(We wonder who pays for the Private–no journàlists allowed — DIR holiday party THIS YEAR? Last year, Youtube has some pretty …interesting….footage of ‘this is a private party’)
(We wonder who pays for the Private–no journàlists allowed — DIR holiday party THIS YEAR? Last year, Youtube has some pretty …interesting….footage of ‘this is a private party’)
Linda Ayres “It’s Complicated or Obfuscated?” vs Wyndham Worldwide – EDD and CNA and SSA TTD, PD, and More
WorkComp – ADA, AME, CNA, CorVel, DOJ, EEOC, FBI, Grancell, IMR, Maximus, QME, WCAB, WorldMark, WyndhamWorldwide – ET AL
TO STAKEHOLDERS, SHAREHOLDERS AND OTHERS TO WHOM IT MAY CONCERN:
email@example.com, Favio.Corral@cna.com, Demetria.Winkler@cna.com, Christopher.Lucas@cna.com, Joshua.Ramos@cna.com, Blair.Shropshire@cna.com, Shauna.Chiappella@cna.com, Brent.Wisniewski@cna.com, Steven.Anderson@cna.com, Amy.Dreibelbis@cna.com, Jonathan.Hueschen@cna.com, Robert.Strozak@cna.com, Eden.Mauro@cna.com, Alissa.Mitchell@cna.com, Ryan.Carbah@cna.com, Julie.Western@cna.com, firstname.lastname@example.org, Reese.Walker@cna.com, Nina.Jones@cna.com, Jo.Speight@CNA.com, Joshua.Ramos@cna.com, Amanda.Settee@cna.com, Kirtan.Dave@cna.com, email@example.com, SReubens@grancell-law.com, firstname.lastname@example.org, Faith.Taylor@WYN.COM, email@example.com, firstname.lastname@example.org, PATRICIA.LEE@WYNDHAMWORLDWIDE.COM, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, Scott.email@example.com, firstname.lastname@example.org, Jonathan.Isernhagen@wyn.com, Walter.Yosafat@wyn.com, email@example.com, firstname.lastname@example.org, Carol.Bullock@wyn.com, Megan.Gormley@wyn.com, Josh.Lesnick@wyn.com, Sara.Salvatore@wyn.com, Barry.Goldstein@WYN.COM, Kitty.Pang@wyn.com, Faye.Tylee@wyn.com, email@example.com, Daniel.Tregoning@cna.com, Denise.Norman@WYN.COM, Nelson.Leiser@WYN.COM, Elena_Vega@corvel.com, firstname.lastname@example.org, RShafer@ReduceYourWorkersComp.com
Hi Pamela at The Advocator (and other interested parties and Stakeholders):
Thank you for your constant kindness and helpfulness. Attached are the requested EDD pieces regarding disability payments shifted from the insurance carrier, CNA, in their willful and callous disregard of California Labor Codes in 2012 and questionable accounting practices since then.
(In this ongoing fight for my life, the Public Version of this missive is located at https://askaboutworkerscompgravytrains.com/list-of-posts)
The good news is that Tina Jordan, HR Regional Director at Wyndham Worldwide in San Diego graciously and kindly authorized the discount hotel vouchers so that I will be able to continue the Coastline Acquired Brain Injury Program for the Summer Session, which begins June 20th and she kindly said more are needed, to let her know.
“THANK YOU THANK YOU THANK YOU!”
There is a company that, as part of their cost-savings recommendations, recommends that Employers send ‘get well cards’ to their injured workers immediately with regular communication toward return to work. (My address is below if any stakeholders want to begin to implement such a program and see where it takes things.) http://wcmanual.com/get-well-cards-package-of-10/ More tips below.
As most of you know, Wyndham HR was advised, apparently by defense, that they could not even speak to me, and when in December 2014 I attended a public open house – no resume required – come meet the managers and find out about Wyndham Worldwide – I was the only attendee from the public, but management made me sit in the empty room for about 45 minutes then politely told me they could not talk to me, couldn’t help me in any way, and that I would have to leave. I was able to see a few former co-workers as they left the office, and that was fun and heart warming. I told one former manager that I’m not quite right in the head yet and he, in kind and sales professional form say, ‘Don’t you worry about that, when you come back we’ll help you get your mojo back…’ or words to that effect, being encouraging and welcoming.
Coastline ABI Program is helping me discover compensatory skills to ‘do life’ again, and I am very grateful. It was the kindest letter I have received from Wyndham since the injury, and I hope to hear back on extension of leave accommodation requested, and that we will commence the interactive process required by FEHA, so that I can get back to work when medically released.
The doctors are not hopeful of my return to work this year, but I am. A second year at Coastline Acquired Brain Injury Program has been suggested by multiple people, and I do not like the label of being “100% disabled”…..my accountant used the term on my taxes as she said, “Linda, it’s been over 3 years. Do you really think you will ever be able to return to work?” NOBODY LIKES TERM DISABLED, AND I AM DISABLED BECAUSE OF CNA’S REFUSAL TO PROVIDE IMMEDIATE REASONABLE AND NECESSARY MEDICAL CARE IN 2012. Monsters, but friends tell me, “Those lawyers are just doing their jobs” and I always say, “So did the Sonderkommando! Just following orders is an insufficient defense!”
Here is the EDD 6/1/ 15 “Explanation of Benefit Payment Record” from 2012 through 2014. [available to the public upon request at WorkCompLinda@gmail.com] Also attached are CNA print outs. [Available to the public upon request at WorkCompLinda@gmail.com] My math skills have been reduced dramatically since the injury, and I can’t make senses of any of this. I just know that CNA has gotten away with some pretty coarse ‘cooking of books’ and violations of labor codes in initial refusals to pay TTD, refusals to provide medical care, and continuous outrageous refusals to reimburse simply miles to their doctors, and medically necessary treatments that were recommended but denied by non-doctors—being lawyers and adjusters without medical expertise, further evidenced below.
I am awaiting response from appeal of February/March 2015 from another industry leased/owned company called MAXIMUS. Defense sent them exparte records with probable intent to continue to deny medical care, and we’ll see if Maximus deals with medical realities or just follows orders of their benefactors. CorVel certainly appears to follow implied directions of the defense counsel, even when an idiot would questions some of the directions. A YELP review of some of their doctors, including their acupuncture and dope dealing neurologists who perform ‘independent medical reviews’ on behalf of CorVel would make you laugh, to lighten the intensity of the allegations herewith. FOLLOW THE MONEY, ALWAYS FOLLOW THE MONEY.
Will you let me know the findings of your accounting people also? I am still working on organizing medical expenses to submit that may serve as further offsets. I have spent more than $35,000 out of pocket to stay alive, despite the interference of CNA and their legal counsel in their continuous pattern of malicious, callous and willful harm, and ‘deny medical care by any means necessary’ approach to breaches of fiduciary responsibilities.
Now they want me to see an Ear Nose and Throat doctor for my brain injury, a doctor’s office that admittedly has no knowledge of brain injury. As loss of hearing was mentioned in a very comprehensive auditory processing evaluation performed at the SCRIPPS Brain Injury Rehabilitation Program last summer (2014) now the Defense attorney wants an ENT to dispute it so they can continue to refuse to provide auditory devices and auditory therapy.
That ENT request is the same nonsense as their leased/owned neurologists who have no clue that vision processing issues are a consequence of brain injury, and ‘corrected vision’ with prism lenses (that CNA also refused to pay for, or even authorize evaluations since 2012. The Judge refused my ADA requests to be seen and heard regarding this matter, as is another pattern and practice of WCAB Court I have experienced repeatedly since 2012.
I fullly expect Grancell to demand a podiatrist QME for my right ankle any day now.
I don’t know where the Workcompsters find their doctors and other participants, but it was heart warming to read about the recent bust of that dirty doctor ring in New Jersey last week. I hope the FBI commences investigations into WorkComp, in California, with my case.
I don’t know how these records show the approximately $49K payout by EDD and the approximately $31K payback by CNA, with a bonus of approximately $18K by negotiated discount to CNA, apparently from Taxpayer coffers?
By copy, I am letting the CNA Adjuster know the actuals paid by EDD and asking if CNA wants to adjust their allegations that they “paid 104 weeks”…. the schedules of payments certainly dispute that, don’t they? They may also want to revisit their legal responsibilities to pay on-going estimated permanent disability payments commencing 14 days after last TTD payment….which appears to be … May 2014 by EDD?
THANK YOU THANK YOU THANK YOU
Sincerely, With Thanks,
Linda Ayres, IN PRO PER
cell: 760 368 7236
PO BOX 835
Yucca Valley CA 9228
#1 Employers that send GET WELL CARDS to injured workers and maintain communications achieve better return work results and over all outcomes. See more here: http://wcmanual.com/get-well-cards-package-of-10/
#2 Google “Manage My Fatigue“ for a new app released by one of the instructors at Coastline Community College, with an aim to assist the Department of Defense in a simple app (utilizing more than 25 years research of helping Acquired Brain Injury Survivors deal with cognitive fatigue and reintegrate into mainstream life post TBI, and post concussion and post PTSD. Michelle Ranae Wild can also be found on LinkedIn.
See comments by Master Sgt. Steckman, a fellow ABI Survivor at Coastline and cast your vote at the DoD link: https://askaboutworkerscompgravytrains.com/2015/05/29/military-or-civilian-got-tbi-imagine-a-3-app-to-help-brain-injury-survivors/
#3 “Your Radiation This Week” ongoing weekly series contains information that impacts not only the hospitality and travel industries, but also the risk management arms of the insurance industries. http://www.veteranstoday.com/author/bobnichols/
Bob Nichols, Writer and Contributor at VETERANS TODAY has written extensively on nuclear matters, pre-and-post Fukushima. The #Wigner Effect may end up being one of the very visible consequences with the least plausible deniability in the coming days/years, as more planes crash and burn. Aviation catastrophe attorneys may soon be finding an uptick in their businesses. Even drive-to-destinations are impacted, as you will see that Bakersfield, California is the Champion of CPMs in the USA …. (highest radiation readings as of last week)…. Remember remember to also ASK ABOUT FUKUSHIMA NOW, and don’t believe the pro-nuker propaganda that ‘there is no immediate danger.’
START WITH THE SCIENCE. DO YOUR OWN RESEARCH. SEE THE SOURCES IN EACH OF THE ARTICLES; DRAW YOUR OWN CONCLUSIONS http://www.veteranstoday.com/author/bobnichols/
#4 ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/list-of-posts/ is an amateur effort to increased awareness of Brain Injury and the horrors of the common practices of WorkComp insurance carriers such as CNA, which cost shareholders money, cost corporations loss of producing employees, and cost injured workers their hopes, homes, dreams and life….all for the mega profits of the few who are ‘just following orders’….
#5 Huff-Post has a series of contributors writing about Brain Injuries, that the adjusters and doctors might be wise to review. https://www.google.com/?gws_rd=ssl#q=huff+post+brain+injury On the whole, it does seem that Brain Injury Survivors have much more information about symptoms, consequences and treatments that the vast majority of the AMA and ABA crowds..and LinkedIn has a wealth of resources, as does Facebook. THINK THINK THINK MOFOS thanks
#CountOnMe is a favorite Wyndham Slogan, so to each and all of you, i remind you, I AM INJURED, NOT STUPID; #CountOnMe…. to expose these atrocities and either help you correct them and/or help the FBI investigate and indict with probable cause and plenty of evidence. For any of you who may be people of faith, you also know that ‘One person and God constitutes an Army….’
WE ARE THE MEDIA NOW
15% OF INJURED WORKERS IN AMERICA ARE ‘UNREPRESENTED?”
Approximately 8 million of the 54 million injured workers?
What would SunTzu do? What would Makana sing?
“#WorkComp is to InjuredWorkers as #PrivatizedPrisons are to________?”
That question has been posted on Facebook, Twitter and LinkedIn. One response already came back:
“as PrivatizedPrisons are to _________?” … the legal human storage biz and all it’s “helpers.”
DISAPPOINTMENT AND FRUSTRATION… READ IT AGAIN…
Medical treatments and experiments for prison injuries vs. work injuries are different how? Does anybody recall the details of 20th Century Doctor Trials?
The only known ‘defense’ strategies… DEFENSE AGAINST THE PSYCHOPATH:
For those who cannot or will not read and think, here is a short video that may help with comprehension:
Not saying all doctors in WorkComp are horrible creatures; many have left the industry for private practice. It is said that some have ‘retired into’ WorkComp evaluations.
Better guidelines for QME/AME designations, along with ethics requirements and recordings of evaluations of all injured workers for at least the next ten years must be considered in order to save lives and indict criminals. Let’s have fresh trials, and stop history from repeating itself in America.
When doctors are not held accountable for false reports that cause harm and death, written for profit and with intention to deny medical care and worse, something’s rotten in the system. When doctors can willfully change dates of injuries in order to use earlier medical reports to falsely substantiate ‘pre-existing’ conditions, something’s rotten in the system. When the System itself allows for ‘secret reports’ and hefty payments to doctors who can’t even get a date of injury straight, something is rotten in the system.
Does anybody have hard stats on WorkComp in America? At the recent #WorkCompCentral #CompLaude Gala, it was mentioned, if memory serves sufficiently, that approximately 15% of injured workers in America are unrepresented..
Could ‘On-Time Records’ help America’s Injured Workers? What can YOU do?
. recently article indicated that the UK offers Corporations tax breaks for providing medically necessary treatments to injured/disabled workers in order to facilitate return to work? http://www.disabilityrightsuk.org/news/2015/january/returning-work-online-media-project http://www.disabilityrightsuk.org/news/2015/january/fit-work-guidance-employers http://www.disabilityrightsuk.org/printmail/1702
Wow, that’s the direct opposite of USA treatment of disabled and injured workers, huh?
Insurance companies here are paid big bonuses for refusing to pay disability benefits, provide medically necessary treatments, and they seem to use any means necessary to shift cost burdens to State and Federal Agencies, before people enter the ranks of homelessness and incarceration. Same insurance companies are on a 3-D plan, DELAY, DENY, DECEIVE, approved by volumes of useless laws? Employers can willfully refuse to engage in interactive process for return to work discussions…FOR YEARS!!! d’OH! Without consequences? Hmph.
Apparently, there are ‘Tea Parties’ and ‘Tea Parties’ and “Tempests in Teapots?”
Often, #InjuredWorkers make poor choices in retaining legal counsel, and many have retained 2 or more, leaving them defenseless, since incompetence in the legal fields allows dismissed counsel to place a lien on the WorkComp claim, rendering it useless (i.e. unprofitable) to further counsel.
If 15% of the InjuredWorkers in America are currently unrepresented, 15% of 54 million is 8,100,000 at any given time. Many of those InjuredWorkers are too sick or medicated to fight the good fight, and many will simply join the ranks of the homeless and prison population and cemetaries.
WHAT SERVICES DOES YOUR WORK COMP FIRM OFFER TO UNREPRESENTED WORKERS, IN PRO PER?
Does YOUR STAFF understand the rights of flag-waving InjuredWorkers, In Pro Per, or is your staff increasing risk of malpractice complaints against your teams?
This case has several instances of WorkComp provider staff telling this injured worker that they can only take directions, requests, medical records, complaints and correction directly from the Defense Counsel, or adjuster, if unrepresented. The perjured Proof of Services and responses to proofs of services are another issue that causes egregious harm.
Really? How interesting. Does the ACLU agree with that interpretation of Civil Rights and Labor Codes? Does the DOJ agree?
ASK ABOUT WORKERS COMP GRAVY TRAINS https://askaboutworkerscompgravytrains.com/
DISAPPOINTMENT AND FRUSTRATION… Read it again… What do YOU think? ARE YOU CONSIDERING GETTING OUT OF WORK COMP ALL TOGETHER, OR ARE YOU ALREADY GONE?https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/
WHAT ARE YOUR CREDENTIALS AND RECOMMENDATIONS TO INJURED WORKERS FOR SURVIVING #WORKCOMP IN AMERICA? See a few here; let’s build the list? https://askaboutworkerscompgravytrains.com/about/
What’s your story? Friends Don’t Let Friends Stay Ignorant. Let us tell it, afterall, ANONYMOUS PRECEDES UNANIMOUS.
WE ARE THE MEDIA NOW
PS WORKCOMP DOESN’T WORK FOR INJURED WORKERS IN AMERICA...
GO FUND ME! http://www.gofundme.com/wynlindaworkcomp
Thank you, Dr. Peter M. Schaeffer Esq., for your kind, empathetic and gracious response:
I truly feel your disappointment and frustration with the work comp system. When I began doing WC almost 20 years ago it was a rather fair system for injured workers but was being abused by a few scammers and unethical doctors and chiropractors who operated mill type clinics screwing the insurance companies at every turn… they knew how to play the system.
When Gov. Arnold S came to power in 2004 the system was in dire need of overhaul as the costs of Workers comp insurance was causing rates to employers to escalate geometrically to the highest in the country, forcing businesses to relocate their businesses elsewhere to reduce insurance costs and found they could recover the costs of relocation in rather short time and affordable terms…. Arnold approved the first nail in the coffin of Workers Compensation SB-899 which was the first step in taking medical control away from doctors and lawyers.
It started what became known as the MPN list… the Medical provider network. Prior, an attorney or injured worker for that matter could chose the treating doctor from the universe of medical providers…under the new rules they had to be on the particular employers workers comp insurance carrier’s MPN list.
In the beginning in 2005 the list was rather large but as time went by the list of choices became rather limited to those doctors willing to play ball with the insurance carriers and only provide conservative treatment and reduce costs to the insurance carrier.
There were counter measures in place that would still protect the injured worker… the AME/QME process.
If medical treatment was denied the injured worker or his attorney could request a neutral doctor to do an exam and write a report outlining the case for the court. It was called a medical legal evaluation or report. The judge at the workers compensation appeals board WCAB could then order the recommended treatment and it was provided.
NOW….SB-863… The IMR process… the kiss of death and the end of due process….
In my opinion the system is broken….
Getting proper medical treatment has become a virtual nightmare and hit and
miss what is getting approved and what isn’t.
The system now is extremely one sided for the insurance carriers …
1. They hand pick the doctors allowed in their medical provider network…weeding out the most liberal applicant friendly docs.
2. All the treatment requested by their own doctors has to be approved by Utilization review…and if not approved…you don’t get it.
3. Denied treatment requests are appealed to an IMR (independent medical review) which is virtually a secret organization like a star chamber with no appeal rights after they deny treatment. Doctors in their utter frustration in not being able to get proper medical treatment for their patients make the injured workers permanent and stationary so they may settle their claims and with the settlement money obtain some of the treatment that had been denied to them under the system.
The injured workers are left with a broken body and not enough money to fix it on their own.
So….I am perhaps more frustrated then you…I enjoyed what I was doing for injured workers for many years …
I felt I changed people’s lives for the better and gave them hope and a new start… many became more then clients ..they became friends. I do not feel I am helping the majority of the clients I am representing in a system that is absolutely stonewalling getting adequate medical treatment
I am at the end of my work comp career if nothing changes to help injured workers get treated fairly,
I was going to continue on for a few more years but the frustration of fighting a losing battle most of the time with the system has taken its toll on myself, my hundreds of clients, doctors, my co-workers, and I am rather highly regarded as a work comp attorney… the system Sucks !
Fair play and due process died in California with the passage of SB 863.
Thank you Governor Brown….the insurance companies had a bigger lobby in Sacramento then injured workers and the organization that allegedly protects them.
Dr. Peter M. Schaeffer Esq.
The Law Offices of Dr. Peter M. Schaeffer
Riverside – Temecula – Palm Springs
951-275-0111 fax 866-343-6256
On 12/30/14 4:14 AM, Linda Ayres wrote:
Hi Dr. Peter,
Your LinkedIn profile caught my attention.
I have a very complicated legal situation, which includes traumatic brain injury, failures to treat, date of injury January 9, 2012. I suppose you could say the issue involves “vicious animals” of the work comp ilk.
It was a simple witnessed slip and fall backwards on ice in Big Bear and closed head injury, while working for Wyndham Worldwide. Insurance Carrier is CNA, defense firm is Grancell-Novato.
My blog tells the story in detail. If, after taking a look, you might have an interest in representing me, please let me know.
I have had some bad luck in retaining competent legal counsel so I have simply resorted to taking it to the streets.
Ask about Worker’s Comp Gravy Ask About Workers’ Comp Gravy Trains https://askaboutworkerscompgravytrains.com/ https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/
Thank you for your consideration.
Happy Healthy & prosperous new year to you.
Linda Ayres, in Pro Per
TBI &WorkComp Survivor
760 368 5243