This poll was shared on Facebook. What do you think about teaching Injured Workers, represented and unrepresented, how to maximize use of Social Media to ensure “immediate, appropriate and necessary medical care and benefits” in a workplace injury, and documentation of the process, including a pipeline to sound the alarms when actions by professionals, medical/legal/bureacrats seems questionable, at best.
Currently, Injured Workers appear to have no Civil Rights or Human Rights and the industry profiteers have no apparent interest in doing anything that might disrupt the extreme profits of an extremely vile industry.
What say you? Are you a social media expert willing to volunteers some ‘free training’ and participate in a group in a pro-bono fashion?
Are you an attorney who wrings hands and complains, ‘ain’t it awful’ and if your clients had the media’s attention, could that help you get cases to the MEDIATION TABLE WITH INTENTION TO SETTLE? DO YOU HAVE A BLOG AND SUPPORT GROUP FOR YOUR CLIENTS?
Are you a defense firm that has incorrigible adjusters and inexperienced attorneys increasing risks for your firm and clients and think that a good social media program on both sides could mitigate file churning and med-legal fraud?
Are you a HR professional who believes you cannot even send a get well card to an injured worker and you are afraid of litigation because of the wrongs you observe? What if your company has an in-place social media platform, and even a group for your Injured Workers to convene and yes, even compare notes on the various doctors, lawyers and treatments. Would Corporate Legal encourage #CourageousConversation in a private social media community such as on LinkedIn and Facebook? DO YOU HAVE A BLOG AND SUPPORT GROUP FOR YOUR INJURED WORKERS?
If you are a District Attorney, Mediator, FBI agent, DOL agent or member of the ICC, do you have suggestions and resources for Injured Workers, around the globe, being tortured, maimed and murdered with little plausible deniability all because they got injured at work?
Are you an Investigative Journalist who must follow orders and have been advised that real stories on #WorkComp are VERBOTEN?
Are you a helpless family member or friend of an Injured Worker wondering what on Earth you can do to intervene?
Hey. Help me understand so we can help one another move forward? Got a blog? Yeah, I know, it’s hard.
I’m working on blog post about Social Media for Injured Workers (aka Virtual Combat Skills) since the #WorkComp industry seems to be escalating intimidation tactics of Injured Workers who dare to use social media like a MEDIA BLAST AND OR microphone.
Have you noticed?
Facebook has a reputation for being a place for #WorkComp “Victims” stuck in learned helplessness and whining that the #WorkCompsters don’t play nice.
NOT ENOUGH INJURED WORKERS HAVE BLOGS TO SURVIVE. LET’S MOVE ON TO PLAN B: USE WHAT YOU GOT.
ARE YOU USING SOCIAL MEDIA #BeyondFacebook?
Please let us know which social media platforms you have, which you need help with? Thanks
“Without a blog, a growing email list, and ,a fierce social media strategy, Injured Workers are unarmed and unprotected in the global war on workers.”#USA#Canada#UK#Australia and Your Country!
How’s that Workers Compensation National Discussion Coming along? Is it over?
Remember Remember the Words of David DePaolo, RIP:
The brokerage community has been successful for many years in steering the fraud debate towards the most minuscule part of fraud: injured workers; a segment of the fraud population that is so small that insurance companies comically seek big attention for thwarting a criminal act that typically does not amount to more than $10,000 in damage.
Where is the outcry, however, when brokers suck $4 billion out of a system on clever reinsurance chicanery (see our various stories and articles on Unicover) so they can make a half-billion dollars in fees? Why isn’t the Employer’s Fraud Task Force and other self-appointed overseers of malicious intent and do-gooders directing their energies towards identification of the white collar criminals guilty of bid rigging? Where are our district attorneys, whose offices are flush with workers’ compensation fraud fighting money, when clear evidence of outright insurance company misreporting of work comp premium occurs? Is Eliot Spitzer, formerly New York’s Attorney General and now that state’s governor, the only politician who seems to be bothered by large scale white collar crime?
WHY IS IT THAT NOBODY GIVES A DAMN IN THIS INDUSTRY ABOUT BIG MONEY FRAUD? – David DePaolo
Next Up? Workers Compensation Industry blogs…. who is telling the truth and who is just serving the industry in a business model of PROFITS BEFORE LIVES
“It is also this particular demographic that is ill prepared to NOT work – the baby boomer generation still lives pay check to pay check; in other words they MUST work…”
“Yet, AARP (nor most other organizations) does absolutely no education to their constituents and members about work place injuries, about workers’ compensation or how the system works, leaving this demographic especially vulnerable to surprise, or worse, abuse.”
“I guess this isn’t really a surprise. Nearly no one educates the working population about workers’ compensation, or any work injury program, until it’s too late, after an injury occurs (or is claimed).”
Posts about David DePaolo written by AskAboutWorkCompGravyTrains. … If you are an Injured Worker, tell your story to ProPublica, and blog on! ….. When I called AARP a few months ago, apparently for United Health Care, the first question …
David DePaolo – Executive – WorkCompCentral – After practicing workers’ compensation law for nearly 18 years, I founded and grew … daviddepaolo.blogspot.com …. AARP has a big section on their website about working at age 50 and over.
WorkCompCentral 4th Annual CompLaude Awards Gala is coming up…. Mark your calendar for Saturday, December 5, 2015.
BTW, August 31, 2015 is the deadline for submissions of YOUR nominees for the WorkCompCentral CompLaude Awards. After the recent news about Director Christine Baker, it seems that the need for your to dig deeply into your database to find good people doing good stuff in America’s work comp system has never been greater. Here’s the link again.
On the who’s been naughty and who’s been nice, WorkCompCentral has the ‘nice” list being covered, and looks like ProPublica and #InjuredWorkersUniting will simply have to continue cover the ‘naughty’ lists and enlist support, #TEO!
HAVE YOU BEEN ALSO BEEN CHEATED OUT OF DISABILITY BENEFITS AS WELL AS DENIED MEDICAL CARE FOR YEARS, CAUSING PERMANENT DISABILITIES TO YOU, TOO? WE’RE NOT ALONE.
BUT WAIT! THERE’S MORE! AM I MISSING SOME CALCULATIONS HERE??!!! NOBODY AT EDD/SSA/CNA/MATRIX/ADVOCATOR/WYNDHAM SEEMS TO BE ABLE TO HELP OUT EITHER. IT’S IN THE ‘TOO HARD’ PILE EVERYWHERE….
The skewed and repeatedly mis-stated numbers have Social Security Administration in a super quandry over retroactive Social Security Disability benefits. First, they sent $_____________ to a dead bank account, and the Treasury Department kindly intervened. Then they sent a letter saying, whoooops, miscalculated, send us back $______ (more than the original amount) within 30 days, or else we’ll terminate all your benefits, but you can appeal it.
Then it was discovered they generously overpaid the law firm by $1,500 which was reimbursed immediately in June back to SSA, but SSA had apparently just processed that repayment, so they sent a follow up letter acknowledging the reimbursement and reduction in the demand for funds from Injured Worker by same amount.
Weeks have passed and SSA has been unable to return calls to the Advocator handling the case. The time to appeal is fast approaching, hence, this outreach via the internet. ARE THERE ANY FORENSIC ACCOUNTANTS OUT THERE? OR CAN THE STATE CONTROLLER’S OFFICE HELP? (3 OF 3 WILL FILL IN THE BLANKS ON AMOUNTS FOR SSA/EDD/CNA FIASCO…IT’S A TOUGH SHELL GAME TO FIGURE OUT—–> PARTICULARLY WITH A BRAIN INJURY.
I JUST KNOW IT AIN’T RIGHT…. and it’s in the “too hard” pile on too many desks, another example of ‘obfuscation of facts’ with intent to deny benefits and further harm injured worker? Sure looks like it, huh? Not even experts can sort it out.
CNA aka American Casualty refused to pay TTD from 4/15/12 – 2/14/13 — and there are extenuating circumstances involving not only WCAB Courts, but Information and Assistance Officers and EDD parties. Adult Protective Services, State Senator and Assemblyman’s office helped to break the stranglehold that resulted in Injured Worker having to apply for Social Welfare, Public and Private Assistance, including help from the Salvation Army for utilities in early 2014 because of this practice which is apparently “done all the time” according to CNA Adjuster, Daniel Elliott.
Reimbursement discount was ‘negotiated’ by defense firm with EDD, apparently without any State oversight, and a Judge on appeal said it was ok. Apparently, some Judges think it’s ok for the State to give away taxpayer dollars to big insurance companies.
[Yikes, CNA has racked up some penalties, haven’t they? Is there anybody enforcing these rules?]
____ Weeks Late; 25% penalties +++
___ Weeks late; 25% penalties +++
C NA PAID TO IW
104 weeks per Labor Code, weekly rate questioned, but at $1,298.82 x 52 checks = $67,538.64
C N A Reimbursed $31,400 to EDD on 4/29/14 for paying IW $49,49,422 from 2012-2013 because C N A refused to despite Court demand:
99/weeks effective payment?
Lump Sum Permanent Disability Advance
(subrogated by private LTD carrier?!!)
52 additional weeks of disability benefits to have been provided by the State, when the WorkComp system fails after the first 104 weeks, would have meant an additional benefit of 52 weeks x $961/week or $49,972.
So, if CNA had paid 104 weeks at $649.41 (eow check $1298.82) that would have been: $67,538.64
And if EDD has paid 52 weeks at $961/week that would have been: $49,972
Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64 Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).
This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care? Is that a mere coincidence? These numbers alll jumble all over my brain. Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.
This is where it gets real real fuzzy…. that will be documented, with PDFs of all of ths in 3 of 3 – WorkComp MAGIC Money Math…
This seems to happen all the time, to many injured workers…..nobody seems to know how the sad tales end.
You’ll know how this one ends, count on it! Maybe you will even read about it in a ProPublica Report! ;D
Back pay caper of May 2014 RE
WC from SSA print out
C N A paid me
EDD paid approximately
difference EDD gave to C N A, not IW
EDD discounted back to C N A, collecting:
of the $31,654 EDD sent me approximately ($21,000.00)
C N A 5/8/2014 Notice states they paid a total of $82,092.04 – they did not. See above and figure in discounted payback to EDD
See also 9/23/14 statement from C N A
Weeks * $
1-9-2012 to 4-15-2012 TTD at $652.15 per week
2-5-13 to 5-8-14 TTD at $649.41 per week
Reimbursed EDD for period of 1/28/2012 – 3/4/2013 for a total of $31,400.
Fred Sachs, C N A
C N A alleged total paid $82,092.04 for 1/9/12 – 5/8/14
C NA alleges “We have paid the 104 weeks of benefits”
(law says 104 weeks + additional 52 by EDD afterwards as required)
THE MATH DOESN’T ADD UP
The question arises, how many unclean hands did that “negotiated discount” pass through before making it’s way back to EDD? If this is done all the time, how many times must that discounted $18,000 be multiplied to determine how much money leaves the State in favor of Insurance Profits??
If every State provides such “negotiated discounts” (aka “kickbacks”??!!)…. how much money is lost by such cost shifting by the State?
Further cost shifting involves shifting to Social Security Administration, also implicated in this convoluted mess, and they are spending weeks and weeks and weeks of labor hours trying to sort out the calculations. See below for more on that. Treasury Department has even had to become involved in May, and will likely need to jump in again before all is said and done?
According to the State of California Department of Industrial Relations, here’s the ideal regarding Temporary Disability benefits:
But wait! Is CNA aka American Casualty, THE ONLY INSURANCE CARRIER WITH SPECIAL PRIVILEGES AND DISCOUNTS afforded by DIR no matter what harm is caused to California Injured Workers? Have any politicians approved these little … what do we call it…. incentives???
Here’s what they say about attorneys: http://www.dir.ca.gov/InjuredWorkerGuidebook/FAQsAttorney.pdf (The warnings are quite inadequate–InjuredWorkers will create some new information for those new to the system. If you make a mistake retaining an attorney who freely violated the ABA Code of Ethics, you’re in for an awful ordeal, and they hang on like leaches to a file, preventing legitimate/competent attorneys from taking over their messes.
The In-Pro-Per community is a market overlooked by most WorkCompsters…. #InjuredWorkersUniting — perhaps with teams of Paralegals, the WarOnWorkers can be won, SunTzu style, with a Rag-Tag Army of Injured and Disabled Patriots and Others. Just sayin…THINK OUTSIDE OF THE WORKCOMP GHETTOS.
See the gaps in which CNA failed to pay a Wyndham Worldwide Injured Worker? Does that mean 25% of each late payment, up to $10,000 is now due and payable, with sanctions? Who absorbs that extra cost?
That looks like 45 weeks and 4 days? So would that would be 25% of…. ($1298.82 divided by…. times 45… no, times 22.5 which equals $29,200) so 25% of $29,200, or $7,300. Is that correct? So, if you multiply a practice of cheating injured workers like that times how many million injured workers are there, the plot thickens, huh?
There’s a rule about penalties for failures to reimburse medical miles which CNA also scoffs at. Complaints have been filed repeatedly with the Audit Unit; hopeful that Wyndham/CNA’s turn is coming up soon on auditors. Out of pocket medical expenses for this injured worker have exceeded $43,000. It seems to be a standard that injured workers who are able to, will often spend more than $50,000 in personal funds to survive the WorkComp system. Some grand bargain, huh? Wish for WorkComp only on your most despised enemies, huh?
“TD payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to work, or when the doctor releases you for work, or says your injury has improved as much as it’s going to.”
APPARENTLY NOT IN CALIFORNIA! Does the State Controller know how EDD assumes risks for insurance companies then deeply discounts payback, which also deprives Injured Worker of the additional 52 weeks of State Disability, assuming that the first 104 weeks without medical care failed to result in employee death?
“ If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment” Ooooops, last TD payment was when? Shown as 5/8/14? Does that mean that some sort of estimated PD vs. receiving nothing for months and months and months was due?
Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment.
“Is the claims administrator required to pay a penalty for delays in TD payments? It depends. The claims administrator must pay you an additional 10 percent of the payment, if: • The claims administrator sends a payment late; and • You filed a claim form for your injury more than 14 days before the payment was due. This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims administrator can’t determine, in the first 14 days after your employer learned about your injury, whether TD benefits must be paid and sends you a delay letter as explained above. You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay…”
• Your treating doctor says you can return to your usual job (whether or not you actually return to work); or
• You return to your usual job or to modified or alternate work at your regular wages (or at wages associated with a maximum limit on TTD payments); or • You have reached a point where your condition is not improving and not getting worse. (When this happens, your condition is called “permanent and stationary.”); or
• You were injured on or after January 1, 2008, and received up to 104 weeks of TD benefits within five years from the date of injury, or you were injured sometime on or after April 19, 2004, through December 31, 2007, and received up to 104 weeks of TD benefits within two years from the start of payments. (Workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, or chronic lung disease may receive up to 240 weeks of TD benefits within five years from the date of injury.)
When TD payments end, the claims administrator must send you a letter explaining why the payments are ending. The letter must list all TD payments sent to you. This letter must be sent within 14 days after your final TD payment. If your treating doctor says that you will never recover completely, you may be eligible to receive permanent disability benefits or a supplemental job displacement benefit. See Chapter 7. Permanent Disability Benefits, and Chapter 8. Supplemental Job Displacement Benefit [Ooooops, CNA didn’t do that either…. ]
[Yikes, CNA has racked up some penalties, haven’t they? Is there anybody enforcing these rules?]
“Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don’t have to lose your job to be eligible for PD benefits. On the other hand, if you lose income because of a permanent disability, PD benefits may not cover all the income lost.”
“Other Benefits Besides PD If you have a permanent disability, you may also be eligible to receive: • Medical care for your injury, described later in this chapter. • A supplemental job displacement benefit. To learn about this benefit, see Chapter 8. • Other financial help, such as Social Security disability benefits and benefits offered by some employers and unions. To find out about these benefits, use the resources in Chapter 9”
When do I receive PD payments? If you have a permanent partial disability, you are eligible to receive the total amount of your PD benefits spread over a fixed number of weeks. If you have a permanent total disability, you are eligible to receive PD payments for the rest of your life. PD payments are due as listed below, except as follows: If your employer offers you work that pays at least 85 percent of the wages and benefits that you were paid at the time of injury or you are working in a job that pays at least 100 percent of the wages and benefits that you were paid at the time of injury, you will not receive PD payments until after a workers’ compensation judge approves a settlement of your case or decides on the PD benefits you will receive. If neither of the above is true:
• If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment.
• If you weren’t receiving TD benefits, you should receive the first PD payment within 14 days after the claims administrator learns that you have a permanent disability caused by your injury. After the first payment, PD benefits must be paid every 14 days. PD payments end when you reach the maximum amount allowed by law or when you settle your case and receive a lump sum. Note: This lump sum is reduced by the PD benefits that you already received, including any lump sum advances.
Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment. This is true even if there was a reasonable excuse for the delay and even if the claims administrator sends a letter explaining the delay. (Note, however, that this penalty is not required if you did not file a claim form for your injury.) You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay.
EDD PICKED UP THE COSTS FOR TEMPORARY DISABILITY BENEFITS FOR THIS INJURE WORKER BECAUSE CNA REFUSED TO PAY TTD, ALTHOUGH AGREED UPON IN A COURT HEARING. THE ADJUSTER INDICATED THAT THEY DO IT ALL THE TIME. REALLLY?? THE INFORMATION AND ASSISTANCE OFFICER COULD ONLY SAY, ‘Look, the order says they would resume paying “if necessary” so apparently your Dr. Ponton didn’t think it was necessary.” Really, he continued to call me temporarily totally disabled in every reported, omitted and not, to the Carrier and to WCAB and to EDD, so what part of that could be misunderstood as being “not necessary”????!!!
For the records, EDD paid over an intermittent period, ending in mid 2014 for final reconciliation, after numerous appeals, a total of approximately $49,400 ….negotiated a discount of Injured Workers Benefits or Your Tax Dollars, providing the WorkComp carrier what appears to be an award for approximately $18,000 for REFUSING TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS IN ACCORDANCE WITH LABOR CODE, AND FOR CAUSING PERMANENT TOTAL DISABILITIES BY FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS WHILE RACKING UP WHAT APPEARS TO BE A DRAMATIC MONEY LAUNDERING EFFORT WITH MORE THAN APPROXIMATELY 40 FACE TO FACE MEDICAL EVALUATIONS.
NUMEROUS CorVel medical evaluations with supportive chicanery continuing the pattern of egregious harm with callous disregard for life and WITH TOTAL DISREGARD FOR RECOMMENDATIONS FOR TREATMENT.
This is the American Workers Compensation System? Everybody knows. What’s wrong you people putting up with these most vile practices that are mere profiteering by the maiming and experiments and exterminations of your fellow Americans? Is it really worth your soul to sell out humanity?
Well, we know that psychopaths have no remorse, compassion or soul—-is that what we have here, WorkComp is operated by a SWATH OF PSYCHOPATHS? SOS, MY FELLOW AMERICANS! SOS!
“If not you, then who? If not now, then when?” YOU COULD BE NEXT!
“BTW – I keep asking for an attorney for you. It’s tough. The perception is that your case isn’t big enough under current law, so getting someone to pay attention to it is very difficult.” – Anonymous
“So that means that breasts and testicles are more valuable than brains? !?” ASKS THE INJURED WORKER!
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq. http://www.asvarlaw.com/casestudies/
Note: Chris Asvar did his job for his young client: “LOS ANGELES – January 25, 2012. Los Angeles-based attorney Christopher Asvar has just secured the highest known workers’ compensation insurance settlements in California history, totaling $8.9 million on behalf of his young client who suffered a work-place traumatic brain injury.”
Note: Romano Trust vs Sedgwick apparently gives #WorkCompsters a green light to maim and kill injured workers in California without recourse, and sometimes a fine of $100,000, if pushed.
America! America! What a national shame!
CNA / Grancell Defense Team apologizes for the misunderstandings and failures that preceded settlement. CA ADJ8181903
Nawwww, they won’t even authorize prism neuro-optometric lenses or auditory processing devices, nor chiropractic and acupuncture for pain relief, nor will they replace resigned primary treating doctors without a Utilization Review, that there is no doctor to make such a request, and the CNA 25+ year veteran Claims Adjuster has no authority apparently other than to sign a form that says ‘it’s too early to determine if there is any permanent injury’ so we’ll look again in 90 days. D’oh. They didn’t pay temp total disability in 2012-2013, and the State did, then discounted payback, causing Injured Worker to lose the ’52 weeks’ that would have been available had they paid the 104 weeks, as required by law and directed to via Court hearing in April 2012.
They scoffed at the law and bullied the injured worker and doctors then, and continue to scoff and bully today. They have help. CorVel and Maximus, and a handful of industry leased/owned doctors who write inaccurate reports that could be deemed fraudulent if taken to trial. WCAB guidelines indicate estimated Permanent Disability payments are to commence within 14 days of final TTD payment, which was May 2014, in a chunk after EDD and local politicians became involved, since WCAB – Riverside refused repeatedly to help injured worker get treatment or benefits, in clear violations of ADA and EEOC. Grancell continues the same course of action, profitting by taxpayer ignorance and apathy as they bilk California’s coffers and destroy the California WorkForce….
They want me to see an Ear Nose and Throat Doctor to dispute an extensive auditory processing evaluation of last year performed at SCRIPPS Brain Injury Rehabilitation Center in Encinitas, California. What’s next, will they demand that I see a Podiatrist to dispute the Audiologists, Neurologists, Neuropsychologists, Orthopedic Surgeons, Chiropractors, Acupuncturists and Functional Neurology Experts, along with Occupational Therapists, Physical Therapists and Speech Therapists, and focus on the often referenced sprained ankle of 1/9/12? Oh yes, I think they need a dozen neuro-psych reports till they find one they like; “Doctor Shopping and File Churning” enhances bottom lines for WorkComp Defense firms? D’oh! In November 2012, defense attempted to coerce settlement of the customary $100,000 after initial attempts at obfuscation of medical evidence and failures to provide necessary evaluations and treatments that first year. Their report of future medical was extensive— and that was prior to getting all the facts of the actual extent of the injuries. What say their Risk Peeps now. They are all looking at my LinkedIn Profile.
Anybody with “Juevos” at CNA willing to step up to settlement? Maybe somebody from Thomas Motamed’s office?
For the record, treatments and evaluations provided by Grancell/CNA and self-procured are discussed in these blogs:
Well, at least the ‘cost burden has been shifted’ to the Social Security Administration and Medicare due to the brain injury upon evaluation of all medical records. How’s that for bilking the public after more than 3 years of torturing and causing permanent disabilities to an injured worker? I am grateful and the experience at the SSA was kind, compassionate and an encounter with people of integrity, in sharp contrast to the horrors of Workers Compensation experiences.
Add the approximately $16,000 CNA was paid by the State of California in the form of a deep discount on reimbursements for EDD payment in the first year because CNA refused to pay TTD?
CNA is really making big bucks on this “Exclusive Remedy” huh?
How much does the insurance broker make in commissions on the Wyndham account? SEC or some regulatory agencies requires Wyndham to provide such information to shareholders when requested; I have requested approximately 5 times in more than that many months, to no avail. It may have something to do with allegations that the Wyndham Board and Risk Management have some members with questionable ties to the insurance industry? I heard the stories, but they didn’t quite compute in my brain.
#WorkCompChat; O SAY CAN YOU SEE?
Could the lack of competent representation for injured workers be related to these issues?
Below are more insights for possible incorporation to future industry blogs…from an Injured Worker point of view, and something the legal people alleging to represent injured workers are also clueless about.
Attorneys in CA like to shrug and say they know nothing about Social Security and Employment Law and ADA Compliance and how it all interfaces with one the big scam.
Heck, even the Defense Counsel who is a “Partner/Shareholder” boasts of his incompetence regarding ADA and Employment Law! D’oh! It takes a Psychopath, huh?! A WorkComp attorney who is oblivious to SSA guidelines, ADA, Employment Law and social media fight-back-work arounds is an idiot and a menace to society, imho. Ditto for return to work trials, guidelines, strategies etc.
Social Security has a rehabilitation component called PASS (available to me for the next year or so) where they may help me create a consulting business or something I can do from behind my computer, if Wydham continues to fail to engage in the interactive process, and particularly if they wrongfully terminate me. There are also some tax incentives to corporations that hire disabled Americans. I am hopeful that if I cannot return to face-to-face selling that Wyndham may create a position so that I can help clean up the desperate EPIC FAIL of a WorkComp system currently in place, and that I may be able to help train HR and Staff on proper handling of workplace injuries, and when to do simple things like “CALL 911”
The SSA paperwork also advises me to submit medical expenses that I had to pay within 30 days, which it sounds like they may reimburse since CNA refused to. A friend may help me assemble that next week. It’s half done, like so many of my paper projects. Pure cost burden shifting, and that’s one of the items I will ask the Senators to help me with. Somebody can reimburse my $30k out of pocket medical and rehab expenses, and the shortfall of $18,000 California gave in the form of deep reimbursement demand discount to CNA for refusing to pay TTD in 2012 – 2013 . Offset for my shortened life span and loss of earning capacity, along with potential devasting future medical is a factor. Continuation at the Coastline Acquired Brain Injury Program through December 2015 is very important to maximize potential return to work, although a second year is recommended, and both will be impossible without funds. Your try living on $1,700/month with a mountain of bills behind you, and a brain that works like a 286 computer on dial-up, with virtually no working memory. Does a $20,000 annual income put me in the sheer poverty category? That’s a very harsh transition from being a fun-loving, globe trotting vacation sales executive, unable to return to work due to auditory, vision, speech and other processing issues from the fall of 1/9/12. The manager said, “Just rub some dirt on it and you’ll be fine’…. nice try, but it didn’t work.
If you know of a California attorney with integrity, courage, smarts and staff to take on this multi-dimensional case, please contact me directly at WorkCompLinda@gmail.com or via phone at 760 368 7236. Know that the Defense Firm is big on bullying doctors, injured workers, and even, apparently, structured settlement peeps. D’oh. Mediation was repeatedly refused by defense. Callous disregard for human life is the SOP, along with bullying and threats and blatant disregard for law, order and life.
It is my hope and intention to return to work by the end of the year, even though all the medical evidence indicates that is highly improbable due to the extend of the brain injuries. Yes, I can type, but if any CAAA attorney believes that the ability to type indicates no brain injury, they should turn in their license to practice. They are incompetent to allege to represent any injured worker, let alone a brain injury case, and such ignorance and incompentence presents imminent danger to the working public.
Remember the quote by Chris Asvar (who won’t take the case because prior counsel and too many others ‘didn’t do their job’)…..I’ve asked again, but won’t hold my breath on a response this year either. Read it again. LET IT SINK IN.
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.http://www.asvarlaw.com/casestudies/
How is it that the people profitting by maiming and abusing brain injured Americans can continue to get away with their vile legal chicanery without due process, without representation, and in clear violation of the Constitution of the United States of America?
Who supports such treason and attacks on the working population of America?
Will the US Attorney General investigate California’s workers compensation corruption and war on workers now? CC: #CAAA Members.
Note to Lorrtta Lynch: FOLLOW THE MONEY. ALWAYS FOLLOW THE MONEY.