1. MMI and Future Medical Reports & Personal Assistant now; Independent/Assisted Living, Memory Care for future
2. Trial Return to Work since I don’t get to complete Coastline Acquired Brain Injury Program thanks to file churning, refusals to mediate in June/July/August and Court delays and income issues and more] Nobody has responded to my inquires about if you need any thing else from me. Tina kept asking for a doctor release. I think you have it…that MMI says this is as good as it gets. Well, let’s make some lemonaid. SSA preliminary staff says you don’t need brains to sell timeshare.
3. Mediation or Settlement Offer (your turn, or pass again)
4. Actual vs. Reported TTD and PD benefits (and fines and 25% penalties per incident for failures to pay)
5.. SSA needs accurate benefits report from CNA Was it $87,422.04, $82,092.04, $49,899.12, $47,252.31, $49,393.52 or some other number? (see below)
6.. The reimbursement to EDD with the nearly $20K discount for refusing to pay TTD in 2012/2013 does not count as money given to me; apples and oranges; of that.. let’s look together, details below:
To Whom It May Concern: Just so you know, my outrage is not because I have a brain injury, my outrage is because so many people of the WorkCompsters ilk have profitted by FRAUD causing egregious harm to me, other injured workers like me, from doctors, lawyers, judges, politicians and agencies of the US government–by their total disregard for Civil Rights and all things American. The “Naughty & Nice Lists” are being collected by WorkCompCentralProPublicaNPR and me and my fellow Injured Workers. Expect Us. Join Us.https://lnkd.in/bMvk4n8 #WATMN
$ 77,821.38 [total paid by EDD $49,422 for 2012-2013, and in 2014,
after reimbursement of $31,400 from CNA, EDD paid IW approximately $21,000 of the $31,654
(did EDD get $31,400 or $31,654? who knows? and they still have a $1,500 lien?
with final payment 7/25/14] CNA reimbursed $31,400 of the 49,422 that EDD paid 2012/2013
(amounts are stated differently by all sources) Who’s on First? What’s on Second?
You received the MMI medical report from Dr. Hilda Chalgujian last Friday, August 28, 2015 and on Monday, September 1, 2015, you received a further report from Dr. Chalgujian regarding future medical needs. I have asked Wyndham Worldwide for the dates of the upcoming sales training and to commence the ADA required interactive process to explore trial return to work. I have also restated my desired accommodations and I have asked if any thing else is required of me. I have heard nothing.
Because of what appears to be inaccurate reporting by your client to and with EDD and WCAB regarding actual monies paid to me, there is extreme confusion regarding my Social Security Disability Benefits, causing further audits of amounts paid and due.
I did receive yet another print out from CNA (thanks, Fred) but the numbers are different from other numbers I have received, EDD has received, and apparently those reported to WCAB. (Copy attached; maybe respective numbers people can take a look and sort it out; the Advocator has not been able to, Matrix was also confused last year and I need to follow up with them since they demanded pay back due to information somebody gave them about income I was allegedly receivig but did not; this current CNA print out supports that.) (Did anybody ever figure out yet why SSA thinks I’ve been receiving an disability benefits since May 2014? Much less, they are alleging approximately $4k a month is being received? Yikes! Gotta find out where that money went don’t we? I did not come to me! I have some uncashed checks for evaluations that have not been attended, and those checks will have to be replaced if we ever to Court on seeing an Ear Nose and Throat doctor for my brain injuries!)
As another adverse consequence to me, upon the threat by SSA of termination of all income benefits in November, I was unable to continue to complete the Coastline Acquired Brain Injury Program. I did ask CNA to help with lodging and I would pay (as I have done thoughout) the meals and miles. I am, as you know, out of pocket more than $43,000 to date because of your client’s patterns of continuous harm and failures to provide either immediate or further discovered necessary medical care. If you recall, I was not provided transportation to as much as an urgent center, in fact, I worked my full shift and somehow drove 60 miles after work down an icy mountain to see the first doctor, per management instructions, who “would accept workers compensation insurance.” My confusion and disorientation and inability to speak as I used to be able to got worse. You know the rest of the story.
As it appears now: (text from blog: https://askaboutworkerscompgravytrains.com/2015/08/30/3-of-3-workcomp-magic-money-math-or-follow-the-money-on-the-workcomp-gravy-train/)
It is unclear to everybody how Social Security Administration came up with the numbers for their calculations, and what sources were used. As is apparent here, CNA is all over the place with how much they paid and when. CNA has not paid any penalties to date for delays in payment, which are apparently substantial consider refusal to pay TTD through most of 2012 (4/16/12 – 2/14/13, with last payment being 5/8/14 in the amount of $1,298.82, issued 5/7/14)
EDD PRINT OUT SAYS THEY PAID 938 DAYS AND THAT WC PAID 509 DAYS FOR A TOTAL OF 1,447 DAYS FOR A TOTAL OF 127,214.90 FOR A TOTAL BETWEEN EDD AND WC FOR 1013 DAYS. MAKES SENSE SO FAR? YEAH, TO ME EITHER.
EDD says here EDD paid
EDD SAYS WC PAID IW
WC SAYS HERE PAID IW
CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.
CNA “Total WC Ind to Date””
C N A “Total WC Ind to Date”
CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.
Total WC ind to date
Notice of termination of benefits; last check was 2/12/14, when “Total WC ind to date” was $42,899.12 — approximately 40 weeks
“Notice of TTD Resume for 2/14/14 – 4/24/14 @ 649.41 ” w/check for $6494 issued 4/18/14 and a check for 4/25/14 – 5/8/14 for $1298.82 on 5/7/14
C N A issues another ‘notice of payment termination, again alledging “104 weeks of payments paid 1/9/12 – 5/8/14 @ 652.15/week for a new total of $82,092.04
LAST PAYMENT ISSUED 5/7/14 for $1298.82
PD Disability status – repeated refusals to provide estimate PD benefits or advances
PD advance on estimated PD to help get TBI treatment, $5,000, subrogated to LTD carrier, new total paid stated as $87,422.04
So, please sort out what was actually paid to me by CNA, would you pretty please? Was it $87,422.04, $82,092.04, $49,899.12, $47,252.31, $49,393.52 or some other number? Please send proof of payments also, as it will be necessary to forward to SSA and WCAB Audit Unit.
There are also unpaid late fines and penalties due for failures to pay TTD, and failures to reimburse medical miles dated back to 2012, fully documented on the premature C&R proposed that included payback had I been willing to quit my job, forfeit any future medical, promise not to file for Social Security Benefits and worse. There are also fines and penalties for failures to pay medical expenses. That is not the spirit of the Workers Compensation laws and the Labor Codes. Actually, the 2012 attempt to coerce premature settlement once the brain injury was diagnosed and Kim Mall and Daniel Elliott obstructed every effort to get medical care and more complete diagnosis sounds pretty predatory and probably quite illegal.
Bottom line, as I told you all, due to the financial terrorism and refusals by CNA to pay TTD benefits, last year I was forced to apply for social services welfare, and the Salvation Army helped me keep my lights on. I’m not doing that again.
This is America, and we have laws. While I am not an attorney, attempting to represent myself despite my brain injuries due to the Ethics Violations of the prior attorneys that handled my case so poorly, I DO KNOW THE DIFFERENCE BETWEEN RIGHT AND WRONG, LAW AND ORDER
So, let me know how we proceed with return to work. I’m not going back to social services for welfare money because so many people profited by my injuries and now I am no longer a profit center for same. The District Attorney and FBI Corruption Task Fore has just shut down Palm Springs City Hall, and Wyndham has many properties in the area. Let’s hope the alleged Wyndham WorkComp collusion/corruption finally makes it to their radar also.
I will be in Palm Springs and Rancho Mirage this afternoon, doing some research into Independent and Assisted Living communities, that also have Memory Care services. As Dr. Chalgujian’s report indicated I could certainly benefit from 8-10 hours of personal assistance, if you could organize that now, it could help me expedite return to work tasks.
Many thanks. Let’s get going, we don’t want this file to churn several more years, or do we? As mentioned on voice mail to Fred, if you all want to make a settlement offer, I have someone who will review it with me whose opinion I respect. He doesn’t think you have any interest in settling, nor do I, so let’s get me back work. We won’t know if I can do it till we try, and I am most willing to try.
Thanks a bunch.
LINDA AYRES, IN PRO PER
From: Linda Ayres <email@example.com>Cc: Linda Ayres <firstname.lastname@example.org>
Sent: Sat, Aug 29, 2015 1:28 pm
Subject: Fw: PD & TTD Benefit Printouts – Linda Ayres
Is this a legitimate RETURN TO WORK process and program??
“Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.
In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.
We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise…… [see the rest below] “
How’s that working for YOU? OBFUSCATIONS! VIOLATIONS! DECEPTIONS! DELAYS since 2012!!
What would Liz Ryan of Human Workplace say/do? D’oh!
From: lindaayres <email@example.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
Attached please find requests for employee discounts at the Costa Mesa property for the Fall Session of the Coastline Acquired Brain Injury program.
This will apparently prevent further loss of time and further harm and interference with care to me, while you figure out or develop a legitimate Return To Work policy for Wyndham Worldwide.
The dates for required lodging to continue participation in the Coastline Acquired Brain Injury Program are for 8/23-8/27; 8/30-9/3; 9/7-9/10, 9/13-9/17, 9/20-9/24; 9/27 – 10/1; 10/4-10/8; 10/11 – 10/15; 10/18- 10/22; 10/25 – 10/29; 11/1 – 11/5; 11/8 – 11/12; 11/8 – 11/12; 11/15-11/19; 11/22 – 11/25; 11/29-12-3; 12/6 – 12/10.
Please return them, signed, by or before 7/14/15 so that I can register for the fall program, knowing I have a place to stay.
Please send me your proposal for return to work based on all evidence in so far, and I will reschedule meetings to discuss medical release with my doctor(s). Because I did not have the information, this week’s meetings with my interdisciplinary team were essentially wasted, other than the encouragement to seek employment law legal counsel to KNOW MY RIGHTS.
Sadly, due to Wyndham refusals to meet with me in interactive process (requested meeting since May 2015) and Wyndham refusal to provide training information for discussions treatment team this month, please simply extend my accommodations request for continued leave through December 11, 2015. This further extension will provide time during which time the following can be accomplished:
Wyndham can provide a TRIAL Return to Workproposal and offer, based on all known evidence, Upon graduation from the first year at Coastline ABI Program, it is highly possible that I may be able to return to work with minimal accommodations. During the Fall session, because part of the intention of Coastline is to help people with brain injuries return to work or community service, an accommodation plan for Wyndham to consider would be a split week (after the 2-4 week sales training). Attending Coastline on Mon Tue, or Tue Wed with 3 days (for example, Fri, Sat, Sun) to transition back to full time work would be a consideration, starting in late summer/early fall, to be determined.
Reassignment to a new position such as VLO, or a new position that can be done virtually, such as assisting with development of a legitimate Return to Work Program in every state, starting in California (then perhaps Florida, another Wyndam hot-spot for WorkComp violations);
As I have repeatedly suggested, perhaps a position could be created for me to function as an Advocate for Injured Workers or to head a team to seek a change of providers for the failed CNA insurance WorkComp coverage, irregardless of what Board Members and/or other staff may have conflicts of interest in keeping CNA. That is another issue altogether, isn’t it?
Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
New private neurologist seems quite alarmed that CNA refused to have the April 2014 EEG further evaluated with medical evidence, as recommended by their neuro-consult doctor. Several more EEGs and possibly MRI’s are being scheduled
Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
Submit new and past due reimbursements requests to CNA and WCAB Audit Unit with complaints re CNA failures to make payments of estimated permanent disabilities (should have commenced last year). I have spent more than $43,000 to survive the Wyndham WorkComp program.
The additional time will also give defense time to organize and correct the mistakes and omissions on their version of the medical index prior to any further evaluations. While defense insists that, apparently, because I have not died from lack of medical care, and because I have not become homeless because of failures to provide disaiblity benefits in compliance with law and the insurance policy, that mediation for the work comp case is premature, as they know, the employment law issues are outside of work comp. I believe Grancell has an employment law division and they will most likely be happy to engage in a lawsuit that may cost Wyndham Worldwide hundreds of thousands of dollars in legal fees to defend. Maybe that’s covered in the policy as well, so no real risk to Wyndham, just more money for Grancell. Not my problem.
Update complaints to DOI and FBI
Update information ot the media, social and mainstream
As you know, Social Security Disability Hearing finds me chronically and permanently disabled, gives little weight to the reports of AME/QME doctors of 2013, as they ‘did not have sufficient evidence’ and it is certain that a legitimate WorkComp Judge would find the same, if not finding pure felony fraud of those reports. Social Security gives an injured work an option for Trial Return to Work. In light of this week’s Wyndham shenanigans, and the pending additional false reports Grancell apparently hopes to obtain while further churning the files, completing Coastline ABI Program through December 2015 seems to be the most streamline accommodation, with a plan in place to resume a TRIAL RETURN TO WORK at that time, assuming medical release.
A “structured day” is critical to someone with a brain injury, so while Wyndham, CNA and Grancell diddle further, continuation at the ABI program is essential for my overall health and progress. I have no reason to believe you will act in good faith now, as it has not been your practice yet. Remember, you both have failed to intervene in helping me get medical care or disability benefits since the date of injury. Remember, there was no ‘proper notice of MPN’ and there was no offer for a ride to medical care on the date of the incident, there have been no get well wishes, and there has only been harm and permanent disability due to the non-existence of a WorkComp program at Wyndham Worldwide/WorldMark by Wyndham. Great benefits if you’re not injured; total devastation if you are. One day, you may also get to experience it. Your knowledge will not protect you, either. You’re pawns in the bigger game of THEIR PROFITS. One day you may see that, and have some remorse for the harm you have done to me, and who knows how many others. That may be a ‘pearly gates’ accountability for you, but you will be held accountable, as we all are, for all of our actions. That’s just how life works. There are no free lunches, and no free gifts!
While one doctor had indicated that attempting the summer training sessions would be telling as to my cognitive capacity and stamina, your delays and refusals to provide information and to meet in interactive proces, make the summer session (during Coastline break) an impossibility now. I didn’t get the Oceanside and Anaheim dates until after my meetings, so I was unable to discuss with the professionals. Also, since you previously advised that lodging is not provided to trainees, since there are no trainings happening in Indio, we will probably have to wait until such time. Please please keep me posted as to the next Indio training sessions, so that it can be incorporated into a return to work plan/transition from Coastline ABI program plan.
I have no idea why you refused to provide the dates so they could be discussed with people trying to help me return to work. I could have asked the doctors and professors on an opinion to request to be in the Oceanside training, if lodging was included. As it stands, they seem as horrified as I am by the continued patterns of harm and bad faith, and they seem to think it is a hostile workplace, and a severe danger for me. That’s based on what I have told them about my experiences trying to get medical care, and aborted attempts since 2012 to return to work. My deductive reasoning is still a bit off, so I must defer to friends and professionals who suggest that Wyndham means only further harm to me. I don’t want to believe that.
It is incumbent on Wyndham , as previously requested, to provide a proposal for return to work with known requested accommodations. All of my requests have apparently been unsuccessful in facilitating interactive process. WVO Leave Support also refused to correct the mis-statements of the existing leave extension. Please send me a proposal for return to work incorporating all previous communications and this one. Upon receipt of your proposal, I will make fresh appointments to discuss a Wyndham RTW proposal with professionals who can offer counsel.
As you know, time is of the essence and any accommodations requests for a transition plan from Coastline back to work must be submitted with Fall Registration by 7/15/15. It was in that regard that I needed the information for my meetings this week with professionals, to determine what, if any, accommodations to request. Then, you and I were to meet after those meetings. We tried to schedule a meeting, which I first requested when vouchers were submitted for the Summer Coastline ABI program. So, your statements that you remain willing to meet while you refuse again to meet, are baffling, indeed, and clearly false evidence appearing real. That was your same pattern of practice last year, when the Scripps Occupational Therapy Department Supervisor attempted to coordinate a meeting to commence the interactive proces.
If you are relying on Grancell’s staff for ADA compliance information, as a Shareholder, I must insist you seek outside counsel for compliance, and as a shareholder, I must insist that you and Michael Doughterty and other stakeholders demand an outside claim audit of the gross mishandling of my case, internally and externally.
Thank you for your email of last night indicating “… we remain willing to meet with you at a mutually agreeable time and place”. Looks nice on paper, but your words are not congruent with your actions.
For several weeks now I had been attempting to secure an appointment with you to engage in interactive process to plan return to work (as requested most recently as far back as May 2015). While my treatment team was astonished at your email requesting to meet in session with the doctor and me, and your refusal to provide any preliminary information, as I repeated requested, I needed information from you regarding dates of the upcoming training sessions for a Wednesday 8 am meeting at Coastline and a Thursday morning meeting in Palm Springs.
Once I advised you that I have been encouraged to seek legal counsel with an employment lawyer regarding my legal rights, you finally provided the dates of the next couple of training sessions, AFTER MY MEETINGS. I will not see the doctor again for a few weeks, and we will explore the possibilities further.
As Wyndham has all the medical information and doctor reports from WorkComp doctors necessary and pages of my requests and proposals, including the spreadhsheet I did of IF THS/THEN THAT scenarios, and I have even provided you with JANN.org and SCRIPPS Brain Injury Day Treatment Center info on what it would take to have SCRIPPS participate in the interactive process, including their fee of approximately $20,000 for the services – to include further speech, occupational and physical therapy – I don’t know how else to work with you to attempt return to work.
Consensus amongst friends and providers is that I must take actions to protect myself. Many suggest dismissing hopes to make a difference in the lives of other injured workers violated, maimed, and permanently disabled by WorkComp practices such as those I have endured at the cruel hands of Wyndham Worldwide, CNA aka American Casualty and the Grancell team of legal goons with those of the WCAB is a philosophical difference. I have talked with and met too many uninjured professionals who know the truths, and refuse to act. I truly believe that THOSE WHO HAVE THE PRIVILEGE TO KNOW, HAVE THE DUTY TO ACT. I know. I have a duty to act, to save my own life, expose the horrors and atrocities of the abuses of injured workers in California, America and the World, by people making a living off looking the other way, or making up stories to obfuscate facts. Such practices allowed the horrors of Hitler’s Germany to happen, not unlike the WorkComp extermination programs we have today, that profit people like you harming people like me.
So, please please please return the employee discount vouchers by 7/15/15 so that I can proceed with registration for the Fall session of the Coastline Acquired Brain Injury Program — One of the subjects for the next session is Emotional Intelligence at the Workplace, and I am studying the information found on the internet, SELF DEFENSE AGAINST THE CORPORATE PSYCOPATHS. http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml On LinkedIn, I always enjoy the writings of Liz Ryan about the HUMAN WORKPLACE. You might find it of interest, also.
I look forward with anticipation to the Wyndham Proposal for return to work scheduling, training, accommodations and more. I know the employment law lawyer will wonder why I have not received such a proposal, and will likely find your request to meet with my doctor in person, on my dime, more astonishing that I did. (It does not, Tina, conform to ADA/EEOC, FEHA requirements, and whoever told you it did, gave you info to bury you. Somebody else wants your job or what? Get better sources for your information on return to work, and get some training. It’s available. “GOOGLE IT”
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 5243
Attachments: Vouchers for Employee Discounts to attend Coastline Acquired Brain Injury Program
The upcoming training dates for July and August are provided below. As you note, these dates are subject to change, and the precise locations within the cities listed have not been confirmed yet.
July : …. [omitted on web version]
Oceanside: …. [omitted on web version]
Augus t: The Brand will be based on Business/Staffing needs ….
In connection with our offer, as part of our ongoing interactive process, to meet with you and your physician to discuss your return to work options, we ask that you please provide advance notice of at least 5 (and preferably 7) days’ notice of the appointment time and location.
Regarding your mention of fees, though Wyndham is not obligated to pay for your examination by a doctor that you choose to see, the company will consider making an exception for this appointment. Please provide your doctor’s name, rate and the anticipated cost for the appointment as soon as you are able.
Hi Tina: I have not heard back from you or Melissa regarding the dates of upcoming sales training or confirmation of the tentative meeting in Indio today at 1230. Per earlier email: “I can meet you at 1230 in Indio on Jul 9. Will that work for you?” I will consider your failure to respond further confirmation that no interactive process meeting will take place yet.. In light of the continued bad faith and lightly masked hostilities, I will seek legal counsel regarding the continuous pattern of FEHA and ADA violations, and your A-typical attempts to deceive and delay return to work. Thank you. I will be back with you and Michael Dougherty, as the bulk of the violations since 2012 seem to rest on your desks as this moves out of WorkComp jurisdiction to EEOC and State and Federal ADA violations, in a pattern of continuous harm and bad faith. Sincerely, Linda Ayres, In Pro Per
InjuredWorkersUniting; Silent No More
From: LINDA AYRES – We Are The Media Now <firstname.lastname@example.org> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<email@example.com>; Stewart Reubens<SReubens@grancell-law.com>; firstname.lastname@example.org<email@example.com>; Michael DOUGHERTY<firstname.lastname@example.org>; <email@example.com>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<firstname.lastname@example.org>
Subject: RE: Return to work request and training session dates requested
Hi Tina, Thank you for your response. I still need to know the upcoming dates of the next sales training sessions for my appointment tomorrow and for the Coastline transition plan and accommodations proposal. Please advise today. Just the dates to facilitate informed discussions and planning, please.
I already found out that Palm Springs sales office is temporarily closed. Please provide anticipated reopen date, as location is another factor of concern in planning, important to me and to my treatment teams. Your non-response to the dates was similar when Scripps Brain Injury Program tried to help me return to work in August 2014, and when Dr Ponton in 2012 tried. Please try to be more helpful. They are just dates, subject to change, to facilitate discussion for return to work. The dates are what I keep asking you for and refusal to provide them seems very hostile and in bad faith. I hope I am wrong. I consider it to be continued bad faith and refusal to engage in timely interactive process.
I will take your letter to the doctor tomorrow and get back to you asap regarding availability, willingness and what else may be required, along with any additional fees that may be required. The agenda for tomorrow’s meeting is already set and I NEED TO KNOW THE DATES OF THE NEXT TRAINING SESSIONS to be fully prepared for my doctor’s appointment. It’s a treatment session not a business session tomorrow morning. I can still meet with you and Melissa tomorrow afternoon for a preliminary meeting, pre doctor session to ensure a productive movement forward. I can meet you at 1230 in Indio on Jul 9. Will that work for you? Daniel Elliott @CNA used a similar tactic in 2012 to obfuscate truth and waste a treatment session with then treating Dr DeGoede, referred to by CIGNA, the Wyndham EAP provider, then CNA cheated the doctor out of 4 agreed upon session payments and then doctor would not even see me on a cash basis. I will not allow you to ruin my opportunity for treatment with this doctor too. As you know, since I represent myself in pro per, I am required to copy defense on all communication with you.
Thank you. Linda Ayres, In Pro PerWWID 415287
——– Original message ——–
Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process. In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work. We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise. Accordingly, please provide available dates and times for an appointment when we can hold this meeting and confirm who the doctor is, his or her office address and what his or her specialty is. If your doctor becomes unavailable for the appointment we confirm, we will ask that you let us know as soon as possible so that we can coordinate with you to reschedule the appointment at the next mutually available time.
Please note and advise your doctor that we are not seeking to be advised of your diagnosis or to be provided other personal medical information. Rather, we are interested in whether and when you will be released to return to work and what if any restrictions you may have as well as how those might be accommodated. I look forward to hearing from you.
Dear Wyndham Leave Support Center Staff:
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015. ….
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Hi Tina, Will you please advise the date of the next two sales training classes? I want to discuss with my new doctor team. It’s looking up for a trial return to work. One doctor suggested that a trial return to work could be very beneficial and the two weeks of training telling. While people of “low average” intelligence can certainly sell time share, despite my cognitive impairments and IQ loss, if I can successfully overcome the frontal lobe, auditory and visual processing issues etc, I too may be able to succeed again. 😀 I need to know the dates of the July/August class and location and confirmation that Palm Springs Sales office is still open. I also need to know when we can meet to explore planning. In 2012 one of the WorkComp doctors responded to my question, “When will I know I am ready to return to work” with a snippy, “You’ll know you’re ready when you are back at work.” Many other doctors have said that had I received care in the first year, it was highly probable I may have returned to work in months. Again, thanks to CNA, I have simply been permanently and egregiously harmed. Too bad Wyndham has such a poor WorkComp policy. As you know, Fred Sachs sent me another useless list to work from to find a primary treating neurologist. Seemed to be the same useless one Daniel Elliott sent. Thanks to Social Security Disability and benefits, I may be able to get some legitimate medical treatment from brain injury experts, while building a treatment team for the long term medical requirements likely necessary due to the untreated brain injury of 1/9/12. I now have a local chiropractor, neurologist and psychologist. For the psychologist, for my next session, we will explore return to work planning. As you know, I want to engage in the interactive process for RTW planning. I have not received a corrected version, as requested weeks ago, of the current extension. Let’s get some real dates on the table and a meeting on calendar. Thank you. Linda Ayres, In Pro Per Lindaayres@aol.comWorkcomplinda@gmail.com PS. I am hopeful of return to work without a FEHA Lawsuit….and being the Top In House Sales Rep in Palm Springs Ever….!
I am tired of the abuse by Grancell and CNA……and I am proceeding with complaints to “supplemental people” everywhere. InjuredWorkersUniting; Silent No More
Hey Fred… One of the work comp doctors suggested that if I have human rights violation complaints that I take it to The Hague.
I have no idea how to do that, but if we can find a way ….are you in, and do you think we can find a bunch of Canadians to join a bunch of Americans to expose fascist criminals?
Doctor’s Trials for the 21st Century #NouveauSonderkommando#NouveauNazis. I hear we may need citizens tribunals as a first step and I think Americans would have to help the Canadians and the Canadians might have to help the Brits the Brits might have to help the Aussies who might in turn have to help the Americans…..
I will be publishing a list of all the doctors that I have been exposed to, all who have profited by reports they have generated… Reports that have been good bad ugly truthful and fraudulent… I won’t separate them out yet… But if they touched my case they need to be named. The innocent will rise to the top and the proper authorities can sort them out.
I am only three and a half years into this fight for my life, along with the lives of others injured workers around the world… maimed harmed tortured and prematurely killed by these creatures.
In your experience do you know of any other workers who have attempted citizens tribunals, in what countries, and with what success if any? WORKcompLINDA@GMAIL.COM
I don’t believe there are any attorneys or agencies in the United States of America who will help us… They would have done so by now.
What do you think?
PS Must absolutely include the Lawyers and all complicit that appear to be leading the raids and terrorism practices…
The report shows that Travel & Tourism comes third out of the eight researched sectors, after retail and agriculture. The industry supported 277 million jobs in 2014, which is 9.4% of world employment.
With 105 million people directly employed in 2014, the industry globally employs:
7 times more than automotive manufacturing (14 million)
5 times more than chemicals manufacturing (20 million)
4 times more than banking (27 million)
4 times more than mining (27 million)
2 times more than financial services (59 million)
According to the report, Travel & Tourism is the second-fastest growing sector globally. Forecast to grow at 3.9% per annum over the next ten years, this industry’s growth will outpace the global economy, which is estimated to increase by 2.9% per annum over the next decade.
The research shows that Travel & Tourism, generating US$ 7.6 trillion in contribution to GDP in 2014, is the fourth largest sector after mining, financial services and retail respectively.
[Emphasis added by blogger to highlight that this industry fails to provide medically necessary treatments to injured workers and is complicit in bullying and terrorism of injured workers by refusal to manage their agents of workers compensation insurance, giving the appearance of collusion with intent to maim and cause permanente disablities to workers over the age of 35, injured on the job. Note that RCI is one of the very many Wyndham Worldwide companies; see also LINDA AYRES VS. WYNDHAM WORLDWIDE ET AL ] https://askaboutworkerscompgravytrains.com/list-of-posts
“….It might be paranoia, but the suspiciously coincidental release of the highly critical ProPublica/NPR report and the equally scathing OSHA report on workers’ compensation raised many eyebrows in the industry. One only need review the titles of these two reports to get the gist of their content. The ProPublica report, entitled “The Demolition of Workers’ Comp”, was the first in a series of articles looking at many “worst case” scenarios within the comp system. The OSHA report title, “Adding Inequality to Injury: The Costs Of Failing To Protect Workers On The Job”, pretty much says it all regarding the intent and outcome of the report. This balanced work, produced with our tax dollars, and using wholly scientific phrases such as “Statistics are People with the Tears Washed Off”, eviscerated employers and workers’ comp, alleging that we essentially renege on up to 80% of injury costs across the nation….” READ THE ENTIRE ARTICLE HERE:
INJURED WORKER’S COMMENTS ON BOB’S BLOG:
Wouldn’t it be great if the feds… Including but not limited to the Department of Justice and the FBI would commence investigations into the criminal corruption that permeates the work comp industries, maiming and further injuring the workforce and shareholders, for the profits of the few, causing permanent disabilities, then shifting the costs to the Federal agencies?
Or, as a WC Doctor suggested to an injured worker, ‘If you have Human Rights Violations Complaints, take it to The Hague’ — caching! $7k for a false report to deny medical care. Ditto for two peers with QME designations.
Because of the work comp system, and SS type policing policies and how it overlooks crimes against injured workers nationally, I am now permanently disabled, also with thanks to their failures to treat combined with bullying and terrorism for more than three years.
Super Lawyers have assured me that my case is very common. Demolition of work comp is happening, and the investigators at ProPublica and OSHA have just scratched the surface of the corruption. They need to dig deeper, and the feds need to help. Yes, trials for the #NouveauSonderkommando are over due, imho.
TAKE IT TO THE HAGUE?
LOOKS LIKE THERE MAY ALREADY BE GLOBAL INTEREST
READERS OF ASK ABOUT WORKERS COMP GRAVY TRAINS ARE FROM THE FOLLOWING COUNTRIES:
When one thing doesn’t work, we do something else. America’s WorkComp system is failing America miserably. SuperLawyers indicate that this story isNOT UNCOMMON.
What IS uncommon is that this InjuredWorker is fighting back, by any and every means necessary. If it takes 21st Century “Doctor Trials”…. let the Tribunals begin!
Is there a Lawyer’s Den that will help the American people with class action suits against the perpetrators, all of them.
Medical treatment, disability benefits, and reimbursement of medically necessary expenses have been denied (approximately $30K unreimbursed expenses to date, and rising) since date of injury, January 9, 2012.
Wyndham Worldwide’s #WorkComp carrier and legal firm have repeatedly interfered with and caused failures to provide medically necessary treatment since date of injury. The bullying, chicanery and worse are documented in the blog posts; draw your own conclusions.
One unfortunate circumstance, a witnessed slip and fall backwards on ice at the WorldMark by Wyndham Big Bear resort, has been compounded by a series of increasingly harmful circumstances, with callous disregard for my life.
The past three years have been filled with legal, medical, financial torture and abuse and patterns of continuous harm, without any Corporate intervention or responsibility, despite repeated pleas for help by this brain injured worker.
Adult Protective Services offered some help, as well as a local CRISIS Center. Shame on Wyndham, CNA, and Grancell… and the doctors complicit in failures to provide immediate, reasonable and appropriate medical care, in compliance with California Labor Codes and the Constitution of the United States of America.
The loss of cognitive abilities is unfathomable to anybody but another TBI Survivor. TBI is called an INVISIBLE DISABILITY.
WorkComp doctor, in 2013, suggested that because I am over 35, female and disabled, I am not entitled to any medical treatments since it was not provided in the first two years either. Several QME/AME doctors might find themselves in Nuremberg type trials in America sooner rather than later.
The fraud and following of orders of defense firms is straight out of a bad movie, from changing dates of injury to use prior year medical records to allege ‘pre-existing’ injuries, to simply writing what a defense attorney asks them to write, to ‘secret submission’ asking doctor to review but not summarize medical records, in true SS fashion, and in full violation of CA Constitution Article XIV and the US Constitution in entirety.
Where is the ACLU and the National Lawyer’s Guild and the “LawyersDen” when it comes to experimentation and exterminations of injured and disabled people? More importantly, WHERE ARE THE DISTRICT ATTORNEYS AND WHERE IS THE DEPARTMENT OF JUSTICE AND HOMELAND SECURITY???
Defense firm asks why I believe I am entitled to any medical care or disability benefits. The insurance carrier, after calling and listening to whining about denied medical care, asked, “…when ARE you going to die?”
WorkComp is a mega billion dollar industry. Timeshare/Hospitality is also a mega billion dollar industry, therefore;
WHY MUST INJURED WORKERS IN AMERICA FACE HEALTH LOSS, UTILITY CUT-OFF, REPOSSESSIONS, FORECLOSURES AND PREMATURE DEATH SO THAT SOMEONE LIKE THOMAS MOTAMED, CEO OF CNA CAN MAKE MORE THAN $10.7 MILLION A YEAR???
Who else makes the big bucks, and has conferences in some of the nation’s fanciest joints, and has drinks after a little education and pondering the state of dying injured workers and diminishing profits for some, and opines about the plight of the po’ injured workers of AMERICA? Average salary in WorkComp is probably close to $100K? Those commissioned insurance reps and structured settlement peeps are probably in the $250-$500K ranges? What are the ‘bonuses” based on? Kill rates?
So, all those profiting by WorkComp industries are hereby asked to search your soul, then use the GO FUND ME button, now and on a monthly basis until this case is settled, and a non-profit organization can be set up to help #InjuredWorkers in America and around the world.
#WorkCompCentral #CompLaude Gala Awards #InjuredWorker category Nominee and Finalist with TBI…. Oh My! Huh?!
WE ARE THE MEDIA NOW. SHARE YOUR STORY HERE TOO. (OR not!)
This blog, ASK ABOUT WORKERS COMP GRAVY TRAINS, is an example of what can happen when a corporation has a policy of …
Don’t call 9-11, don’t drive a head-injured worker to a hospital or emergency room, have a good laugh at the fall in a sales meeting, encourage completing work shift then driving 20 miles down an icy-mountain road then 40 more miles of desert 2-lane road to get to “go to any doctor that takes work comp insurance” and provides an incomplete DWC-1 form (no insurance carrier info; then emails later with a list of providers that no longer accept work comp insurance and demands to cease seeing the doctor seen on date of injury; defense firm later insists said action is “proper service” of an alleged ‘MPN’), no-get-well-wishes, no follow up, erroneous info, reliance on EAP to facilitate first doctors (shifting burden to health insurance vs work comp carrier) (then adjuster has extensive phone conversation with EAP designated doctor regarding severity of injuries and shortly thereafter terminates benefits, stiffing said doctor for 4 appointment payments also), no intervention to help an injured worker for nearly 3 years, no participation in FEHA interactive process, no apparent return to work program–with or without ADA accommodations, “the silent treatment” if pro-active nearly destitute injured worker is the only attendee at a corporate public JOB FAIR in an attempt to facilitate “RTW,”
Further policies appear to include introduction of injured worker to the State Welfare Systems and the generosity of charitable organizations such as THE SALVATION ARMY because of failures to provide medically necessary treatment for ‘going on 3 years’ and refusing to pay disability benefits, causing loss of professional credentials and complicating work injuries because of failures to provide immediate, reasonable and necessary medical care and shifting all burdens of the WorkComp policy benefits to others….
Defense firm attempted to coerce first year premature Settlement, without repeatedly requested brain injury evaluations and treatments, for $100k less attorney fees, that required full release of all liability, it required resignation from job, forfeiture of any/all State disability/Medicare benefits for “3 years” with callous disregard for life itself. File appears to have been churned churned churned repeatedly. Injured worker is out of pocket nearly $30,000, for self-procuring physician requested treatments and evaluations that the insurance carrier or and defense firm denied repeatedly until the new law, when the buck could be further passed on ‘non-recommendations’ for treatment by non-brain injury experts.
District Attorney indicated the complaints “have merit”….but that was quite a while ago. EEOC asked why the brain-injured worker waited so long to complain. One lawyer, after repeated attempts to find competent legal representation, after file review, concluded with the question, “So why did you wait more than 2 years for medical care for a brain injury?” D’oh!
IF THAT’S WORK COMP, WE, THE INJURED WORKERS SAY…. NO THANKS TO THOSE WHO PLACE “PROFITS BEFORE LIVES”
Earlier in 2014, the State Adult Protective Services intervened in response to complaints of financial terrorism compounding the failures to provide medical treatment for, at that time, over two years.
Ask About Brain Injuries and “Perseveration” of pen, words, thoughts and neuro-misfirings; for those in #WorkComp who do not know, the “brain” is a body part located in the head region. A witnessed slip and fall “backwards” on ice only has the “skull” to break the fall; see illustration:
We applaud David DePaolo and his Colleagues, Staff and Organization for Initiation and Continuation of the CompLaude Awards Gala! That’s pretty gutsy, and the impact must be far reaching! Thank you for the privilege of being considered in the InjuredWorker category, and if we can be of any assistance to make it a National, then an International Search for Nominations in the future, let us know.
#InjuredWorkersUniting…… WE’LL KEEP BETTER TRACK OF THE GOOD GUYS & GALS IN THE FUTURE, and become some of the Top Contributors to the Nominations Processes.
Like sages of old used to say, ‘FIND THOSE WORKING TO MAKE IT A KINDER, GENTLER NATION AND STRENGTHEN THEIR HANDS’
WE’LL DO MORE LATER. THERE WERE SOME TIME WASTING DISTRACTIONS AND HEATED ALLEGATIONS FOR AN INJURED WORKER TO CONSIDER PARTICIPATION IN AN “INDUSTRY” EVENT SUCH AS #CompLaude nominations and nominees FROM A SMALL GROUP OF ANGRY INJURED WORKERS –CONCERNED ABOUT THE UNCONSTITUTIONALITY OF WORKCOMP AND MORE—WHEN ASKED TO SHARE THEIR STORIES FOR A NEW INJURED WORKER BLOG THAT WAS INTENDED TO BE AVAILABLE FOR THIS EVENT. OH WELL. THEY BLEW IT AGAIN! CARPE DIEM, Y’ALL.
THE SOCIAL MEDIA ATTACKS APPEARED TO BE FROM AGENT PROVACTEURS ATTEMPTING TO DERAIL ALL EFFORTS TO FIND THOSE HELPING –NOT HURTING– and thereby possibly extending lives IN THE WORK COMP USA PROCESSES.
YOU KNOW WHO YOU ARE. SO DO WE. “SMFH. TTFN”
Remember about PIMM patsies. Forget about BS of “establishing trust”. The first thing PIMM destroys is trust and you need to be aware that he tries to entice your weaker colleagues to spy on you. In such environment a weaker personalities often adopts the role of patsy as a self-protection mechanism and might even comply and even try to provoke you to “frank talk” that will be reported to PIMM. The environment PIMM creates is characterized by old Latin quote “Homo homini lupus est” ( Man is a wolf to his fellow-man.) They build up a power base and because they are paranoid, they turn all subordinates into paranoia wrecks: everyone becomes afraid of everyone else and the work culture begins to reflect the personality of the leader. Team soon became resemble a pack of frightened dogs. See more here: http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml
by The You Look Great Project Byler; 6 videos; 894 views; 55 minutes. Parts One through Six. ‘”You Look Great!” Inside a Traumatic Brain Injury’, tells the story of …
GET THE BOOK TOO…
GET THIS BOOK TOO….
In October 2014, I enrolled in the Coastline ABI program. Without TTD benefits and LTD benefits, the way to continue participation in this one-to-two year program remains an unsolved mystery. A “Go-Fund-Me” fundraising event within the Timeshare and TBI world may be necessary if Wyndham and it’s agents continue to shirk legal and moral responsiblities.
SEE ALSO HOW CALIFORNIA IS LEADING THE WAY AT:
COASTLINE COMMUNITY COLLEGE ACQUIRED BRAIN INJURY PROGRAM
Imagine your skill set is some sort of elaborate Lego structure you use daily. Suddenly, something completely unforeseen happens and your structure crumbles. Some pieces have even gone missing. But you need the structure in order to function in your everyday life. So, you start to rebuild… (read more : view the blog archive)
Watch the ABI Program Student Video
What Is the ABI Program?
Coastline’s ABI Program is a demanding one-year educational program designed to provide structured cognitive retraining for adults who have sustained a brain injury due to traumatic (such as a motor vehicle accident or fall) or non-traumatic (such as a non-age-related stroke, brain tumor or infection) injuries.
Each year, according to the Brain Injury Association, more than 700,000 Americans sustain brain damage from traumatic head injuries alone. Most are between the ages of 15 and 30 – young, active, involved individuals, suddenly and unexpectedly disabled.
In many cases, impaired attention and concentration, memory disturbances, language disabilities, and/or loss of reasoning skills prevent these individuals from resuming even minimal pre-accident activities. Awareness of limitations and shattered career and personal goals lead to frustration and depression, further contributing to the individual’s unemployment, isolation and alienation from friends, family and community.
Coastline’s ABI Program has developed a unique curriculum to address these special needs. The ABI Program emphasizes cognitive retraining, socialization, and career development to promote individual responsibility and independence. Students in the program learn strategies to compensate for deficits in:
With a strong focus on emotional adjustment to brain injury and appropriate psycho-social skills, the program teaches students to apply these skills to practical, real-life home and work environments.
Coastline’s ABI Program also offers the following program support services:
Counseling for students and their families
“Future Planning Development” (whether for employment, training, or volunteering).
Classes meet Monday through Thursday, four hours per day. The school year includes two 16-week semesters and a five week summer session.
Classes are held at Coastline’s Newport Beach Center, 1515 Monrovia, Newport Beach, CA 92663.
How a Company Does One Thing, Is How They Do Everything?
And if you are the Offending Defense Firm or any of the questionable WorkComp Providers in this case that have also contributed to the harm and further injury of other #InjuredWorkers, please and thank you, consider some restitution via contributions to COASTLINE ABI FOUNDATION.
If my case ever settles, I will ask the Judge to ensure that the 4 law firms who took on my case [#1-30 days, #2-9 months, #3-90 days, #4-45 days (duration times are approximate)]….clearly without any knowledge of handling a Brain Injury Case, did cause further egregious harm and any with liens should be provided with an equal share of 15% of the NOTHING THEY PRODUCED. Sanctions would be appropriate, but not likely.
The Judge, with Structured Settlement recommendations, will also be asked to designate the actual “15% legal fees’ to be given to the Coastline ABI Foundation, in lump sum or settlement arrangement.
The Judge will also be asked that the insurance carrier, that was awarded approximately $16,000 by the State of California in 2014, EDD department, for REFUSAL TO PAY TTD to injured worker in 2012/2013 DONATES A LIKE OR GREATER AMOUNT FROM CORPORATE PROFITS TO COASTLINE ABI.
Very interesting book keeping practices of all parties. Wyndham remains silent.
Investigations into the practice of using injured worker or State Taxpayer funds to reward insurance companies for breach of fiduciary responsibilities and breach of Labor Codes surely deserves further investigations, even though it appears to be another ‘pattern of practice’ known by all, harming only the injured workers it impacts.
To the Insurance Company Dude who asked, among other things, “…when ARE you going to die?” in a discussion of refusals to provide medically necessary treatment for nearly 3 years, all I can say is, “Not yet, Dude, not just yet.”
Oh goodness! That alleged #WorkComp “long time activists” gang says they are banning me and removing me from their email distributions lists forever, but gosh golly, they keep sending me emails saying they’re really gonnna do it now, and I better look out! D’oh.!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sadly, they either have Langley 401(k) accounts, have just blown a promotion for a failed attack on an injured worker, or are simply casualties of the #WorkComp Opiate Wars on Injured Workers. They couldn’t be working for CNA, could they? Naaaaaah….the timing and stupidity makes it plausible, but deniable.
Their “leaders” do seem to have long time insurance industry connections. Hmmmm. The attacks are text book out of The Rules of Disinformation and The 8 Traits of Disinformationists.
In any event, their mean spirited and non-sensical blastings are….insignificant in the greater scheme of things.
Remember Remember the 6th of December….
See you There!
I also submitted a few nominations; it was brain-racking to think of those who help vs. those who harm…
OPEN LETTER TO WYNDHAM WORLDWIDE AND GRANCELL, STANDER, REUBENS, THOMAS AND KINSEY, AND CNA…aka AMERICAN CASUALTY
I was injured on the job at WorldMark by Wyndham on January 9, 2012. I have been awaiting medically necessary treatment for traumatic brain injury, #TBI, since that time, and it is nearly 3 years later.
Without going in to all the details of the horrors I have endured, I want to publicly ask the leadership of Wyndham, Grancell and CNA to help me get medically necessary treatment and settle this monstrous activity that charades as Workers Compensation.
It is only the attorneys and insurance people and evaluating providers participating in compensation, while my life is being destroyed by failure to treat, and interference when I try to get help on my on. The financial terrorism is another aspect, and the Courts will hear that matter the end of the month, including but not limited to the $20,000 bonus CNA received from the State of California for refusing to pay TTD in 2012/2013.
The failure to treat has been unconscionable, compounded by extreme abuse and terrorism. I have asked for an introduction to Mr. Grancell, and I am hereby asking for an introduction to Thomas Motamed of CNA, and I am asking that the appropriate Wyndham peer to these guys step up to the plate and help me.
I have been accepted into the Coastline Cognitive Rehabilitation Program that starts next week. Ask a lawyer about that program, and how it can help injured workers AND mitigate losses caused by questionable conduct.
I would appreciate the funds to get there, and lodging while I am there. I do believe Newport Beach has ordinances against homelessness; a safe, clean Wyndham property will suffice, such as Avenue of the Arts. The program is 1-2 years. Accommodations are required until settlement.
LET’S MAKE SOME CHANGES IN WORK COMP IN AMERICA, AND LET’S LET THESE 3 COMPANIES LEAD THE WAY, OR BE HELD ACCOUNTABLE IN TRIAL IN THE HIGHEST COURTS OF THE LAND. YOU CHOOSE.
I have extended another request for Chris Asvar, Esq. to handle my case. I will be contacting Neil Pedersen, Esq. as well. We’ll see if they can jump in now. I’m sure you know who they are.