Is there Life After WorkComp if Survival Happens?

“Kudos on the hard work. It’s so empowering to show this specific demographic about what IS possible still.”  – Collen Arneil

Here’s Day 2 of the #PassiveIncomePrepSchool – HOW TO STAND OUT FROM THE COMPETITION

This Week I am participating in the Passive Income Queen’s  free 7-day course – Passive Income Prep School, and I purchased her eCourse creation program months ago.

Colleen is using the new FB video real time chat, a downloadable workbook, and a private FB group…. real “Today” stuff.

The “auto pilot” focus is very important for me, because, well, recovering from a Traumatic Brain Injury can be much like flying an aircraft if the auto-pilot parachuted out at the first conk on the head impact, leaving the controls in a bit of disarray. The online live class is fun, and there’s time for a little socializing after the lecture.

Since in WorkComp ‘vocational rehabilitation’ is apparently non-existent in the USA, attorneys who allege to represent Injured Workers might begin to look into online resources to keep Injured Workers learning while on the regular ‘rest and wait and wait and wait and wait’ for medical care programs.

Injured Workers might be smart to be proactive and accept the gifts that are available from the millennials to learn more about how things are unfolding in the Internet Age. Injured Workers could possibly learn to blog by such efforts.

I thought some of you might enjoy/appreciate the STEPS from Day One and Day Two…. If possible, I’ll post all Seven Days Steps…  Day 2 was a little …. challenge in authenticity!

You can probably still join in, if it’s of interest.  We’re supposed to post in the group by the end of the day, and repeat process for all 7 days.

If not, return to Ask About Workers Comp Gravy Trains list of posts, and read some of the ones you may have missed.

Here we go!




The Passive Income Lounge may be for you if you want more… and if:

>> You’re intrigued at the idea of creating passive income, and you want to know how it works

>> You recognize that being an entrepreneur is as much about MINDSET as it is strategy—one can’t be successful without the other.

>> You have or you’re thinking of starting an online business

Colleen Arneil is another gifted disrupter, “E-Course Creation & Business Growth Strategist”  and “Passive Income Queen”…

SEE FOR YOURSELF:

PASSIVE INCOME QUEEN COLLEN ARNEILL 7 14 2016
Passive Income Queen blog

 

 DAY 1

Linda Ayres looking for The Magic!

‪#‎PassiveIncomePrepSchool‬

Thanks, Colleen Arneil!!! Day 1 steps were simple and powerful!

Step 1 — 10 points – I showed up live at 11 to the Passive Income Lounge; calendar marked to be there tomorrow, too.

Step 2 – 10 points – My eCourse topic is WorkComp Survival and Virtual Combat Skills

The Select Your Topic action was clarifying and confirming/personally validating.

The “Validate My Idea” exercise was real powerful, and had me smiling.

On UDEMY WorkComp had matches, but I did discover two courses

1) Introduction to Workers Compensation Surveillance by a private investigator [ a horrible and harsh reality of the practices of WorkComp in America, Canada, UK and Australia….]

2)VA Fully Developed Disability Claims – ‘incapacitation’ is the military equivalent of WorkComp… and it looks like a soldier developed that 6 section curriculum, with a very left-brain military organizational structure. I may have to study that! 😀

2) Amazon had 2,654 books on WorkComp; it had 6,330 books for Injured Workers (mostly written by attorneys, but a few that touched on Survival, written by other Injured Workers — most were written a few years ago, and some were had introductions by attorneys… none of those were sugar-coated. Most of the books seemed to be ‘industry propaganda’ but I even found one by a former WorkComp commissioner … spilling the beans on the atrocities…and offering some solutions.

That was a totally cool exercise. I also found my log in to your eCourse that I purchased how long ago?

I even posted a couple related thoughts on LinkedIn (they know me in the WorkComp community there; I am one of just a couple of Injured Worker BLOGGERS in the USA… I also want to do an eCourse on BEGINNING TO BLOG….so that Human Rights and Civil Rights activists can better harness the power of social media.

“WE ARE THE MEDIA NOW” is a little slogan/meme I have used for years… it fits. 😀

And below are images of how far I got so far in creating a course… I would welcome feedback on which is more inviting, considering that most Injured Workers in America are being seriously abused by a system that intends only harm, and many feel (and are!) quite dis-empowered.. and hope is a long forgotten emotion for too many.

See you tomorrow! Thank you! xoxoxox

Linda Ayres's photo.
Linda Ayres's photo.
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Linda Ayres

Linda Ayres PS You can’t “ENROLL NOW” …. that’s as far as I got in eCourse creation since March. It’s a beginning! xoxoxo

Colleen Arneil

Colleen Arneil This is great Linda! Kudos on the hard work. It’s so empowering to show this specific demographic about what IS possible still.

Linda Ayres
Linda Ayres Thanks Colleen Arneil – there seem to be 8.9 million American injured workers on Social Security Disability, and another stat is 54 million Injured and Disabled Workers across America.

Canada, Australia, UK all have the very same challenges. Yes, we’re quite a demographic….!! We serve as extreme profit centers for some pretty vile racketeers…. xoxoox

Like · Reply · 1 · 12 hrs
Linda Ayres


DAY 2 – “What Makes you YOU?

#PassiveIncomePrepSchool

Thanks Colleen Arneil I love the structure here, too!

SUMMARY:
1) I am a Writer, Warrior, TBI WorkComp Survivor,
2) I am a Blogger– WorkComp and Nuclear Warnings
3) At times, sometimes surprising to me, I can swear in some of the most un-lady like manners….at some of the most influential people, if they happen to annoy.

Step 1 — 10 points – I showed up at FB live at 11 to the Passive Income Lounge; calendar marked to be there tomorrow, too.


Step 2 – 10 points –  Random nuggets about me… ‘owning who I am, flaunting it and sharing it…’
1. WorkComp is one of the ‘dirty little secrets’ that puts all of us risk. The#YouEconomy may changes that very soon! I slipped on ice at work and conked my head in 2012… and learned the meaning of “TBI – Traumatic Brain Injury.” I am a TBI Survivor and Warrior!
Neurologists all said, ‘EMBRACE THE NEW YOU” and this ‘new me’ was not as fast, smart and perky as the ol’ me. I said to one doctor, “Well, I don’t know who this new chick is, but if I am supposed to embrace her, I think they better plan to rehabilitate me — and train me to become a neuro-scientist!” He was not sure if I was kidding or not, so he invited me to an annual Brain Injury Conference that weekend, but warned me that it was primarily for military and medical professionals. THAT was the beginning of my real grasp of #Concussion.

[If you haven’t seen the movie, Concussion, get the dvd, and watch the back story and the documentary included, also. Dr. Omalu is quite the American Warrior — fought with the NFL — and survived, and changes are a ‘comin…PS If you have a friend or loved one with a #Concussion, try not to say mean stuff like, ‘you like fine, get over it!’ .]

2. I learned to remind attorneys and workers’ comp ‘doctors’ that I’m injured not stupid when I encountered some of their …. shenanigans and improprieties.
Without benefit of competent legal counsel, in less than 5 years, the ‘parties reached resolution, subject to confidentiality agreement.” and it is upon that ROCK I hope to empower other injured workers in America, Canada, UK and Australia, and beyond, how to fight a ‘rigged’ system and get out with your life. Some of my Injured and disabled friends have been fighting for their lives for more than 5, 10, 15, 20 and some even 30 years. It’s a horrible system of abuse and torture, and if one is not permanently and totally disabled going in, the risk is quite high for being so before ever escaping.

One book, co-authored by an Injured Worker and an attorney, (discovered in yesterday’s PassiveIncomePrepSchool assignment had a more polite way to describe the improprieties that most all Injured Workers face. It said something like, “Trust your Mother, but cut the deck anyway.” Something relative to playing cards and protecting one’s self against cheaters.” I BLOG, THEREFORE I AM A WORKCOMP SURVIVOR. BE ONE, TOO.” is one of my memes.
Another is, “Without a blog and a growing database, Injured Workers are Unarmed and Unprotected in the Global War on Workers.”
[LinkedIn influencers have found my …. transparency… simultaneously refreshing, alarming and intimidating…Some have revised their guidebooks based on my input..]

3. THANKS FOR PERMISSION TODAY TO BE TOTALLY AUTHENTIC, AND EVEN SWEAR LIKE A SALTY SAILOR!!!
Speech therapists and clinical psychs say “quit swearing” and that’s as helpful as saying “quit forgetting and stop being so damn confused and disorganized…” Expletives are not uncommon, for years, post brain injury. It is sometimes the least important of the impairments to address….. the brain does regulate Everything. POST-TBI …. my levels of decorum hardly exists! F**k!

Thanks again for all you do to make the world a better place, and make us laugh in the process!

Onward!

See y’all tomorrow!

Linda Ayres's photo.

WorkCompsters Rising? Send in the National Guard to Protect America’s Working Class!

  1. Will The FBI and the District Attorney’s Offices become involved in the Workers Compensation probes and conduct more Corruption Task Force Raids in California? Will it include WorkCompsters Soon?   Palm Springs Corruption Task Force in-progress stories below, too.  Is your city next?   [The Federal Agents at the Palm Springs FBI office are very nice; DA Riverside peeps? Not so much, from an Injured Worker’s perspective

    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 WorkCompCentral ProPublica  NPR and me and my fellow Injured Workers. Expect Us. Join Us.https://lnkd.in/bMvk4n8 #WATMN

    1. Linda Ayres

      ASK AND TELL ABOUT WORK COMP FRAUD, CORRUPTION AND GRAVY TRAINS…..Let’s count all those who have profited by denials of medical care and disability benefits to me ….for nearly 4 years…..let’s see whose job it was to have helped, who got paid for lying and obfuscating, and which agencies failed to investigate and prosecute ‘armed and dangerous enemies of the working class’…..

    2. Linda Ayres

      now

      #MicCheck: Do YOU want outcomes like this for your #WorkPlace Injuries??!! Read and share, thanks. https://lnkd.in/b9Ubefq Also, are YOU blogging yet? Send the link to WorkCompLinda@gmail.com.

      New website building, since, after all, WE ARE THE MEDIA NOW. BE GEEKY!

      https://lnkd.in/bAD7Qce #WATMN

      Look around, you probably know them….you might even be doing business with them….. we’ll start with the naughty list, and see what investigations can be incited. DIR is watching my profile now, so, hooray, let’s expose this s**t once and for all. GOD BLESS AMERICA, AND INVESTIGATE AND INDICT THE ENEMIES, FOREIGN AND DOMESTIC….. there seem to be swaths of them in that industry known as WORKERS COMPENSATION…..that has metastasized to harm every American citizen, in some small or large way. TIME FOR CHANGE. LET’S ROLL because after all is said and done, WE ARE THE MEDIA NOW

    3. Linda Ayres

      See and Share https://askaboutworkerscompgravytrains.com/list-of-posts since summer 2013 after experiencing the sham, scams and drudgery of the WyndhamWorldwide failed “workers compensation program” and total disregard for an injured worker and the laws that exist to protect injured workers from these very things. Many Americans know about the horrors or Workers Compensation, but like the sonderkommando of yesteryear, as long as they feel safe, they look the other way. Some even profit by the horrors, just like yesterday. O SAY CAN YOU SEE #WATMN

      WHITE ROSES AND LINKED IN 5 16 2015

    
    
  2. Teddy Snyder

    How Politics Drives Up the Cost of Your MSA

    How Politics Drives Up the Cost of Your MSA

    Teddy Snyder on LinkedInFor President George W. Bush and Congress to get Medicare Part D drug coverage passed in 2003, they had to make significant concessions to big business…

WC SHELL GAME TIMES HOW MANY INJURED WORKERSLinda’s Comment:

Indeed, “…now would seem to be the time for their lobbyists to twist some arms to modify the noninterference provision for the benefit of all Americans.” on more levels than one! Thanks Teddy! “The increased use and rising cost of pharmaceuticals has torpedoed many a proposed workers compensation buy-out.”….

* * * ” “Damn the torpedoes, full speed ahead!”

The dots all connect, don’t they?

Do all the “Medicare Part D” providers ask the same question before quoting a policy price? When I called AARP a few months ago, apparently for United Health Care, the first question asked me to confirm that I don’t have “renal failure” –I have a brain injury.

I said something like, ‘Ok,, so no, no renal failure, I’m pissed off about Workcompsters and how they are profiting by making so many people permanently disabled and prematurely dead, but thank you, my kidneys are working just fine today, How much is the Part D deal?’…. (It was a “today” purchase, with penalties if I didn’t decide on drugs right away.)

HOWEVER, that caused me to wonder what are the popular drugs peddled by the Big Pharma groups that CAUSE renal failure; I have lost a few friends who were on the ‘drug and kill ’em’ plans…

Check this out…TOP TEN DRUGS THAT CAUSE KIDNEY DAMAGE

xmas naughty or nice

TAX DOLLARS AT WORK?  IS YOUR TOWN NEXT?  NO DETAILS ON THIS YET… SOUNDS LIKE IT COULD BE BIG.  WYNDHAM HAS PLENTY OF PROPERTY IN PALM SPRINGS AND INDIO AND MOST OF SOUTHERN CALIFORNIA, HUH?  PROBABLY UNRELATED…..

# # #

What do you think radiation poisoning does to kidneys and other internal organs?

Whats next Mom

 

“Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there!” – Bob Nichols, VT

WE ARE THE MEDIA NOW… by any and means necessary…

social networking

“Damn the torpedoes, full speed ahead!”

we the people dec

Tired of Fighting #Workcompsters– Will you take it from here for a while?

Honorable Judge Robin Woolsey

Divison of Workers’ Compensation
Workers’s Compensation Appeals Board
RIV – ADJ
3737 Main Street #300
Riverside, CA 92501
Re:  Request for ADA Accommodations and Change of Date of Hearing
Dear Judge Woolsey:
 .
In an attempt to minimize the continuing harm caused to me by many unclean hands in this WorkComp case, I am respectfully submitting ADA Accommodations for the upcoming Status Conference Hearing in your Court, scheduled for my birthday, April 8, 2015 at 8:30 am.
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Will you kindly move the date to a Friday, or a Thursday, to minimize the continuous harm to this injured worker, and will you kindly ensure that the requested ADA accommodations are honored.
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I have never been heard by a Judge regarding my violated rights to immediate, reasonable and appropriate medical care. Date of head injury, 1/9/12.
 .
I have an untreated Brain Injury and I am surviving Workers Comp to the best of my abilities and I believe Congress needs to initiate #Domestic Torture Reports for the conduct of those running WorkComp in America.  By copy, I am asking for help on these complicated matters from Senator Jean Fuller, Deputy District Attorney Jennifer Lentz Snyder, the Employer Fraud Task Force, and the investigative journalists at ProPublica, and the world at large.
 .
“Over the Counter Analgesics” recommended by WorkComp doctors for Traumatic Brain Injury? Defense repeatedly omits approximately 300 pages of medical records with intent and success to deny medical care, without consequences to anybody but injured worker, and to the profit if the defense firm and industry doctors? Another doctor alleges there was no witnessed slip and fall, and if there had been, of course, medical treatment must be provided, but it was probably epilepsy.
 .
Three industry doctors falsely stated the date of injury in their reports as “1/9/1 3“, and used medical evidence of 201 2 to support pre-existing conditions.  When brought to their attention, they simply changed the date of injury reference, and made no changes to false conclusions, all with intent and success in denying medically necessary treatment for over three years.
 .
How is that any good in America?  Super lawyers have told me my case is not unusual, it happens all the time. Upon confirmed diagnosis of brain injury, TTD benefits were terminated in April 2012,  State disability was paid, and when I sought assistance from I & A, Ms. James asked if I was stupid, and why wouldn’t I want the greater income provided by the State.  I showed her the Court order and she said, “well, it says ‘if necessary'” it would be reinstated… I was still TTD, so that was another violation and direct harm from the WCAB.  In May of last year, CNA reimbursed the State of California what they paid, less approximately $18,000.  I appealed that, and that Judge said it wasn’t my money (so I assumed they just gave the $18K to CNA from California taxpayers, and I had to go to the Salvation Army during that charade, to get help to keep my utilities on and find food.  Monsterous.)
 .
They (Defense and my then-counsel) attempted to coerce me to accept a $100,000 settlement, less attorney fees, in November 2012, without the requested evaluations and treatment that first year, less attorney fees, and required resignation from my job, and a promise to not file for social security disability for at least 3 years.   The representing attorney told me, “Work Comp is a very small community, everybody knows everybody.  If you don’t take this, you’ll get nothing.  Nobody will believe you have a brain injury.”  I told him that’s because he didn’t get me to any of the recommended doctors, nor get me any of the recommended treatments, and that I am injured, not stupid.
 .
Defense and I & A Officer reiterate that “it’s a small community, everybody knows everybody”.  What does that sound like to you?  I think the DOJ should find it of interest, don’t you?
 .
Investigative journalists have said, ‘too bad, happens all the time, best you can hope for is SSI and an early death’.  How about the insurance company call in Fall 2014, in response to pleas for help to get medical care after 2.5 years, who asked, “…so tell me, Linda, when ARE you going to die?”   
 .

CNA Brain Injury Treatment Kit

 .
Your honor, I think there should be some investigations and arrests regarding my case, don’t you?
 .
BACKGROUND:
While Valerie James, Riverside I & A officer, not known for compliance with ADA law, advised me on the phone today that requesting a change of date so that I do not miss time from the State run Acquired Brain Injury Program at Coastline Community College “is not an ADA request” I will seek further counsel there.
.
It seems to fall under the category of reasonable requests, particularly since I have to travel over 100 miles to get to the program, pay for a hotel room, and eat meals out in order to obtain help for compensatory strategies to deal with the untreated brain injury of 1/9/12 and consequent second impact trauma of 2/4/12 and a more recent injury, related to the initial injury, of 12/3/14.
.
In order to be present for further Defense file churning and use of Court time, I will have to miss a full day of compensatory strategies by leading brain experts, I will have to repack from a Newport Beach Hotel and find a Riverside hotel, unpack, pack again, show up at Court, listen to Defense continued chicaneries, then drive back to Newport Beach for the final day of the program, on a Thursday.  While to someone without a brain injury, that sounds like “no big deal”….. for someone with cognitive impairments, slow processing, auditory and visual impairments, it is close to a devasting demand.
 .
It took me two years to get in front of a Judge at WCAB to be heard for my right to medical care, denied now more than 3 years, with the help of the Information and Assistance Officer.  At one hearing, when I requested auditory aids, not only did she deny them, she confiscated my cell phone and the recording devices I had brought to make it an easy request.  At the last hearing, in July of 2013, it was an extended continued hearing, and when I arrived, there were none of the accommodations requested.
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In fact, I had to be addressed by the Judge, in a Court room of lawyers, with all my paperwork sitting in my briefcase, behind the Judge’s chair.  I was not allowed access to the papers and I don’t even recall much other than the horrors of such a violation.  The Judge told me that issues of fraud are not addressed in his Court and that if I had such allegations, I was required to verbalize my concerns.
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I HAVE A BRAIN INJURY, WITH SPEECH, VISION AND AUDITORY IMPAIRMENTS.
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I asked then for a postponement so that I could find a government agency to help me address my concerns of felony fraud that permeate my case, and I assured the Judge I had no intention of returning to his Court until such time.  Sadly, I have learned that Fraud is a non-prosecuted pattern and practice in the world of Workers Comp.
 .
I have been denied disability benefits, medical benefits, and I have been harassed, discriminated against, bullied and more since this injury, and much of it has happened with WCAB Riverside knowledge, and in some instances, participation.
 .
Does it make sense to have an Orthopedic Surgeon, who fully admits he has no knowledge of brain injuries, as the designated primary treating physician since 2/15/13, and to have every one of his requests for specialty evaluations and treatments denied denied denied?
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Originally, when he was designated, Ms. Mall of the defense, and Ms. James of your offices, assured me that I could not have a Phsyiatrist or Neurologist of Neuro-psychologist as the treating doctor, but the orthopedic surgeon could as for such.  After months and months of denials, defense firm said the requests were denied since the orthopedic surgeon had no brain injury expertise.  What a “Grand WorkComp Fraud” I have been victimized by.
 .
Now, they want yet another battery of Neuro-psych tests…. although they ignored the results and failed to provide requests for treatment by doctors since 2012 — Dr. DeGoede – Clinical Psychologist referred by EAP, Dr. Eileen Kang – Neuro-psychologist, referred by Dr. DeGoede since CNA had no neurologists or neuro-psychologists to refer to, then a Dr. Marcel Ponton – QME, Neuro-psychologist, Dr. Lynn Lowell, Neuro-Optometrist, Dr.Eric Ikeda, Neuro-Optomestrist, Dr. Michael Lobatz, neurologist, , ScRIPPs Brain Injury Rehabilitation Center and approximatley 34 doctors, all paid for expensive evaluations, while I have been denied medically necessary treatments since date of Injury.  I have spent more than $30,000 out of pocket to survive work comp, and this recent phone call with Ms. James tells me nothing has changed. She is not an impartial Information and Assistance Officer.
 .
While Stewart Reubens, Esq. advised you that “Ms. Ayres has been evaluated by a psychiatric Agreed Medical Evaluation, Dr. O’Brien, an orthopedic QME, Dr. Holmes, and a neurologic QME, Dr. Kent.  Currently Ms. Ayres is treating with Dr. Chalgujian, a neuropsychologist.  She is also treating with Dr. Darren Bergey.”  What he didn’t tell you is that Dr. Darren Bergey is an Orthopedic Surgeon, with no knowledge of Brain Injuries, who requested valiantly medically necessary evaluations and treatments while he was the PTP, February 14, 2013 thorough December 2014.  Over the course, he obtained authorization for an MRI of my right shoulder, and upon diagnosis of a severe tear and injury, he was told to change his records to indicate that the right should was non-industrial.  His MMI for orthopedic supported that lie.
 .
Apparently, the carrier or defense had threatened his office financially, by threatening to terminate referrals if he a) continued to request brain injury treatment and b) did not change the right shoulder to non-industrial.  He cancelled my December 2014 appointment, and said I am MMI – orthopedically, and still 100% TTD from the brain injury.  Mr. Reubens also neglected to mention to you that the O’Brien, and Kent reports were an expensive disorganized mess, due to his collegue, Kim Mall, and her little pattern of practice to omit medical records (hundreds of pages!) with clear intent to deny medical care.
 linda ayres says JOIN ME ON TWITTER
Those three doctors seems to have been working directly for Ms. Mall, and when it was brought to their attention that they had mis-stated the date of injury as 2013, and that they were using 2012 medical records as false evidence to deny medical care, they simply changed the date in their supplemental reports, but NOT the conclusions.
.
That does seem to meet the DIR defintions of felony fraud, but alas, this is WorkComp…. with secret medical records (yes, Ms. Mall attempted to continue to use the Dr Obrien report and asked evaluating doctors to consider but  NOT summarize it.  I’m not a lawyer, but that seems to be a breach of Article… XIV of the California Constitution, and the 14th Amendment of the US Constitution. Alas, it’s work comp….. nobody seems to have jurisdiction over such wrong doings.
 .
Stewart Reubens, in further acts of ADA and EEOC violations, even suggested that I should consider a Conservator, since I am unable to protect myself from the WorkComp chicanery.
 .
I have repeatedly requested electronic communications due to my brain impairments, and Kim Mall and Stewart Reubens have repeatedly abused deadlines by sending things regular mail.
 .
Perseverance and tangential communications are part of the brain injury, and I am working very hard on learning compensatory skills to hopeful build a life again, after these monsters refused to provide medical care for over 3 years, and the first two years, I could not even leave the house except to get to their demanded evaluations.
 .
CONCLUSION:
 .
I would appreciate a change of date for the hearing, and I would also ask you to kindly ask the Defense exactly WHAT TREATMENTS WERE PROVIDED SINCE THE DATE OF INJURY, and were they in compliance with ACOEM guidelines.  
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If you are unable or unwilling to change the hearing date, kindly ensure that my ADA accommodations are honored.   I will bring the nearly 1,500 pages of medical evidence, and CorVel denials that appear to have supplemented CNA hand-washing.
 .
With all due respect, I have been terrorized by this system far too long and I will seek intervention from the Fraud Unit at the District Attorney’s office, and hope that they will sent a witness to accompany me to the Workers Comp offices for the hearing, on whatever date you demand.  This letter will also be a part of my social media records.
 .
I would hope that you would encourage investigation of this case, from top all the way to Sacramento.  It appears to be real dirty.  Perhaps the investigative journalists at ProPublica and NPR could take a look and provide some direction. Several work comp expert bloggers have written about my case, with concerns.
 .
My blog, if you have an interest, is ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS https://askaboutworkerscompgravytrains.com/  …. all the grim details are there….. it’s a crying shame that such things happen in America, in “roughly 80% of work comp cases”.
 .
Thank you for your patience and consideration.
 .
Linda Ayres, REPRESENTING MYSELF
ADJ8181903
PO BOX 835
YUCCA VALLEY CA 92286
f:  760 418 8383
 .
Attachments (2):  Accommodations Requests for Persons with Disabilities  1 of 1 – Change date of hearing; 2 of 2 Reasonable accommodations including quiet room, large table, recording, laptop, support chair and breaks at least every 50 minutes.
 .
Distribution:  I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING DISTRIBUTIONS TOOK PLACE ON 3/23/15, IN YUCCA VALLEY, CALIFORNIA 92286     LINDA AYRES
 .
Senator Jean Fuller  FAX:  16613230446
Jennifer Lentz Snyder – LA DA JSnyder@da.lacounty.gov
Employer Fraud Task Force – fax: 714 637 3350
 .
Nicollette Zumaya – WCAB Disability Accommodations Coordinator fax 951 782 4114
Fred Sachs – CNA Claims Plus  fred.sachs@cna.com
Shane Riedman – CNA Fraud Unit shane.riedman@cna.com
Michael Dougherty -Wyndham Risk Manager  michael.dougherty@wyn.com
Mary Falvey – Wyndham EVP  mary.falvey@wyn.com
Tina.Jordan – Wyndham Regional HR Manager  tina.jordan@wyn.com
Jerrell Stark – Wyndham Regional Recruiter jerrell.stark@wyn.com
WVO Leave Support Center  – wvoleavesupportcenter@wyn.com
Kim Mall – Grancell kmall@grancell-law.com
Stewart Reubens – Grancell  sreubens@grancell-law.com
 .

Life with TBI is so

PS  Anybody else wonder why federally mandated, grant funded DISABILITY RIGHTS CALIFORNIA’s PATBI PROGRAM, Protection & Advocacy for Individuals with Traumatic Brain Injury program EXCLUDES INJURED WORKERS?

www.disabiltyrightsca.org 

CAAA looks the other way.  So far, the offices of the DA have the looked the other way.  DIR and EEOC refer back and forth to one another… My My….. Ain’t it a crying shame.

Is that more of the #GrandWorkCompFraud and Exclusive Remedies deal?

must find accurate news source  media

WE ARE THE MEDIA NOW

#WorkComp Surveys…. Pros or Cons?

QUESTION: What’s up with the WorkComp “surveys”…Looks like “Big Money” is behind them. What do you think?  Maybe it’s a ‘good thing’?

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

 Do your own research; Draw Your Own Conclusions!  Here’s more to get started…

# # #

“Share Your Workers’ Comp Story”

http://www.propublica.org/article/the-demolition-of-workers-compensation

“As part of our ongoing investigation, we invite you to tell us about your experience navigating the workers’ comp system. Have something we should look into?”

Share Your Story

# # #

ONE ANSWER:  “If you mean the reports by ProPublica and OSHA, you’ll have to ask them. I think these are done periodically to see what is going on with workers’ comp.”

“OSHA has federal dollars behind it, and ProPublica probably has to raise funds or has endowments that allow it to operate.”

Light research:

“This story was reported in partnership between NPR News Investigation’s Howard Berkes and Michael Grabell of ProPublica, an investigative journalism organization.”

 # # #

“A few hours after ProPublica and NPR issued the first in a series of reports about workers’ compensation “reforms” sweeping the country, the Occupational Safety and Health Administration coincidentally released a paper linking workplace injuries to income inequality.”

“The OSHA paper and ProPublica/NPR stories come to similar conclusions about how some injured workers have been affected by a decade of changes in workers’ compensation laws, including cutbacks in benefits and more difficulty in getting benefits.”

  # # #

Well, I filled out both surveys, and will keep you posted if anybody gets in touch….or if it’s just a black-hole for collection and round up…

Capture LinkedIn Premium

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#Anonymous Precedes Unanimous!

Here’s some Facebook humor, for what it’s worth:

facebook if not on fb for 2 days call  Anonymous

http://www.dol.gov/osha/report/?utm_content=buffera428a&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer

DOL  THANK YOU NOTE  3 8 2015  1056 AM PDT

Here’s my story…. sad but true…. https://askaboutworkerscompgravytrains.com/list-of-posts.

DATE OF Initial INJURY: 1/9/2012 – Repeated failures to provide medically necessary treatment. Designated primary doctor Orthopedic Surgeon–FOR A HEAD INJURY!

DIAGNOSIS: CLOSED HEAD INJURY, CONCUSSION, TBI, PTSD, ETC.  [see blogs for more details on diagnosis and denied medical care]

Thousands and thousands of dollars spent on reports and evaluations; malicious, callous and willful DEFENSE AND CARRIER disregard of repeated requests for medically necessary treatment. Repeated failures to pay TTD in 2012 and 2013, and in 2014, carrier settled with State for EDD paid disability at a severe discount, leaving injured worker to rely on Salvation Army and continuing attempts for Social Security Disability assistance, while exhausting all personal resources for life-saving treatments and devices…. more than $30K out of pocket spent, and continued refusals to participate in interactive process for possible Return To Work, and employer failures/refusals to demand #ClaimAudit…. File churning, delays, denials seem the norm, Allegations of age, gender, disability, civil rights and ADA violations by extensive network of fraudsters also. Welcome to Nobody Cares….. https://askaboutworkerscompgravytrains.com/list-of-posts/

How can InjuredWorkers Survive #WorkComp in America? It’s time for #DomesticTortureReports

LinkedIn rankings  3 8 2015   12 12 pdt

Are you LinkedIn?  Here are some further thoughts, and do follow the above stories and reports…. be sure to read the comments.  It’s easy to see the industry provocateurs, huh?   More than one attorney and ‘investigative journalist’ who work for the insurance side have told me it’s all my fault I have been denied medically necessary treatments FOR OVER 3 YEARS…..   Well, you know #WorkComp….. that ‘small community’ has their own ‘little rules’ to follow……and they are well-paid for following orders, aren’t they?

Work Comp  Jon and David  March 2015

DOL STORY

RTW  March 2015

Richard Krasner re WorkComp at a Crossroads  March 2015

Demolition of WorkComp  March 2015

WorkComp is NOT an Employee Benefite   HOW TO SURVIVE

aawcgt  march 2015

ITS WE US OR THEM

Watch it again, and tell your friends and neighbors. Defense Against the #Psychopath (Full length) –
www.youtube.com/watch?v=Gd6P1Ue2aGg

twitter  defense against psychopaths
www.youtube.com/watch?v=Gd6P1Ue2aGg

 We are the Media Now, by any and every means necessary.  Blogging, Vlogging, Posting, Tweeting…

#WorkComp is NOT an Employee Benefit….. It’s a killing machine based on the business model of

PROFITS BEFORE LIVES……  Is history repeating itself?  Ask any Injured Worker!

LI  Self Procured Medical Care
http://www.drjaudy.com/patient-testimonials/linda-a-testimonial/

 

MARCH IS BRAIN INJURY AWARENESS MONTH… YEP… EVERYDAY IS BRAIN INJURY AWARENESS FOR A BRAIN INJURY SURVIVOR…

WE ARE THE MEDIA NOW.

Has anybody else been to a doctor who practices ‘functional neurology’? It’s very scientifically based… no guesswork, no drugs.

Blogging and Vlogging are other ways we can tell our stories…. Here’s a video from 2012, after some excellent ‘functional neurology’ treatments in Palm Desert, California. Of course, the defense firm threatened the doctor and told him to stop treating me, and continued to refuse to provide any medical care for the first 2.5 years, finally got some speech therapy, vision therapy, and occupational therapy via work comp for a few days, when months were requested…. For you info…. document your stories….. we’re all fighting for our lives, and those who follow…. Carry on!

Acupuncture has also been extremely helpful since August 2013, along with neuro-vision prism lenses and therapies, no thanks to the insurance carrier.

Currently, I am most grateful for the Coastline Acquired Brain Injury Program in Newport Beach…. an incredible organization with experts in the field of brains and compensatory strategies.

For what it’s worth…. more to follow…

InjuredWorkersUnited SILENT NO MORE
WE ARE THE MEDIA NOW….. CARRY ON!

WE ARE THE MEDIA NOW…. MARCH IS BRAIN INJURY AWARENESS MONTH…..

EVERY DAY IS BRAIN INJURY AWARENESS FOR SURVIVORS!

Every day is a fight for life for anybody stuck in the WorkComp System of PROFITS BEFORE LIVES……while those who know, conveniently look away from the corruption……falsely believing it could never happen to them….

wpid-wp-1416110514793.jpeg

Job Injury? Welcome to #WorkCompHell

Thank you for your invitation to connect on LinkedIn.  

What a surprise!

Linda Ayres  Wyndham LinkedIn   11 8 2014  NUMERO UNO

Please let me know if I have information that can help you make a positive impact on the lives of InjuredWorkers in America and elsewhere.  

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I bring a perspective to the table that few are willing to consider.  

Linked In 12 26 2014
 
I believe my own case is not unlike that of Romano Trust vs. Sedgwick, except that I am still alive to fight the good fight. (In addition to TBI, shoulder surgery was recommended for me, but having read about Romano case, I declined, pending alternatives to surgery.  The defense counsel suggests I’m unable to grasp the complexities of Labor Code, but the following looks pretty simple and easy to understand:
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“Similarly, in United States Cas. Co. v. Industrial Acc. Com. (Moynahan) (1954) 122 Cal.App.2d
427, 435 [19 Cal.Comp.Cases 8], the Court said:
“Section 4600 of the Labor Code places the responsibility for medical expenses upon the employer when he has knowledge of the injury. … [ffl|] The duty imposed upon an employer who has notice of an injury to an employee is not … the passive one of reimbursement but the active one of offering aid in advance and of making whatever investigation is necessary to determine the extent of his obligation and the needs of the employee [emphasis added].”5 “
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Then CNA objected to the shoulder as an approved ‘body part’, and an Orthopedic QME has been in the works for nearly 365 days.  They terminated benefits nearly immediately when they received diagnosis of closed head trauma/traumatic brain injury.  They got away with it, too.  Tsk tsk tsk.  Maybe not in a Federal Court, one day.
linda-ayres-says-join-me-on-twitter and linked in lindaayres311
 
My ‘case’ is “not usual” according to many “Super Lawyers.”  How unfortunate for America’s working class that the majority of attorneys fail it’s #InjuredWorkers.
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Injured Workers have some ideas for the legal peeps, too; we can help you ‘find the money’ that you have been unable to successfully negotiate for yourself.
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That up-to-15% tin cup, divided up with incompetent predecessors, makes helping injured workers economically ridiculous, so I am told.  It  has to change, so you can successfully represent the previously poorly represented, without financial hardship to your firm, or giving away money to attorneys who failed to perform and protect the injured workers that trusted them and retained them.
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Or, injured workers, in pro per, will establish vendor networks and break the monopoly the ABA seems to have on WorkComp legal issues.  Can’t we all just work together, and get along? Compatible goals would include immediate and appropriate medical care, and expedited return to work processes, and cut out all the dubious file churning.  These are lives at stake, not just “cases” and “files.”  BE HUMAN!
Capture LinkedIn Premium
 

I suspect that WyndhamWorldwide may be looking for new #WorkComp insurance carrier and defense firms in the foreseeable future.  

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The CNA handling of my case has been very poor for nearly 3 years.  The legal counsel has been extremely sloppy, imho.  The timeshare industry on the whole is probably nearly as profitable as the insurance industries, so that could be a business opportunity in progress.  
wc doc can you see the problem
 
I would like to see every InjuredWorker provided with a copy of THE ART OF WAR by SunTzu to study during any work related recovery and rehabilitation.  It could minimize casualties.  
SunTzu images
 

It’s been brought to my attention that it is somewhat of an industry standard to terminate benefits upon diagnosis of a “brain injury” or any significant or potentially catastrophic injury.

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My diagnosis was February 2012, repeatedly reiterated by more than 30 medical evaluations that did not result in treatments.
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For some reason, people in WorkComp often confuse an evaluation and recommendation for treatment with actual treatment, even though the costs are often higher for reports. My benefits were terminated in April 2012, what a coincidence. Court orders, intervention by Adult Protective Services, local politicians, and local Crisis Center have free up funds, periodically.  It is what could be considered to be a ‘low grade financial terrorism’ and abuse.
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Nearly $30,000 in personal funds has been spent to stay alive and get treatment. Defense apparently has no intentions to reimburse, not even reimbursement of miles to “primary treating doctors” [a PTP is State designated Orthopedic Surgeon to be seen every 45 days to request medical care with brain specialists that is consistently denied by doctor and lawyers without expertise in TBI.] Fortunately, the Salvation Army intervened so that I would have have heat and lights last year. Oh my.  
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Social Security Disability has been denied twice, as the reviewers do not deem full cognitive abilities are required to sell ‘timeshare’….even if speech is dysfluent, short-term memory severely impaired, compounded by grave disorganization and attention deficits, easily lost to and from home and moreso to and from new places, to name a few cognitive challenges. 
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SSDI because it’s inconvenient for an insurance carrier to act and provide coverage in accordance with policy terms? Does the State Controller know? How about the Taxpayers? Governor? Audit time? 
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Cost shifting from a paid WorkComp Insurance Policy to the State seems…. rather odd, doesn’t it?  California seems to reward non-payment of benefits to injured workers by insurance carriers in thousands of dollars per incident.  Is there sufficient money in State coffers to put injured workers on social services lines? 
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It has taken Court Orders and Judge time to get basic pain relief such as chiropractic and acupuncture, with total disregard to MTUS and ACOEM and common sense guidelines for immediate interdisciplinary treatment. Is that really the best use of Court time???  It took 15 months for physical therapy authorization of 6 sessions.  One “independent”  industry doctor stated that since the injured worker (me) didn’t get brain injury care in the first two years, and being “over 35″….. no treatment would be recommended?  He teaches neurology at UCLA. God help the next generations!

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Is that an EEOC direct hit?  1. Gender 2. Age. 3. Disability.   :/

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At one point, the carrier called from Chicago to ask, among other things, in light of non-treatment for nearly 3 years, “…when ARE you going to die?”   More recently, defense counsel suggested a ‘court appointed conservator’ since there is such non-acceptance to torture delivered via WorkComp systems and procedures.  #DomesticTortureReports-2015 seem necessary and a logical next step.
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Since actual numbers of TBI victims reach well into the many millions, it is easier to see how such a risk management strategy of fast-and-potentially-lethal denials could develop as a cost-savings remedy for carriers.
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What is your experience or policy regarding treatment for brain injuries? Is it more than CNA’s 3-year plan of a few chiropractic, a couple of acupuncture, and a couple of clinical psychology visits, and when pressed, 16 days in the third year to include speech therapy, occupational therapy, and non-specific physical therapy?

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Does return to work ever factor in for closed head trauma, in your experience, or is that age and gender sensitive also?

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Here are two more books that could prove mutually beneficial to the Brain-Injured Populations, and those who purport to serve them.John C Byler  YOU LOOK GREAT
Brain Injury Advocates
 

As a “Finalist” in the #WorkCompLaude 2014 category of InjuredWorker, I have been blessed to meet some of the good people in the WorkComp World, many aghast at my story, or my telling of it.  

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As I often say, “WE DO NOT HAVE THE RIGHT TO REMAIN SILENT!”
Nominations for Comp Laude Categories
Let’s ensure that more nominees are included in all categories are included in the 4th Annual #CompLaude Awards Gala on December 5, 2015!  
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Asking for assistance from NAIDW.org may prove beneficial to all concerned in the Great Good.  
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Let’s also see if we can talk David DePaolo of WorkCompCentral into making it a NATIONAL EVENT….EVEN AN INTERNATIONAL EVENT!  

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Some of us envision State Committees of Correspondents convening and nominating to applaud the applaudable and to indict the indictable.
Remember Remember Fukushima Nuclear Meltdown Workers
Remember Remember Fukushima Nuclear Meltdown Workers

This story about #Nuclear Workers at #Fukushima seems to illustrate the practices of Corporate responses to Work Injuries and Deaths, globally:    

Fukushima workers and death

“No Evidence ‪#‎TEPCO‬ Was Supervising the Work”

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Let’s connect in the new year.  
 
WE ARE THE MEDIA NOW
Sincerely,
 
Linda Ayres
WorkCompLinda@gmail.com
Messages: 760 368 7236
SunTzu He will winretweet
InjuredWorkersUnited SILENT NO MORE

WorkComp RTW Woes?! Just a “Circle Jerk”?! D’oh

*Return To Work! #RTW!  InjuredWorkers are just a profit center to the insurance industry.  No wonder the Defense tries so hard to prevent return to work, with creative failures to provide medical treatment in breach of fiduciary responsibilities and sheer bad faith and nasty evil doings.

 

work comp guidelines

Not only can it be a huge challenge for an Injured American Worker to get immediate, reasonable and appropriate medical treatment, it can be even more challenging to return to work.

Here’s more on the story that started January 9, 2012…. a witnessed slip and fall backwards on ice, in snowy Big Bear, California, at the WorldMark By Wyndham mountain resort sales office.

Outreach to Wyndham  10 7 14

One doctor, in October 2012, in response to a threat from the Defense counsel, alleging his reports had not been received (although they were sent multiple times, with and without proofs of service) changed his mind about work abilities, and requested accommodations.

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None of the treatments he had requested for nearly a year had been authorized, other than 4 sessions with a clinical psychologist to deal with the stress of having a brain injury, with strategies on how to fake-people-out that there is no brain injury, and if only the injured worker would spend $500 out of pocket for a day planner for TBI (Traumatic Brain Injury) survivors, and give 145% effort upon return to work…all would be well and they could close their case.

linda ayres says JOIN ME ON TWITTER

His reports insinuated that his requests resulted in treatments, but no reports on the progress of any such treatments, as they did not happen.  D’oh.  Anyway, his ‘requests for accommodations’ and medical impairments would have been enough to make an HR Manager Cringe, and a Timeshare Sales Manager curse and spit. Return to work denied in 2012.

Linked IN  10 11 14

Throughout 2013 and to-date in 2014, attempts by the primary treating doctor designated by the WorkComp system, an Orthopedic Surgeon (FOR A BRAIN INJURY!!!) were ignored and denied at every turn of the calendar.  By mid-2014, said doctor’s office said, ‘you can see we cannot get you any brain injury care; you’ll have to find your own brain doctor’….. and through relentless dialing and crying and pleading…..a neuro-psychologist with a tremendous background in brain injuries was located, and agreed to treat this injured worker, because she took an Oath to help others, and do no harm.

By way of another miracle, the defense firm authorized this doctor to be the secondary treating doctor, who was successful in getting a little bit of medically necessary treatment authorized.   Six months at SCRIPPS Brain Rehabilitation Program was requested, 16 days were authorized.  At the end of the 16 days, another 2 months were requested; 8 more days were authorized.

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Part of what was paid for by the insurance company was a Work-Hardening, Return To Work Program, with participation in the FEHA required INTERACTIVE PROCESS with the Employer, at the job site, and with the expertise of their professionals to orchestrate the best possible return to work scenarious to set up the injured worker for success in RETURN TO WORK.  #WyndhamWorldwide HR refused to participate in the process, and it’s unclear if they just received bad legal counsel or what.

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Bottom line, THE INTERACTIVE PROCESS WAS THWARTED, AND RETURN TO WORK EFFORTS ABORTED, AND HOPE FOR RETURN TO WORK SHATTERED BY MORE FAILURE TO PROVIDE MEDICALLY NECESSARY TREATMENT FOR RETURN TO WORK.

Defense Attorney seemed thrilled to be (re)advised that the TTD (Temporary Total Disability) order was extended through October 18, 2014.  His response was as if he had never seen the report and continued TTD order.  He must be very busy with his partner/shareholder/office management duties, as he seems most unacquainted with this case, that was dropped on his desk a few months ago.

So, then the defense attorney goes on and on about there’s no medical release for return to work, the file (which he isn’t familiar with at all) ‘indicates your impairments are minor’ and there will be no medical treatment to aid and assist getting a medical release for return to work, there would be another Orthopedic Evaluation Order, and another request for another Neuro-Psychologist evaluation from “independent” insurance company owned/leased evaluators, in order to determine whether MMI – Maximum Medical Improvement has been attained.

QUESTION:  IS A MILD BRAIN INJURY LIKE BEING JUDGED ‘MILDLY QUADRAPALEGIC’ as asked by Super Lawyer, Chris Asvar in a famous work comp brain injury settlement case in California of 2012, that went differently that the Romano Trust vs. Sedgwick matter that cost the life of an injured worker with a rotator cuff tear.  D’oh.  In all cases, many doctors and lawyers make the big bucks, huh?

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(Without medical treatment, yep, f—–ked up is as good as it gets, Dude, thanks.  Life span cut by 7-10 years, which is about by half at this stage.  The line of defense brings to mind the question:  WHAT IS THE DEFINITION OF A ‘CIRCLE JERK’?)

LINKED IN  SETTLEMENTS

~~~~~~~~~~~~~~~~  WILL LA TIMES INVESTIGATIVE REPORTER, JACK DOLAN, DO A STORY?  WE CAN HOPE….  If YOU want corporate media to do a little research, maybe send Jack an email Jack.Dolan@LATimes.com and ask him to pretty please check this story out….it sounds too outrageous to be made up…. or find him on Twitter or LinkedIn…. 

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Hi Guys….This may be a step in the right direction since I heard from neither of you regarding the Coastline Cognitive Rehabilitation request for authorization and lodging requirements.
If I don’t start Coastline or return to work in a salaried job with minimal accommodations on October 20th…we will carry on by any and every means available and necessary.
Let’s get me medical treatment and return to work stat. You have already successfully shortened my life span by 7-10 years. …so let’s stop the insanity now.
Let’s pow wow Monday.
Cheers,
Linda Ayres, In Pro Per
 eagle outraged
Sent on a Sprint Samsung Galaxy Note® 3
(Best smart phone on the market for a TBI Survivor….find out why!)
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—–Original Message—–
From: CNA Help <cna.help@cna.com>
To: reolinda <reolinda@aol.com>
Sent: Sat, Oct 11, 2014 11:16 am
Subject: Re: Linda Ayres WWID415287 ACCOMMODATIONS AND RETURN TO WORK PROPOSAL FOR IMMEDIATE RESOLUTION CNA E3269102 Quality Assurance Representative [#1699004]
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Dear Linda Ayres
Thank you for your inquiry. It has been routed to the appropriate team and you will receive a response within the next two business days. If you require a quicker response please call us at 800-262-4357 for assistance.CNA Agency Help Desk
1-800-CNA-HELP (1-800-262-4357)
http://www.cna.com.
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[Sent to CNA Help since fraud@cna.com suggested unhappiness complaints be directed directly to the Department of Insurance, District Attorney and State Bar—-all of whom have been advised of the unhappiness complaints since late 2012, to no avail.  It was nice of Chicago to call and advise that the complaints had been mis-directed to their CNA Fraud Department.  Perhaps CNA Help will forward this to Mr. Motamed again…. last time, they were able to replace the adjuster; maybe now they can replace the law firm, in the best interests of Wyndham, Wyndham injured workers, and CNA itself.]
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—– Linda Ayres Wrote —–

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Dear Tina Jordan and Melisa Paramo and WVO Leave Support Department and CNA Central Help:
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I was so excited to see this position opening today.  It looks like a total trouble-shooter position, for which I am well armed.  If an additional responsibility could be added to include “Site Injured Worker Advocate/Liaison” all the better!    
 
Quality Assurance Representative
I would like to be considered for this position as part of the accommodations process, with an immediate start date.  Please let me know when we can meet to discuss this position.  I will ask my doctors to release me with minimal accommodations as soon as possible in order to attempt a 45-day trial return to work.  I think I could be a valuable asset in this position, and it will draw on all of my strengths, while providing a stable income and good medical benefits.
 
If you can provide me with an offer for this position, I can take it to Dr. Bergey on my appointment this coming Friday and I am sending a copy to Dr. Hilda herewith.  I think the attached will serve as a job description, but if you have one more doctor-oriented, please provide that as well.  I will, of course, need continued treatments, but I would imagine appointments can be scheduled on off days, since I would further imagine this position includes Saturday’s and Sundays.   I’m excited!!!    
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I have reached out to many global Wyndham employees telling my plight via Social Media; I will look forward to providing an update with some happier outcomes.  
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I didn’t hear back from Fred or Stewart regarding Coastline, and corporate housing in Newport Beach.  More neuro-psych testing was performed Thursday/Friday at the Coastline Cognitive Rehabilitation program, and results will be forthcoming, along with a hopeful approval to their program.  Without the return of the $27,000+ in reimbursements, and with the $20K that CNA sucked up in a bonus for refusing to pay TTD benefits in 2012/13, and being at risk of termination and a fight with LTD insurance provider while seeking reinstatement of benefits, I have no choice but to return to work.  I look forward to seeing you all.  In connecting on social media, it was a joy and delight to see that happy faces of so many uninjured Wyndham employees…..’having fun and making bundles of money, making a difference in people’s lives…’   
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An agreement to allow me to return to work to this position, on a 45-day trial, may give Dr. Bergey, Orthopedic Surgeon who was designated as the primary treating doctor for my brain injuries by the WorkComp people, and recently designated secondary treating doctor, Dr. Hilda Chalgujian, neuro-psychologist, something substantial to approve, eliminating all the unknown variables, particularly since malicious failures to treat and bullying continue.
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While Stewart Reubens, Grancell-NOvato Attorney/Partner/Shareholder is not a doctor, he alleges my injuries are minimal, in stark contrast to more than 35 other doctors, and several brain injury experts.  Mr. Reubens has indicated that the adjuster, Fred Sachs, in his suggestion that I draft a “Proposal for Settlement” was participating in more insurance industry trickery.  I have not heard back from Fred to confirm or deny the insinuation of Stewart, and I am hopeful it was just another error in judgement and bullying by Grancell’s attorney.  Be that what it is, it is clear that the continued denial of medical treatment will continue until they kill me, so please, let me return to work in a solid position such as this one, starting out at Indio, and transferring to Palm Springs as soon as that store opens.
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If CNA, Grancell and their 3 “independent doctors” and the Corvel team of obstructionists who all disagree with the extent of my injuries as clearly documented by approximately 35 other doctors, and several brain injury experts this year, then, by review of my experience and time with Wyndham since 2005, in multiple sales locations, I am a natural for this position.  I understand the starting pay is close to $50,000 annually plus bonuses and immediate benefits, and since I would not have to relocate, I can accept that.
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I will then have access to medical treatment through the employee benefits again, and get the necessary medical help that has been denied all along.  This would also mean I would not have to relocate, and it’s clear than neither CNA nor Grancell will help me get into the Coastline Cognitive Retraining Program, as they failed to respond on a timely basis to the Request for Authorization from Dr. Hilda Chalgujian of last week.
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Please let me know when we can meet to explore this immediate opportunity, to be further considered with the list of FEHA oriented accommodations.  If we can meet early next week, next Friday I could plead with Dr. Bergey and Dr. Chalgujian to release me to this job, on a 45-day trial basis.  Then we will allll know what I can do, and if I can do it, great….. win win win.   We can then all let the attorneys and the attorney general duke out the rest.
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Please let me know what other information you may need from both doctors, and please confirm that there is no intention to provide medically necessary treatment, and that you understand my return to work is under duress and with intent to survive the horrors of the Wyndham work comp total system failure for this injured worker.  I look forward to being a contributing member of the teams again, by any means necessary.
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I look forward to hearing from you shortly to schedule a meeting at Indio for this position.  Thank you.   If I could start October 20, 2014, that would be great.   Makes sense?  Yaaaaay!  See you soon!
Sincerely,
Linda Ayres, In Pro Per
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General CNA Central Help?
The CNA Help Desk is available to answer all of your questions or help with your problems. Call 1-800-CNA-HELP or email cna.help@cna.com
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Job Description 

Quality Assurance Representative – Indio/Palm Springs, CA  1412942

Description

 

This position is responsible for supporting the sales effort by assisting in generating revenue and increasing the retention of sales while staying in compliance with all Company Policies, Business Rules and Government Requirements, and in a manner which results in satisfied owners. Position is also responsible for the oversight of accurate completion of all required sales documents ensuring compliance with all Company Policies and Government Requirements. And last, position upholds outstanding customer service levels and supports the sales effort to the fullest while staying in compliance.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
This is not inclusive of all duties, just the essential functions of the position. Other duties may be assigned.
  • Strategize with the Site Leader to identify and implement methods that increase retention rates.
  • Responsible for overseeing the accurate completion of all required contractual documents,  Owner documents and/or Governmental Agency requirements.
  • Increase retention by overseeing and personally following up on outstanding contracts
  • Ensure compliance with Company Policies and Governmental Agency requirements.
  • Oversee that sales staff ensures Owner understanding of Company and Government required documents. Assist the  Owner in understanding the Policies and Procedures of WorldMark.
  • Provide Owners with the highest level of customer service possible. Be a point of contact for Owners that have not transmitted into the system and assist them promptly and thoroughly with any questions, concerns and/or reservation requests..
  • Assist the Site Leader in training staff to assure understanding and adherence to Business rules and Sales Compliance Policies.
  • Advise the Site Leader of incorrect or inappropriate information being presented to the owners and/or new Owners. Assist Site Leader in the training and correction of these issues.
  • Responsible for working with Site Leader to ensure that all Sales misrepresentation issues are answered and resolved with Consumer Affairs in a timely manner.
  • Work with Contract Processing, Consumer Finance and Owner Services to resolve all Owner contract issues such as: incomplete Owner information/paperwork, Suspense Logs, and/or Legal or contractual disputes. Process all rescissions in a timely manner consistent with Company Policy.
  • Function as the site contact for all Corporate and Regional communication coming into the site.
  • Actively participate in daily Sales Meetings and attend Sales Training/Functions.
  • Audit Sales reporting for accuracy and keep Site Leader appraised of current status in a timely fashion.
  • Function as the main point of contact with the Sales Staff with Payroll issues.
  • Work with the Office Administrator to audit Commissions and resolve issues before Payroll deadlines.
  • Research any Compensation issues in CSS to the best of your ability.
  • Work with Office Administrator to communicate any issues that need correction to Regional Payroll Supervisor.
  • Assist Company/Region/Project Director in hitting Sales goals by:
  • Working the site pending portfolio to complete down payments ahead of schedule.
  • Work on getting replacement funds for down payment defaults.
  • Retrieve necessary information/documents/signatures to transmit contracts that are in suspense.
  • Function as the site contact for all customer service training, and as needed, other training.
  • Represent the Company in a highly professional manner at all times.
  • Responsible for supervising Upgrade Quality Assurance Representatives. This includes training, evaluating and monitoring employee performance. Responsible for training other Sales Staff to complete contractual paperwork as needed.
Qualifications

 

EDUCATION AND/OR EXPERIENCE:
Minimum requirements necessary for this position:
  • Must possess a California Real Estate License
  • Wyndham Vacation Ownership Sales , Quality Assurance, or Sales Administration experience, or minimum 2 years experience as a Quality Assurance Representative for another timeshare company.
SKILLS AND ABILITIES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or abilities necessary to perform these duties successfully. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the position.
  • Possesses strong business acumen and business sense.
  • Demonstrates flexibility and adaptability. Handles day-to-day challenges confidently and willing to adjust to multiple demands, shifting priorities, ambiguity and rapid change.
  • Detail-oriented.
  • Ability to manage multiple tasks with the appropriate sense of urgency.
  • Hands-on positive work ethic. Leads for results and success, persists despite obstacles and opposition. Committed to organizational goals.
  • Fosters open communication. Provides timely, high-quality information up and down the Organization.
  • Keen ability to interact with clients at all levels of the Organization.
  • Excellent presentation, oral, written and interpersonal skills needed.
  • Energetic, results-oriented professional
  • Must have effective manager-level communication skills.
LICENCES, CERTIFICATES AND REGISTRATIONS:
Maintain appropriate State License/Certificate based on State Requirements.
OTHER REQUIREMENTS:
Possess working knowledge of CSS, IRIS, Salepoint, Microsoft Outlook, Word and Excel.
Job Sales
Primary Location United States of America- California-Indio
Employee Status Regular
Schedule Full-time
Organization Worldmark by Wyndham
Posting Date Oct 8, 2014

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For more on Timeshare and RTW, also see:

https://askaboutworkerscompgravytrains.com/2014/07/02/ps-i-have-a-confession-by-a-timeshare-sales-executive-tbi-survivor/

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By the way, the termination of TTD Benefits again in July 2014, along with the $20k bonus CNA received from the State of California for REFUSING to pay TTD in 2012/2013, combined with continued failure to provide medically treatments, combined further with refusal to participate in interactive process and help with RTW matters appears to require another call to ADULT PROTECTIVE SERVICES for on-going abuse and financial domestic terrorism, along with more unhappiness complaints to DOJ, DOL, DA, CAAA, AG, EEOC, ADA, WTF ETC

We are the Media Now.

 

 

By Any Means Necessary… #WorkComp RTW

OPEN LETTER TO WYNDHAM WORLDWIDE, RETURN TO WORK REQUEST with Accommodations

THE WORLD’S LARGEST VACATION OWNERSHIP COMPANY, C/O THEIR WORK COMP DEFENSE FIRM:

Stewart Reubens

SReubens@grancell-law.com

Managing Shareholder, Novato

State Bar of California Board of Legal Specialization

Grancell, Stander, Reubens, Thomas and Kinsey

A Professional Corporation

7250 Redwood Blvd. Suite 370

Novato, California 94945

415-892-7676 – Phone / (415) 892-7436- Fax

www.grancell-law.com

 

Re:   Linda Ayres vs WyndhamWorldwide et al    

TIME IS OF THE ESSENCE ADJ8181903, CNA #E3269102, CORVEL #44582781-UMO-12 + 

1.  Return To Work – Request for Meeting with WyndhamWorldwide Human Resources, in accordance with WC and Labor Law to expedite RTW, Return to Work

2.  Additional Medical Treatment and Medical Miles Requests for Reimbursement and continued demand for immediate reimbursements – $1,712.58 Total Now Due: $25,262.99

PLUS MAXIMUM PENALTIES PROVIDED BY LAW  

ps: You might check with the adjuster to see just what medical treatments for diagnosed injuries were authorized and if chiropractic and physical therapy are ….. sufficient for TRAUMATIC BRAIN INJURY! 

No legit doctors would agree…. Just sayin…

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Dear Mr. Reubens:

I think your email asked me to summarize my long emails??!!!  OMG!!! What part of #TBI injury still escapes you???!!!  Pictures enclosed at the end to help you grasp it.

The easiest thing for you might be to ask your staff WHAT MEDICAL TREATMENT HAS BEEN PROVIDED TO THIS INJURED WORKER FOR DIAGNOSED INJURIES SINCE DATE OF INJURY, 1/9/12.  THE ANSWER TO THAT SAYS IT ALL FOR ANY THINKING HUMAN BEINGS.  The response is meaningless to those of psychopathic propensities, EVIDENCED BY 2 YEARS 6 MONTHS OF FAILURE TO AUTHORIZE MEDICALLY NECESSARY TREATMENTS BY YOUR CLIENTS AND YOUR FIRM.

It’s a miracle I am as coherent as I am, at times!!!  Read any of the neuro-psych reports for a full list of cognitive impairments that your clients have maliciously and willfully and harmfully refused to provide medically necessary treatments for.  

DON’T BOTHER ME ANY MORE, PLEASE, WITH YOUR LEGAL MUMBO-JUMBO. TRICKERY AND CHICANERY.  HELP ME GET BACK TO WORK.  Your last email causes me to think of Sonderkommandos, and that makes me want to spit!

My previous communication had three simple points: (1) PLEASE PROVIDE MEDICALLY NECESSARY TREATMENTS FOR #TBI AND ORTHOPEDIC INJURIES AND (2) REIMBURSE EXPENSES FOR MEDICALLY NECESSARY TREATMENTS BOTH AUTHORIZED AND SELF-PROCURED IN COMPLIANCE WITH CALIFORNIA LABOR CODES BECAUSE YOUR CLIENTS HAVE REFUSED AND CONTINUE TO REFUSE TO PROVIDE MEDICALLY NECESSARY TREATMENTS IMMEDIATE AND SINCE DATE OF INJURY, JANUARY 9, 2012.  I provided you with very simple summaries.

(3) As a point of information, I have not received a legitimate medical index of records to be provided to yet another Orthopedic doctor for yet another Orthopedic evaluation for your clients to ignore and cause further harm to me in so doing.   TAKE IT TO THE JUDGE.  I’LL SEE YOU THERE.  MAYBE ’60 MINUTES’ CAN JOIN US.  It could possibly provide Wyndham with additional media coverage.

While I do the best I can to represent myself in-pro-per, I am not an attorney, CAAA attorneys have advised there is too much fraud in my case for them to touch, and the Info & Assistance Officers you mentioned I should contact for help have been complicit in the results of failure to provide medical treatment, and other ADA abuses. I have cited the various laws REPEATEDLY for 2 years, 6 months, to no avail.  Check the boxes of records you have for clarification. 

Offices of Workers Comp in California have also failed to provide any legitimate assistance to this injured worker, fully aware of the improprieties of your clients and your firm. 

I am not equipped to personally fight Organized Crime Syndicates.  That’s a job for the Department of Justice.

Since it is evident by your recent communication that the bad faith efforts of your firm and it’s clients will do nothing but escalate, I have no further choices if I am to save my life from the horrors of the system and criminals you allege to represent.  It is my understanding that a doctor’s release and a face-to-face meeting with a Wyndham Human Resources Manager is the next step toward RTW, Return to Work. 

Since you requested that I have no direct contact with my employer, kindly organize that RTW meeting as soon as possible.  So as not to relinquish any legal rights, a courtesy copy is being sent to WyndhamLeaveSupport electronically at wvoleavesupportcenter@wyn.com  for any appropriate actions necessary to assist you in scheduling the necessary meetings.

Public notices indicate the WyndhamWorldwide – Indio Resort is ‘hiring’ and will be starting a new training class soon.  

I would like to aim to be in the next class, probably starting in August 2014, despite medical opinions that I am not ‘ready’ to return to work, due to lack of appropriate medical treatment since the injuries.  I have no choice but to TRY TO RETURN TO WORK, AND MAKE THE BEST OF IT, AND GET INSURANCE SO I CAN GET MEDICAL CARE FOR THE UNTREATED INJURIES AND COMPLICATIONS THEREOF.

That could be an advantage to your client, as well-trained “newbies” tend to be revenue generators.  The advantage to me is that I can have an opportunity to return to work, and see if I can do it.  I will give it my all, as I refuse to die for the greed and avarice of your people, and I refuse to join the defenseless and the homeless, without resources.

 

Due to my brain injuries, and the totally ‘new personality” and diminished cognitive skills, caused by those injuries, I will have to learn the industry ‘new’, like a new employee.  An ‘in-house’ presentation to owners is 45 minutes vs. ‘front line’ presentations of 90 minutes. 

My experience is with both types of guests, but due to the injuries, for starters, “in-house” seems best.  One doctor, in 2012, told me to never admit I have a brain injury.  When I asked “when will I know I am ready to return to work?” he counseled that “You’ll know you’re ready to return to work when you are back at work.” 

He further indicated that “IF you give 145% effort, nobody at work will know you have a brain injury.  Never tell anyone you have a brain injury, as it carries a stigma.”  From a physics perspective, it’s impossible to give 145% effort, but his knowledge of TBI was also sadly limited.

 

One doctor’s office staff said, “I didn’t know you before, but I bet you are a whole lot more fun than you ever were before.”   That may be so, UNLESS MY LIFE IS BEING THREATENED FOR THE PROFIT OF THE FEW.

 

In the far-fetched event that the most recent Corvel Corporation- UR Denials for medically necessary treatment APPEAL is finally authorized (1,000 days later! Tsk!) the return to work request still stands, but the request would be not for RTW at Indio, but for an Oceanside or San Diego property. 

DENIED NECESSARY MEDICAL CARE SINCE DATE OF INJURY TO LINDA AYRES  #ADJ8181903

 From and including: Monday, January 9, 2012
To, but not including Wednesday, July 9, 2014             Result: 912 days

It is 912 days from the start date to the end date, but not including the end date

Or 2 years, 6 months excluding the end date

Alternative time units

912 days can be converted to one of these units:

  • 78,796,800 seconds

  • 1,313,280 minutes

  • 21,888 hours

  • 912 days

  • 130 weeks (rounded down)

 

Such accommodations would include, but not be limited to, a temporary relocation package or lodging accommodations in/around Oceanside during treatment at the SCRIPPS brain injury rehabilitation treatment center for the recommended approximately 3 days a week for 3 months, subject to further evaluations of progress.  

.

One of your vendors, CNS, has a brain injury rehab facility in Encino, Bakersfield and someplace in Northern California.  Their program seems nearly equivalent to SCRIPPS, and would be another option, as indicated on the RFA, Request for Authorizations.

 .

Full ADA accommodation requests will be provided by treating doctors, Dr. Hilda Chalgujian, NeuroPsychologist and Dr. Darren Bergey, Orthopedic Surgeon, and by this employee, upon receipt of the necessary forms.

 .

In light of the continued bad faith actions and fraudulent denials of medical care, and in consideration of the urgent but denied medical treatments recommended by multiple doctors, most recently by Dr. Hilda Chalgujian, NeuroPsychologist, and Dr. Michael Lobatz, Neurologist and Psychiatrist, I am asking my designated doctors (PTP, Dr. Darren Bergey, Orthopedic Surgeon and Secondary Treating Specialist, Dr. Hilda Chalgujian) to provide a trial release to work immediately, with medically necessary accommodations.   I met with Dr. Hilda this week and I am scheduled to meet with Dr. Bergey the end of July; I was unable to get an earlier appointment.

 

While you suggested that the Affordable Care Act would be a possibility for me to obtain medical care that your clients have maliciously and unlawfully failed to provide since date of injury, alas, my application for ‘Covered California’ has been ‘pending since March 2014.

 .

It is my understanding that a return to work will provide me with full medical insurance benefits after 30 days, or sooner,  and I will pursue medical treatments from that perspective.  Dr. Hilda’s April 2014 report was very clear in her recommendations that there was a 6 month window in which to maximize any improvements with my cognitive impairments. 

 .

The position of vacation ownership sales executive is commission plus bonuses, with W-2 salary against draw, so I will need reimbursement of all unpaid medical expenses forthwith, prior to return to work. 

 .

TIME IS OF THE ESSENCE FOR MEDICAL TREATMENTS AND REIMBURSEMENTS.

The failure of your clients to have provided immediately medically necessary treatments has kept me off work nearly 1,000 days.  While your contention is that my injuries are minimal, and your 3 doctors and supporting Corvel non-TBI expert doctors– have suggested that my symptoms are merely ‘headaches’…. we know you are not a doctor.

.

We know that the ‘3 dubious doctors’ derive the majority of their income from insurance industry referrals and are not competent in diagnosis nor treatment of Traumatic Brain Injuries, as evidenced by their false reports.  We also know you have not reviewed all medical evidence, and your assumptions are based on false evidence appearing real.

2. Attached is additional reimbursement requests, in accordance with California Labor Codes, in the amount of $1,712.58 bringing the past due amounts, unpaid by your clients since 2012, for a grand total due now, plus penalties, in the amount of $25,262.99  

 

.

Please do check with your staff and clients on what medical treatments they believe were authorized for the diagnosed injuries and if chiropractic and acupuncture and a few sessions with a clinical psychologist in 2012, and a few with a neuro-psychologist in 2013 are deemed sufficient and compliant with legitimate medical practices in civilized society. 

.

Upon return to work, I hope and expect to get legitimate medical treatment and support to the Department of Justice in pursuing the mis-handling of my WorkComp Injuries by your firm and your clients.  If I fail, due to cognitive impairments, as a sales executive, perhaps Wyndham will accommodate by creating a new position so that other Wyndham Workers will never have to be subjected to the horrors I have experienced at the hands of their defense counsel and insurance carrier.  

 .

Please direct your clients to comply with the law and immediately remit said funds, requested repeatedly.  Complaints with the WorkComp Audit Unit will be updated against your clients for their handling.

Please let me know if you need any further information in order to expedite these requests.

Thank you for your prompt attention and courtesy to these matters.

Sincerely,

Linda Ayres, In Pro Per

Injured American Worker; TBI Survivor

Injured Worker Denied Medically Necessary Treatments for Work Injuries since 1/9/12 by employer, WyndhamWorldwide and it’s insurance carrier, CNA Claims Plus aka American Casualty, and it’s defense firm, GRANCELL STANDER REUBENS THOMAS AND KINSEY – El Segundo, Corona and Novato, California

 

Linda Ayres 2011

 

(PRE-TBI Photo)

cc:  MY FELLOW AMERICANS…….> ASK ABOUT INJURED WORKERS NOW

cc:  My Friends Around the Globe — ‘For What It’s Worth’ …..

CC TY Note:  List of Posts – ASK ABOUT WORKERS COMP GRAVY TRAINS 

https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

Have YOU read them ALL yet? Did you FOLLOW? Did you SHARE? Do you have a Workers Comp / TBI story to share? Do you have a Guest Blogger… List of Posts – ASK ABOUT WORKERS COMP GRAVY TRAINS  https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

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brain concussion tbi

“EVERY DAY IN EVERY WAY, I AM

GETTING BETTER AND BETTER!”
PROOF OF SERVICE

 

RE:   LINDA AYRES V. WYNDHAM WORLDWIDE ET AL

WCAB CASE NO. ADJ8181903  CNA E3269102WE

STATE OF CALIFORNIA

 

“WE ARE THE MEDIA NOW.”