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:
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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.
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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.
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“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.
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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.
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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.)
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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.
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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?
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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?”   
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CNA Brain Injury Treatment Kit

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Your honor, I think there should be some investigations and arrests regarding my case, don’t you?
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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CONCLUSION:
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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.
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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.
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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.
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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”.
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Thank you for your patience and consideration.
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Linda Ayres, REPRESENTING MYSELF
ADJ8181903
PO BOX 835
YUCCA VALLEY CA 92286
f:  760 418 8383
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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.
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Distribution:  I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING DISTRIBUTIONS TOOK PLACE ON 3/23/15, IN YUCCA VALLEY, CALIFORNIA 92286     LINDA AYRES
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Senator Jean Fuller  FAX:  16613230446
Jennifer Lentz Snyder – LA DA JSnyder@da.lacounty.gov
Employer Fraud Task Force – fax: 714 637 3350
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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
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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

What can we tell Injured Workers and their loved ones about YOUR #WorkComp organization?

Hi Friends in the Work Comp Industry!   Greetings from #InjuredWorkersUnited: SILENT NO MORE

I am so grateful to have met you, and many other wonderful people met through the CAAA Applicant’s Attorney Association Conference, Winter 2014, in Rancho Mirage!  With thanks to my FB Buddy and Honorable Judge who facilitated access to the Exhibit Hall at the event!  I look forward to connecting with more of you, virtually!

I did speak to the organizing attorney of that event (must find his name again, disorganization is just one of the many side-effects of TBI) and I suggested that they open up the Exhibit halls to Injured Workers, and offer an injured worker discounted fee for their educational forums.  If all WorkComp industry events would open doors to injured workers, virtual and non-virtual, great progress could be made in “cutting costs and saving lives.”  

INJURED WORKERS ARE NOT THE PROBLEM; WE ARE THE CASUALTIES OF THE PROBLEMS; the collateral damage to insane profits of your mega-billion dollar industries.  

WorkComp is much like the Nuclear Industry: PROFITS BEFORE LIVES.

I met some amazing people!  I had begun to believe that WorkComp was just a rat infested sewer of Americans acting like Sonderkommando of WorldWar II. I am happy to be able to report, that opinion is changing….with each new positive encounter, further facilitated via social media. 

FOLLOW THIS BLOG; MORE TO COME…..COUNT ON IT!  (Thanks!)

1399166808228

 

 

I start SCRIPPS BRAIN INJURY REHABILITATION PROGRAM next week and I guess I could have had a driver and sedan for transportation, but I’ll rough it. 🙂

social networking

Here’s a note I started for another friend, but I’m turning it into a blog this morning…. via Social Media, I am meeting more and more good providers of WorkComp information and services.
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This  blog has a Resources page; we will amp it up!  This is a new beginning (with several other drafts still in the works).  The title of today’s blog is:

 

What can we tell Injured Workers and their loved ones about YOUR organization?

 

At the same time, my benefits (income) have been abruptly allegedly “EXHAUSTED” as of  7/26/14 (I was told the reinstatement would last through mid-September, minimally).  Date of Injury 1/9/12.  Exhaustion of benefits: 7/26/14.  
That appears to be a shortfall of 24 weeks, or $23,088.  
Combined with the unreimbursed since 2012 medical miles and expenses of $25,262.99 submitted to date; June-July are still to be submitted.  
That’s $48,350.99 they got away with not paying, on top of causing me egregious harm by failure to provide medically necessary treatment for 2 years, 6 months, 24 days.
white roses

 

The  Wyndham long term disability carrier staff of Reliance/Matrix are COMPETENT, nice, kind, compassionate, friendly, even if they deliver less than anticipated news.  I don’t know exactly what the problem is with CNA and Grancell, but it ain’t me, no matter how many doctors they may pay to write expensive fake reports!

 

 Exhaustion of Benefits  104 plus 52 equals how much

 

The problem is simple:  In CA, an injured worker is entitled to 104 weeks of TTD, 52 weeks of State Disability.  (156 weeks).  I have been paid approximately 132 weeks.  The math DOES NOT COMPUTE, HUH?   “Where’s the money, Mr. Motamed? Looks like a shortfall of 24 weeks, AND, continued refusal to reimburse medical miles to even primary treating doctors, and self-procured medically necessary treatment in light of your company’s breach of fiduciary responsiblities to have provided immediate, reasonable and appropriate medical care for clearly diagnosed, by multiple doctors over the course.

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Many of your people do not know that the “brain” is a body part located in the “head” and they are further puzzled, baffled and bewildered to discover that “evaluations are not medical treatment.”  The same problem exist at WCAB, particularly in the Information and Assistance realms, that “very small community, where everybody knows everybody, and has worked together for years.”  Collusion?  Awww, fix it and the District Attorney may continue to look the other way, huh?

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CNA secured a free loan from the State of California (in defiance of paying TTD in 2012, the State therefore paid $47,922 in 2012/2013), then, on demand for payment, CNA secured a huge discount and paid the State back $31,400, shorting ME approximately 24 weeks of benefits, while STILL WAITING FOR TREATMENT TO COMMENCE.  The State tells me it happens all the time, and their hands are tied.  (By whaaaat?!!!)

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That tells me that CNA and their law firm, Grancell et al,  have declared an end to the cease fire in another act of ‘guerrila warefare’…..   They both indicated they will do nothing to sort it out, and actually wrote me some pretty mean and nasty emails. Wyndham remains silent.   :/ TSK! Blockheads! 

 

Lucy and Friends on WorkComp Crimes

 

You can tell your people I intended to play nice and quiet and wait and see what happens during/after treatment.  That’s not doing me any good, since the financial terrorism of February 2014 is starting alll over again.

 

WC WHAT DIFFERENCE DOES IT MAKE 7 1 2014

 

Before I head to SCRIPPS, my political representatives will hear about this in further detail, as it appears to be a pattern and practice exercised by CNA, with all injured workers, in all states. Mr. Motamed, $10.7 million dollars a year CNA CEO will also be hearing from/of me, if he hasn’t already.

 

CNA CEO MOTAMED

 

Tsk, mean crowd.

 

Stephen Holmes 100000
WyndhamWorldwide CEO, Stephen Holmes, 4th dude from the left. Dude, Dump CNA and Grancell, take it from an Injured Worker AND Shareholder. In one sytem-fail injury worker case, they have undone years of goodwill… How many other Wyndham employees have been so poorlytreated?  Is it worth it? WE THINK NOT.

 

Human Rights & Ethics

“Learn more about our commitment to protecting human rights.”

“Wyndham Worldwide is committed to protecting human rights and is proud to partner with leading organizations who share our same commitment. We strongly believe in collaboration throughout the international travel and tourism industry, in conjunction with law enforcement and other agencies at all levels, plays a critical role in increasing awareness and prevention around the world.”

 

Just wanted to bring you up to date….. I intend to take my blogs in a more solutions oriented direction…. while continuing to expose crimes against injured workers.

 

 

What can We tell InjuredWorkers and their loved ones about YOUR organization?

Some Injured Workers Resources:  https://askaboutworkerscompgravytrains.com/about/

 

Oh Oh……dunno if you know of Becki Shafer?  “Rebecca Shafer,  Amaxx Risk Solutions, Inc.”

WC Mini Books

A blog was done that sort of plugged her book after ordering her book for myself, with hopes that if injured workers are armed with information, we will be less vulnerable to the hate crimes of the big insurance companies.
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(They hate us because a little medical care cuts into their corporate profits??! D’oh! They may need new bean counters!!!)

 

BS RADICAL INJURED WORKER JUL 2014
conta.cc/1qL1myX
Radical Injured Worker
conta.cc/1qL1myX

 

Had Wyndham Worldwide done a fraction of what is recommended as a procedure, pattern and practice to adhere to in her book, it’s doubtful this mess would be as awful as it is, with ‘exposure’ to so many…

 

 

Here, if you get a chance, check it out… Some of your clients might need a copy.

 

What can We tell InjuredWorkers and their loved ones about YOUR organization?

 

 

Our mottos are:  

 

#InjuredWorkersUnited:  SILENT NO MORE

WE ARE THE MEDIA NOW

 

 

 

Cheers!

 

Linda and Friends

#InjuredWorkersUnited:  SILENT NO MORE

WE SHALL OVERCOME

 

 

 

PS  Feel free to send this to your contacts at CNA….. I am doing likewise. 

 

 CNA CLAIM FRAUD CONTACTS

WorkComp is much like the Nuclear Industry:

PROFITS BEFORE LIVES.

ASK ABOUT FUKUSHIMA NOW

 
 
Remember Remember #Fukushima.  Triple #Nuclear Meltdowns, #ELE In Progress since 3.11.11.
Fukushima not a leak   Meltdowns
‘They may call you a Radical….’

WE ARE THE MEDIA NOW