carrier to Injured Worker was approximately May 2014. Next time you read an article suggesting that an injured worker “milks work comp…” Get the facts Jack and Jill! Roughly 80 percent of injured American workers LOSE their jobs, their health, their sanity, their homes, and their lives?! Complaints have been made to the State Controller, as there seems to be plenty of monkey business with taxpayer funds as well crossing state lines.

Ahhhh, the #GrandWorkCompFraud is alive in California and Illinois and New Jersey,  for sure. Does that make it a federal offense?

What a criminal shame. Labor code required insurance company to provide immediate reasonable and necessary medical treatment. They have not, and clearly will not, until perhaps criminal investigations. If only the district attorney would do their job, injured workers, like me, and like you, would not have to endure the torture and terrorism of such organized criminal activities.

Naw, work comp is NOT broken. You know that and so do I. What’s next?

image

#WorkComp is everybody’s BUSINESS.
DEMOLISH #WorkComp?  Start the trials and let the juries decide!
What would Sun Tzu do about The #GrandWorkCompFraud?

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WE ARE THE MEDIA NOW. .. See you on LinkedIn, too. TWEET TWEET

#TTFN

A Cynical Look at #WorkComp War?

A cynical look at the #WorkComp War by a Survivor? Close.

It is an attempt to evoke critical thinking about the #GrandWorkCompFraud scam maiming and killing injured workers, which also ravages public and corporate funds in a business model of PROFITS BEFORE LIVES.

It is also an attempt to dispel the Pollyanna-ish dangerous belief that  #WorkComp, a mega billion dollar industry, is simply “broken.”

When the Nazis came for the communists, I remained

 

#WorkComp is everybody’s business.
image

It is also an attempt to offer hope to injured workers, and to show by example that learned helplessness is lethal and can be overcome, even when most of America knows about the horrors and atrocities and chooses to look the other way.

See more: Ask about #WorkComp Gravy Trains Now
#InjuredWorkersUniting #SilentNoMore
Afterall. . .

image

WE ARE THE MEDIA NOW.

Are #CorVel UR Non-Recommendations Simply Hogwash?

WorkComp Demolition?  “PULL!”
.
Has anybody else experienced a pattern of practice by CorVel reports, allegedly written by various doctors but that appear to written by ‘less educated’ RNs, with skewed facts and gross mis-statements (some are pretty hysterical, if they were not so life-threatening!)
mlk hitler germany
The CorVel patterns of practice with allegations of attempts to reach requesting doctor for more information, with ‘no contact’ made because requesting doctor failed to jump through hoops and respond within minutes? Or how about the copies received by mail demanding response with 72 hours, postmarked 2 days or more past date of alleged request?  Or when they allege they left a message at a certain number, that is to rehabilitation unit recreation room, at which the requesting doctor has never been, let alone receive messages?   How about the guys call and say they are the doctor, but they are not the doctor, or at least a different doctor signs the report?  How about when the reports allege there was no contact, and the injured was present during the communications? Does that ever happen out there???
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One legal pal suggested that CorVel piece alone paves the way for CLASS ACTION for some smart class action/civil rights firm.  There was a recent article somewhere by someone complaining about CorVel, in addition to Mayor Betsy and Forth Worth Police Associations, too.   Maybe their Union could do a little…investigations into CorVel and nation maiming and terrorizing of injured workers?
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Does that just happen on Brain Injury cases?  Hmmmmmm  Anyhow…. Below is another little missive to CNA….. I got a little distracted trying to do some paper work today, and I just see red when I think of these people.
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Someone recently said, “Now, Linda, those lawyers are just doing their jobs.  Work Comp is broken; Nobody gets rich off WorkComp.”
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😕   I nearly spit and said, “Not true.  It’s a mega billion dollar industry, and the only losers are the Injured Workers.  Not only have they failed to pay me disability benefits, they cooked the books and got approximately $18K in award money for refusing to pay TTD in 2012/2013 [State paid $49k 2012-2013, CNA reimbursed $31K in May 2014; injured worker screwed again] AND FOR FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS ALL ALONG.
#GrandWorkCompFraud on the American People and Corporations
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Not only does CNA fail to comply with basic labor code to provide immediate reasonable and necessary medical treatment, THEIR COUNSEL HAS THREATENED ALL SELF-PROCURED PROVIDERS, INTERRUPTING SELF-PROCURED CARE, AND USING FINANCIAL TERRORISM TO ENSURE MEDICAL CARE IS NOT PROCURED.
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Then, they use fancy legal chicanery to continue to obfuscate the facts that they have, in a pattern of continuous harm, FAILED TO PROVIDE MEDICAL CARE IN ACCORDANCE WITH ACOEM, MTUS, OR EVEN 7TH GRADER COMMON SENSE! Where do they find these clowns to write reports on behalf of the defense firms.  I will NEVER forget the forensic psychiatrist who said that ‘if the finder of facts found that there was indeed a slip and fall and concussion, medical treatment would be necessary; there was not, and is no head injury, and she probably just has epilepsy.”
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D’OH!  MY MANAGER HELPED ME UP FROM THE ICE, AND MY COLLEAGUES HAD A GOOD LAUGH AT THE SNOW ALL OVER ME, AND MY DAZED AND CONFUSED APPEARANCE…….   The Admin Manager told me to “See any doctor that takes work comp insurance” and gave me an incomplete DWC-1 form (no insurance info on it at all, just his signature)..D’oh!  Defense firms says that was “proper service” of their alleged “MPN”….. I was required to complete my shift, and find my way down an icy mountain road (20 miles) and then down a desert highway (40 more miles).  How did I do it and survive?  But for the Grace of God!….

DEMOLITION?   PULL!

Demolition of WorkComp  March 2015
NOTE:  Upon verification of Brain Injury is when TTD stopped (April 2012) and terrorism began.  In November 2012, they attempted to coerce early settlement that required forfeiting job, social security, medical, and more….for $100,000, less attorney fees.  That attorney no longer represents me.  He said it was a small community, work comp, and nobody would believe I have a brain injury.  D’oh.  Those idiots don’t even know what a physiatrist is, let alone brain lobes, cognitive and executive functions, etc.   We’ll talk more about attorneys soon…. Must get back to tasks at hand.
 HOGWASH
WORKCOMP SURVIVOR WRITES:  Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process.   I would like to receive the advance no later than March 30, 2015.
—–Original Message—– From: Linda Ayres To: fred.sachs <fred.sachs@cna.com> Cc: wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>; tina.jordan <tina.jordan@wyn.com>; michael.dougherty <michael.dougherty@wyn.com>; mary.falvey <mary.falvey@wyn.com>; shane.riedman <shane.riedman@cna.com>; scott.mixon <scott.mixon@wyn.com>; SReubens <SReubens@grancell-law.com>; lindaayres <lindaayres@aol.com>; wynlinda <wynlinda@gmail.com>; workcomplinda <workcomplinda@gmail.com>; hchalgujia <hchalgujia@aol.com> Sent: Fri, Mar 13, 2015 10:54 am Subject: ADA, RTW, and ESTIMATED PD – ADVANCE: Linda Ayres vs. Wyndham Worldwide et al CNA e3269102 WE and RETURN TO WORK ACCOMMODATIONS
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Dear Fred:
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Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process.   I would like to receive the advance no later than March 30, 2015.
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 DOJ ADA
ADA ACCOMMODATIONS:  I am still awaiting word from Wyndham on extended leave of absence through December 2015, then return to work at Palm Springs, which is important to my planning at Coastline Acquired Brain Injury Program, a State institution, supported also by the Department of Rehabilitation.  The program is very intenstive, and  primarily for people who have received and exhausted all medically necessary treatments; not too many of us have been denied medical care for years; unless they are also injured workers, like me.
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I am hoping I will be able to return to work without any accommodations, upon completion of Coastline Acquired Brain Injury Program in December.  The counselors suggest I may need a second year at Coastline to maximize my cognitive functionality, but that will be determined later in the year.  Transition planning (back to the community) is a big part of the program.
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Please also consider the PD advance request as part of the ADA accommodations request, as CNA has refused to provide medical care and TTD the first two years, leaving me in a very precarious situation, and financial stress is counter-productive to brain injury recovery.
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I understand that it may be just the defense firm “just doing his/her job” and “just following orders” but mis-statements with intent to deny medical care are frowned upon, as are omission of medical records to procure same result.
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Suggesting that the February 2015 Corvel modified recommendations will not be honored for some made up reasons by Defense, is unconscionable, as usual.  I did not hear back from you this week, so I must assume you concur with the defense bad faith and ill will?
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Ignoring all prior medical records with hopes that yet another neuro-psych eval will be from an industry leased doctor, is not quite right, is it?  I will copy you on my request to the Judge.
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If you will please review the evaluations and recommendations for treatment since 2012 from Dr’s DeGoede, Kang, Ponton, Chung, Patterson, Ikeda, Llowell, O’Brien, Kent, Zardouz et al….. you will see the gross mis-management of this case and my ability to recover and return to work, mostly at the hands of Grancell.  I understand that Daniel Elliott, former adjuster may have been inexperienced and therefore subject to intimidation by the Grancell crowd.  I talked with his boss once, very polite, and also did not sound intimidatable.  Ms. Mall’s incorrect statements to multiple doctors were leading, misleading and resulted in what appear to be extremely fraudulent conclusions by 3 doctors, and the whole CorVel people. Sad. Makes CNA appear complict, doesn’t it?
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With your experience, I highly doubt you can be intimated by them.  I trust that you will continue to help me distance from the abuse,harassment, intimdiation, bullying and the implied threats of the defense crowd.
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Please advise how soon I may expect the advance on estimated PD.
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Thank you.
Sincerely,
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Linda Ayres, In Pro Per
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cc:  Linda Ayres, Injured Worker
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Dr. Hilda Chalgujian, Primary Treating Doctor since Orthopedic Surgeon made it very clear he doesn’t deal with brains….. a fact known when Grancell and WCAB insisted that my PTP be an Orthopedic Surgeon, not a physiatrist, neuro-psychologist, neurologist, psychologist, chiropractor, or accupuncturist.  Looks like it’s on you, me, Dr. Hilda and Stewart to move things along…with Tina and Mike.   What say you now?  I hope the ProPublic / NPR Surveys and articles are helpful; I submitted my stories to them and to OSHA.
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cc:  Distribution
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PS:  An updated medical miles request is still forthcoming.  With TBI, sense of time is surreal, at best.   I have also learned, something your Training Department may be interested in, with TBI, when treatment is immediate and swift (interdisciplinary, including speech, occupational, physical therapies, and vision and auditory therapies as required, along with orthopedic issues with chiropractors and accupuncture, return to work further facilitates best outcomes.
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Unfortunately, I also learned that when an injured worker is prevented from return to work for more than 2-3 years, best outcomes are highly improbable.  Thanks.  Don’t let it happen again; I will work with Wyndham to ensure that it doesn’t happen to another Wyndham Employee, and with the injured worker community at large.  It would be nice to tell global audiences that CNA saw their egregious errors and have used this case to correct the wrongs; I realize that is highly improbable, so another route will be created, just like I must work on creating ‘new neuropathways’ to do things that used to be easy, that are now very very challenging.
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I am hoping Wyndham will create a position for me so that I can help clean up the Human Resources issues that have allowed your companies to harm me so, at great cost to me, and cost to shareholders and Wyndham, as well.
Stephen Hawking
A Thug is a Thug is a Thug, Hold the #WorkCompsters Accountable!
If you can’t work, then blog!
WE ARE THE MEDIA NOW!
"Do no harm, but take no sh#t"
“Do no harm, but take no sh#t”
Isn’t it odd that my first job, long ago, in the city was working for CNA?  Does that make me complicit in the atrocities committed against injured workers by this company and their sonderkommando?
May they all have INTERESTING LIVES.

WE ARE THE MEDIA NOW.  EXPECT US.  JOIN US.