Are #CorVel UR Non-Recommendations Simply Hogwash?

WorkComp Demolition?  “PULL!”
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Has anybody else experienced a pattern of practice by CorVel reports, allegedly written by various doctors but that appear to written by ‘less educated’ RNs, with skewed facts and gross mis-statements (some are pretty hysterical, if they were not so life-threatening!)
mlk hitler germany
The CorVel patterns of practice with allegations of attempts to reach requesting doctor for more information, with ‘no contact’ made because requesting doctor failed to jump through hoops and respond within minutes? Or how about the copies received by mail demanding response with 72 hours, postmarked 2 days or more past date of alleged request?  Or when they allege they left a message at a certain number, that is to rehabilitation unit recreation room, at which the requesting doctor has never been, let alone receive messages?   How about the guys call and say they are the doctor, but they are not the doctor, or at least a different doctor signs the report?  How about when the reports allege there was no contact, and the injured was present during the communications? Does that ever happen out there???
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One legal pal suggested that CorVel piece alone paves the way for CLASS ACTION for some smart class action/civil rights firm.  There was a recent article somewhere by someone complaining about CorVel, in addition to Mayor Betsy and Forth Worth Police Associations, too.   Maybe their Union could do a little…investigations into CorVel and nation maiming and terrorizing of injured workers?
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Does that just happen on Brain Injury cases?  Hmmmmmm  Anyhow…. Below is another little missive to CNA….. I got a little distracted trying to do some paper work today, and I just see red when I think of these people.
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Someone recently said, “Now, Linda, those lawyers are just doing their jobs.  Work Comp is broken; Nobody gets rich off WorkComp.”
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😕   I nearly spit and said, “Not true.  It’s a mega billion dollar industry, and the only losers are the Injured Workers.  Not only have they failed to pay me disability benefits, they cooked the books and got approximately $18K in award money for refusing to pay TTD in 2012/2013 [State paid $49k 2012-2013, CNA reimbursed $31K in May 2014; injured worker screwed again] AND FOR FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS ALL ALONG.
#GrandWorkCompFraud on the American People and Corporations
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Not only does CNA fail to comply with basic labor code to provide immediate reasonable and necessary medical treatment, THEIR COUNSEL HAS THREATENED ALL SELF-PROCURED PROVIDERS, INTERRUPTING SELF-PROCURED CARE, AND USING FINANCIAL TERRORISM TO ENSURE MEDICAL CARE IS NOT PROCURED.
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Then, they use fancy legal chicanery to continue to obfuscate the facts that they have, in a pattern of continuous harm, FAILED TO PROVIDE MEDICAL CARE IN ACCORDANCE WITH ACOEM, MTUS, OR EVEN 7TH GRADER COMMON SENSE! Where do they find these clowns to write reports on behalf of the defense firms.  I will NEVER forget the forensic psychiatrist who said that ‘if the finder of facts found that there was indeed a slip and fall and concussion, medical treatment would be necessary; there was not, and is no head injury, and she probably just has epilepsy.”
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D’OH!  MY MANAGER HELPED ME UP FROM THE ICE, AND MY COLLEAGUES HAD A GOOD LAUGH AT THE SNOW ALL OVER ME, AND MY DAZED AND CONFUSED APPEARANCE…….   The Admin Manager told me to “See any doctor that takes work comp insurance” and gave me an incomplete DWC-1 form (no insurance info on it at all, just his signature)..D’oh!  Defense firms says that was “proper service” of their alleged “MPN”….. I was required to complete my shift, and find my way down an icy mountain road (20 miles) and then down a desert highway (40 more miles).  How did I do it and survive?  But for the Grace of God!….

DEMOLITION?   PULL!

Demolition of WorkComp  March 2015
NOTE:  Upon verification of Brain Injury is when TTD stopped (April 2012) and terrorism began.  In November 2012, they attempted to coerce early settlement that required forfeiting job, social security, medical, and more….for $100,000, less attorney fees.  That attorney no longer represents me.  He said it was a small community, work comp, and nobody would believe I have a brain injury.  D’oh.  Those idiots don’t even know what a physiatrist is, let alone brain lobes, cognitive and executive functions, etc.   We’ll talk more about attorneys soon…. Must get back to tasks at hand.
 HOGWASH
WORKCOMP SURVIVOR WRITES:  Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process.   I would like to receive the advance no later than March 30, 2015.
—–Original Message—– From: Linda Ayres To: fred.sachs <fred.sachs@cna.com> Cc: wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>; tina.jordan <tina.jordan@wyn.com>; michael.dougherty <michael.dougherty@wyn.com>; mary.falvey <mary.falvey@wyn.com>; shane.riedman <shane.riedman@cna.com>; scott.mixon <scott.mixon@wyn.com>; SReubens <SReubens@grancell-law.com>; lindaayres <lindaayres@aol.com>; wynlinda <wynlinda@gmail.com>; workcomplinda <workcomplinda@gmail.com>; hchalgujia <hchalgujia@aol.com> Sent: Fri, Mar 13, 2015 10:54 am Subject: ADA, RTW, and ESTIMATED PD – ADVANCE: Linda Ayres vs. Wyndham Worldwide et al CNA e3269102 WE and RETURN TO WORK ACCOMMODATIONS
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Dear Fred:
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Please provide me with another PD Advance by the end of the month.
I will need another advance of estimated Permanent Disability in the amount of $20,000 in order to move forward with return to work planning and obtaining medically necessary treatments, devices and software that have been properly requested since date of injury, by multiple doctors, and now, with more Grancell file churning, are moving into the IMR process.   I would like to receive the advance no later than March 30, 2015.
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 DOJ ADA
ADA ACCOMMODATIONS:  I am still awaiting word from Wyndham on extended leave of absence through December 2015, then return to work at Palm Springs, which is important to my planning at Coastline Acquired Brain Injury Program, a State institution, supported also by the Department of Rehabilitation.  The program is very intenstive, and  primarily for people who have received and exhausted all medically necessary treatments; not too many of us have been denied medical care for years; unless they are also injured workers, like me.
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I am hoping I will be able to return to work without any accommodations, upon completion of Coastline Acquired Brain Injury Program in December.  The counselors suggest I may need a second year at Coastline to maximize my cognitive functionality, but that will be determined later in the year.  Transition planning (back to the community) is a big part of the program.
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Please also consider the PD advance request as part of the ADA accommodations request, as CNA has refused to provide medical care and TTD the first two years, leaving me in a very precarious situation, and financial stress is counter-productive to brain injury recovery.
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I understand that it may be just the defense firm “just doing his/her job” and “just following orders” but mis-statements with intent to deny medical care are frowned upon, as are omission of medical records to procure same result.
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Suggesting that the February 2015 Corvel modified recommendations will not be honored for some made up reasons by Defense, is unconscionable, as usual.  I did not hear back from you this week, so I must assume you concur with the defense bad faith and ill will?
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Ignoring all prior medical records with hopes that yet another neuro-psych eval will be from an industry leased doctor, is not quite right, is it?  I will copy you on my request to the Judge.
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If you will please review the evaluations and recommendations for treatment since 2012 from Dr’s DeGoede, Kang, Ponton, Chung, Patterson, Ikeda, Llowell, O’Brien, Kent, Zardouz et al….. you will see the gross mis-management of this case and my ability to recover and return to work, mostly at the hands of Grancell.  I understand that Daniel Elliott, former adjuster may have been inexperienced and therefore subject to intimidation by the Grancell crowd.  I talked with his boss once, very polite, and also did not sound intimidatable.  Ms. Mall’s incorrect statements to multiple doctors were leading, misleading and resulted in what appear to be extremely fraudulent conclusions by 3 doctors, and the whole CorVel people. Sad. Makes CNA appear complict, doesn’t it?
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With your experience, I highly doubt you can be intimated by them.  I trust that you will continue to help me distance from the abuse,harassment, intimdiation, bullying and the implied threats of the defense crowd.
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Please advise how soon I may expect the advance on estimated PD.
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Thank you.
Sincerely,
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Linda Ayres, In Pro Per
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cc:  Linda Ayres, Injured Worker
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Dr. Hilda Chalgujian, Primary Treating Doctor since Orthopedic Surgeon made it very clear he doesn’t deal with brains….. a fact known when Grancell and WCAB insisted that my PTP be an Orthopedic Surgeon, not a physiatrist, neuro-psychologist, neurologist, psychologist, chiropractor, or accupuncturist.  Looks like it’s on you, me, Dr. Hilda and Stewart to move things along…with Tina and Mike.   What say you now?  I hope the ProPublic / NPR Surveys and articles are helpful; I submitted my stories to them and to OSHA.
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cc:  Distribution
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PS:  An updated medical miles request is still forthcoming.  With TBI, sense of time is surreal, at best.   I have also learned, something your Training Department may be interested in, with TBI, when treatment is immediate and swift (interdisciplinary, including speech, occupational, physical therapies, and vision and auditory therapies as required, along with orthopedic issues with chiropractors and accupuncture, return to work further facilitates best outcomes.
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Unfortunately, I also learned that when an injured worker is prevented from return to work for more than 2-3 years, best outcomes are highly improbable.  Thanks.  Don’t let it happen again; I will work with Wyndham to ensure that it doesn’t happen to another Wyndham Employee, and with the injured worker community at large.  It would be nice to tell global audiences that CNA saw their egregious errors and have used this case to correct the wrongs; I realize that is highly improbable, so another route will be created, just like I must work on creating ‘new neuropathways’ to do things that used to be easy, that are now very very challenging.
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I am hoping Wyndham will create a position for me so that I can help clean up the Human Resources issues that have allowed your companies to harm me so, at great cost to me, and cost to shareholders and Wyndham, as well.
Stephen Hawking
A Thug is a Thug is a Thug, Hold the #WorkCompsters Accountable!
If you can’t work, then blog!
WE ARE THE MEDIA NOW!
"Do no harm, but take no sh#t"
“Do no harm, but take no sh#t”
Isn’t it odd that my first job, long ago, in the city was working for CNA?  Does that make me complicit in the atrocities committed against injured workers by this company and their sonderkommando?
May they all have INTERESTING LIVES.

WE ARE THE MEDIA NOW.  EXPECT US.  JOIN US.

Workers Comp Doctors, Lawyers and Gravy Train Riders – $4,000 per bogus medical report?? D’oh!

Remember the initial evaluation of this Brain Injury Survivor and #Wyndham Worldwide employee,  by one of the early doctors:

APRIL 2012 –

Judgment and Insight:  The patient’s judgment and insight seemed intact. Patient appeared to be aware of how the injury had affected cognitive functioning and discussed taking steps to remediate for areas of perceived deficit….

Test Behavior: The patient was also frequently tearful, becoming emotionally distraught when perceived unable to perform various tasks as well as perceived they would have been done prior to injury.  Also becomes tearful when talking about various professionals who were perceived as not caring for medical needs appropriately.

COOPERATION:  The patient was very cooperative.  Completed all tests administered without complaint.

EFFORT:  Patient appeared to put forth best effort on all tasks administered.  Objective testing also gave no indication of purposeful exaggeration or distortion of symptoms….

protected by angels

Which deteriorated dramatically…..

….through 8,696 dangerous driven miles of muddling courageously to each and every appointment, hoping somebody would help find lost cognitive abilities,  seeing just a few good doctors, who DO NO HARM, and being exposed to an army of incompetent, unscrupulous, criminal doctors, and/or doctors without expertise  in traumatic brain injury, on the whole, and the outrageous denials of physician requested specialty medical evaluations and treatments form Traumatic Brain Injury, to the following $4,000 report insurance company doctor opinion:

April 2013 –

 “IMPAIRMENT:  RESIDUAL IMPAIRMENT DUE TO CHRONIC MALADAPTIVE COPING MECHANISMS, PREEXISTING PERSONALITY CONFLICTS, POOR ANGER MANAGEMENT SKILLS.”

and another that stated:

“Disability in Regards to the Head Region:  The patient is status post trauma to the head region with development of post traumatic head syndrome, which is best described as slight.  It is characterized by the presence of headaches, memory difficulty, dizziness, visual disturbance, and difficulty with the sense of smell.

Objective Factors For Consideration of Permanent Disability in Regards to the Head Region: None

FUTURE MEDICAL CARE:  The patient should have access to plain over-the-counter analgesics for relief of her headache.  However, she states she is not interested in taking any medication.

lion truth

A Fraud Complaint is being filed with proper authorities for the above $4,000.00 AME / QME reports and ‘pack of lies’ and inaccuracies and negligence.

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Both doctors, in addition to their colleagues in the ‘small circle of worker comp providers’  made their reports based on incomplete medical records and both doctors refused to accept and consider omitted medical records in order to provide a supplementary report based on currently available facts.  The insurance company denial of authorizations for evaluations and treatments, as requested by multiple physicians, further gives way to serious suspicions of extremely fraudulent activities, in collusion with highly-paid non-expert opinions.

~~~

Neither doctor has any known expertise or practice in diagnosis and treatment of traumatic brain injury, evidenced by the foregoing remarks, and cut ‘n paste thick reports of non-sense based on no facts or scientific evidence.  Shame.

lisa and bart the whole damn system is wrong

How long does it take to “break” even a brain-injured worker???

The Fourth Reich apparently has a fully subsidized army of nazi-type doctors maiming, drugging and killing American workers —– 21st Century SONDERKOMMANDOS, killing on behalf of Corporate Greed.

nazi-found-in-usa-a-michael-karkoc-386x217

See the list below of ‘doctors’ who have profited by the Brain Injured Worker’s head trauma below.  Some tried to help, some fought a little, others put the file in the ‘too hard’ pile.  All made money….. while the Injured Worker loses hope and life.

See the specialties of each doctor…. all but a handful had any business treating an Injured Worker with Traumatic Brain Injury, as they are not in compliance with legal requirements to have doctors only treat what they are competent and trained to treat, rather than writing reports based on guesses and non-expertise, in order to make a mortgage or car payments or pay their dealers.  Shame.

ShhhhhhhhGǪ Consoling thought Psychopaths believe t - 450535848291624

DIAGNOSES:  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive syndrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes

APPLICANTS MEDICAL INDEX
Author Date Type Representation
Other specialists, as required based on ability to find and afford. LIFETIME Expertise in brain based treatments for TBI etc. IN PRO PER
MD – Psysiatrist 8/2/2013 Visit, Follow Up Exam and Hopefully progress report based on authorized treatments for brain injuries and related issues
 Neuro-Optometrist 8/23/2013 Neuro-Vision Follow up Evaluation (Brain Rehab Center) IN PRO PER
Occupational VISION Therapy 7/11/2013 Occupational Therapy – Vision + 7/18, 7/25, 8/1, 8/8, 8/23 IN PRO PER
MD – Orthopedic Surgeon 7/10/2013 Visit, Exam IN PRO PER
MD – Radiologist 7/3/2013 MRI-right shoulder IN PRO PER
MD – Phsysiatrist 6/13/2013 Visit, Exam, Evaluation IN PRO PER
Occupational VISION Therapy 6/13/2013 Occupational Therapy – Vision IN PRO PER
DC – Chiropractor 6/6/2013 Visit, Exam IN PRO PER
Occupational VISION Therapy 6/5/2013 Evaluation, Occupational Therapy – Vision IN PRO PER
MD – Orthopedic Surgeon 5/29/2013 Visit, Exam IN PRO PER
 Neuro-Optometrist 5/24/2013 Neuro-Vision Evaluation IN PRO PER
MD –  Orthopedic Surgeon – State 5/16/2013 Evaluation for Social Security office IN PRO PER
 Clinical Psychologist – State 5/10/2013 Evaluation for Social Security office IN PRO PER
Physical Therapy 5/8/2013 Physical Therapy, Cervical IN PRO PER
Physical Therapy 5/6/2013 Physical Therapy, Cervical IN PRO PER
Physical Therapy 5/1/2013 Physical Therapy, Cervical IN PRO PER
Speech Therapist 5/1/2013 Speech Therapy Exam IN PRO PER
DC – Chiropractor 4/26/2013 Visit, Exam IN PRO PER
Physical Therapy 4/25/2013 Physical Therapy, Cervical IN PRO PER
MD – Orthopedic Surgeon 4/24/2013 Visit, Exam, Report IN PRO PER
Physical Therapy 4/24/2013 Physical Therapy, Cervical Lawyer #3  Lawyer #3 dismissed 4/24/13
MD – Radiologist 4/19/2013 MRI- Cervical  (did not include thoracic; injured worker became ill after noise of MRI and brain sensory overstimulation; felt nausea, cold sweat and clammy for approximately 4 hours) Lawyer #3
Physical Therapy 4/19/2013 Physical Therapy, Cervical Lawyer #3
Physical Therapy 4/17/2013 Physical Therapy, Cervical Lawyer #3
MD – Forensic Psychiatrist 4/10/2013 AME evaluator (based on incomplete records provided by defense, records omitted skew actual facts of findings, recommended treatments and denials of medical care, a similar ploy applied by defense in October/November 2012 in order to obtain a minimized report of collective findings and recommendations.  First time it may have been an ‘oversight’….the multiple times it sounds like collusion to hide facts in order to favor defense clients.)  The first time the ploy was applied a deposition was cancelled and attempt for a premature Settlement offer was made in order to have the injured worker accept an offer without a medical evaluation and to have injured worker forfeit any/all rights under the law.  The attorney representing the injured worker was summarily dismissed with cause.  TBI is  clearly and evidently not an area of his practice experience or expertise. Lawyer #3
MD – Orthopedic Surgeon 3/20/2013 Primary Treating Physician’s Orthopedic Spine Surgery Consultation with request for Authorization Lawyer #3
MD – Neurologist, unknown speciality, non-US trained 3/18/2013 Secondary Treating Physician, Neurological Eval (based on incomplete records provided by Defense and TBI is not an area of his practice expertise) Lawyer #3
MD – Orthopedic Surgeon 2/22/2013 Leave Accommodate Request report to Employer Lawyer #3
MD – Orthopedic Surgeon 2/15/2013 Primary Treating Orthopedic Spine Surgery Consultation with request for authorizations Lawyer #3
MD – Orthopedic Surgeon 1/9/2013 Orthopaedic Evaluation and request for treatment authorization Lawyer #3
 MD -Orthopedic Surgeon 1/9/2013 PTP Evaluation IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/12/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/6/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 12/3/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/30/2012 Visit, Treatment IN PRO PER
 LAB Corp 11/29/2012 Self-procured Urinalysis work REPORT requested by functional neurology doctor,, only scientifically based treating doctor to-date IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/27/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/21/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/19/2012 Visit, Treatment IN PRO PER
Functional Neurology: DC, FACFN, FABVR, CCST 11/16/2012 Visit, Treatment Lawyer #2 Lawyer #2 dismissed 11/17/12
Functional Neurology: DC, FACFN, FABVR, CCST 11/15/2012 Visit, Treatment Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/14/2012 Visit, Treatment Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/12/2012 Visit, Treatment Lawyer #2
 LAB 11/12/2012 Self-procured blood work REPORT requested by functional neurology doctor only scientifically based treating doctor to-date Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/8/2012 Visit, Exam Lawyer #2
Functional Neurology: DC, FACFN, FABVR, CCST 11/7/2012 Consultation Lawyer #2
 Phd – Clinical Psychologist 10/1/2012 Visit, Progress Report Lawyer #2
 PhD – Clinical Psychologist 10/1/2012 (Report) Lawyer #2
 Phd – Clinical Psychologist  /Associate – ? 8/7/2012 Visit, Progress Report Lawyer #2
 Phd – Clinical Psychologist  / associate – ? 7/17/2012 Visit, Progress Report Lawyer #2
 Phd – Clinical Psychologist  / associate – ? 7/3/2012 Visit, Progress Report Lawyer #2
 PhD – Clinical Psychologist 5/7/2012 PTP Referral Form Lawyer #2
MD – Psysiatrist 4/30/2012 Evaluation at Brain Injury Rehab center to dispute neuro-nazi unfounded neuro demands for epilepsy meds and his demand for DMV revocation of driver’s license hearing Lawyer #2
Optometrist 4/30/2012 Self-procured by demand of DMV hearing. Reimbursements requested but denied. Lawyer #2
Phd – Clinical Psychologist 4/23/2012 Neuropsychological Evaluation Lawyer #2
 MD –  Orthopedic Surgeon 4/20/2012 Orthopedic Consultation (initial) Lawyer #2
 Phd – Clinical Psychologist 4/19/2012 PTP Referral Form Lawyer #2
 PhD – Clinical Psychologist / 4/10/2012 visit Lawyer #2
 PhD – Clinical Psychologist /associate (neuro-psych?) 4/9/2012 visit Lawyer #2
PhD – EEG Neurofeedback Practioner 4/3/2012 EEG Neurofeedback Analysis Lawyer #2
DC – Chiropractor 4/2/2012 Visit Lawyer #2
 PhD – Psychologist 3/31/2012 visit Lawyer #2 Lawyer #2 retained 3/30/12
DC – Chiropractor 3/29/2012 Visit IN PRO PER
PhD – Psychologist 3/21/2012 visit IN PRO PER
PhD – Neuropsychologist 3/21/2012 Addendum to Neuro-psych Assessment IN PRO PER
DC – Chiropractor 3/21/2012 Visit IN PRO PER
PhD – Neuropsychologist 3/19/2012 visit IN PRO PER
DC – Chiropractor 3/15/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/14/2012 visit IN PRO PER
DC – Chiropractor 3/12/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/7/2012 visit IN PRO PER
DC – Chiropractor 3/7/2012 Visit IN PRO PER
PhD – Neuropsychologist 3/6/2012 visit IN PRO PER
MD, PhD – neurololgist, epilepsy/fibromyalgia specialty 3/6/2012 Visit IN PRO PER
PhD – Clinical Psychologist 3/1/2012 PR-2 IN PRO PER
DC -Chiropractor 3/1/2012 Visit IN PRO PER
PhD – Clinical Psychologist 2/25/2012 Physician Progress Report IN PRO PER
PhD – Neuropsychologist 2/25/2012 Neuropsychological Assessment IN PRO PER
DC -Chiropractor 2/23/2012 Visit IN PRO PER
 PhD – Neuropsychologist 2/22/2012 visit IN PRO PER
PhD – Clinical Psychologist 2/16/2012 Visit IN PRO PER
PhD – Psychologist 2/11/2012 visit IN PRO PER
DC -Chiropractor 2/8/2012 Visit IN PRO PER Lawyer #1 dismissed 2/8/13
MD – Radiologist 2/6/2012 MRI-Brain Lawyer #1
MD – ER 2/6/2012 Clinical Report Lawyer #1
MD – ER 2/4/2012 x-ray of the chest Lawyer #1
PhD – Clinical Psychologist 2/2/2012 visit Lawyer #1
 PhD – Psychologist 1/28/2012 visit Lawyer #1
MD Neurology (MPN) 1/23/2012 Referred to by PhD Clinical Psychologist 1/9/12; , later discovered was MPN provider, REFUSED TO SEE Injured worker when appeared for appointment.  Said they do not see WC patients. Lawyer #1
PhD – Clinical Psychologist 1/21/2012 visit Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 PR-2 Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 PTP Initial Report Lawyer #1
MD – Orthopedic Surgeon 1/21/2012 Work Status Report Lawyer #1
Labs 1/21/2012 Toxicology Report Lawyer #1 Lawyer #1 hired 1/20/13
DC – Chiropractor 1/19/2012 Visit IN PRO PER
DC – Chiropractor 1/18/2012 Visit IN PRO PER
DC – Chiropractor 1/16/2012 Visit IN PRO PER
PhD – Clinical Psychologist 1/14/2012 visit IN PRO PER
PhD – Clinical Psychologist 1/13/2012 Handwritten Status Report IN PRO PER
MD – Family Medicine 1/13/2012 PR-2 IN PRO PER
DC – Chiropractor 1/12/2012 Visit IN PRO PER
DC – Chiropractor 1/11/2012 Work Status Report IN PRO PER
DC – Chiropractor 1/11/2012 Visit IN PRO PER
MD – Family Medicine 1/11/2012 Doctor’s First Report IN PRO PER
MD – Family Medicine 1/11/2012 IC Office Visit IN PRO PER
MD – Family Medicine 1/11/2012 Work Status Note IN PRO PER
MD – Family Medicine 1/11/2012 Prescription Slip – MRI IN PRO PER
 MD – Radiology 1/11/2012 x-ray report (right ankle) IN PRO PER
MD – Radiology 1/11/2012 x-ray report (C/S) IN PRO PER
MD – Radiology 1/11/2012 x-ray report (T/S) IN PRO PER
MD – Family Medicine 1/11/2012 Visit IN PRO PER
MD – Family Medicine 1/11/2012 IC Office Visit IN PRO PER
DC – Chiropractor 1/9/2012 Visit, Evaluation, Treatment, off-work note IN PRO PER
DATE OF 1ST INJURY, 2nd injury “2nd impact” head trauma, neck, back, ribs shoulder again after abruptly terminated medical care at demand of employer 1/9/2012, 2/4/2012 1st – Approximately 8 am, Mountain Resort, Snowy Morning, in front of co-workers and manager; 2nd – Early morning of 2/4/12
LEGEND TYPE
BOLD, times new roman is from Defense firm 12/12 “Medical Index” provided to IW at WC Hearing of 12/18/12 wherein missing documents were again discussed. Corrections to  Urgent Care MD entries…defense shows 01/09/12…the first doctor on day of injury was Chiropractor, 01/11/12; non-bold entries indicate omitted records…. SEE earlier dated indexes showing adding in of some reports by defense, but not all
Adjuster indicated neither he nor defense counsel would dig through the files to find missing records, there’s ‘just too much paper’  in June phone call.

SUMMARY OF DOCTORS SEEN FOR TRAUMATIC BRAIN INJURIES: Draw your own conclusions. Hint. The brain oriented doctors have all been ‘self-procured’ as seeing orthopedic surgeons for traumatic brain injury just ‘doesn’t make sense’ to any thinking person.

roll my eyes out loud

2 chiropractors (one declined to treat due to paperwork confusion), 1 neuropsychologist, 3 clinical psychologists, 9 MDS (3 family practice, 5 orthopedic surgeons [for brain injury, d’oh!] 2 neurologists (1 with speciality in epilepsy/fybromyalgia and another with specialty practice in Electromyography and Electrodiagnosis), and others: 1 DC with specialty in functional neurology, 1 accupuncturist, 1 EEG neuro-feedback phD (who provided the only EEG, self-procured, unreimbursed), 1 physiatrist, 1 speech therapist (MA, CCC-LS LSP), 1 physical therapist, 1 optometrist, 1 neuro-optometrist, 1 vocational rehabilitation vision specialist, 1 doctor of unknown credentials who repeated tests taken within 30 days, causing ‘practice effect’ in results, and 1 forensic psychiatrist.

Requested but denied medical evaluations and treatments, since January 2012:

EEG, EEG Neurofeedback treatment, MRI – brain, cervical, upper back, right shoulder (brain self-procured, cervical authorized Apr 2013, Shoulder authorized July 2013), Continuing chiropractic (6 sessions authorized late Jun 2013, no providers willing to accept WC paperwork risks for failures to pay; requested seeing initial chiropractor and first doctor seen on date of injury); neurology evaluation with expertise in brain injury, physiatrist, functional neurology treatments, Neuro-Optometry evaluation and Vision Occupational Therapy, Occupational Therapy, Physiotherapy (6 sessions – cervical only- authorized 2013) – no extensions; 

Labor Code 4610 seems to be clear that “only a physician competent to evaluate the specific clinical issues that were within the scope o the physician’s practice can modify, delay or deny treatment plans.  The insurance company actions to deny specific clinical evaluations are then used as ‘evidence’ of lack of evidence to support demand for medical care.   Talk about a shell-game and Worker Comp Fraud!  Furthermore, the defense counsel has a pattern of omitting medical records to further skew the ‘medical evidence’ and to further deny reasonable and appropriate medical care. 

SELF-PROCURED REASONABLE, NECESSARY AND APPROPRIATE MEDICAL CARE, UNREIMBURSED TO DATE:

Jan 2012  $30

Feb 2012  $371 + 75

Mar 2012  $300 + 40

Apr 2012  $174.46 +40

May

Jun

July

Aug

Sep 2012   $40

Oct 2012    $40

Nov 2012 – $7,961.47

Dec 2012 – $2,030.16

Jan 2013

Feb 2013

Mar 2013

Apr 2013

May 2013 – $868.45

Jun 2013 – $30 + 160 + 160 + 184 + 322

TOTAL MEDICAL REIMBURSEMENT DUE

AND WAY PAST DUE:

$12,826.54 + penalties to be imposed by Court, at maximum;

For Brain MRI, Urgent Care Co-Pay, Lumosity Brain games thru April 2012, EEG, 2012 Eye Exam (DMV required after neuro-nazi attempted license revocation when non-indicated drugs were declined, Speech Therapy evaluation , Neuro-Optometrist Evaluation, VISION OCCUPATIONAL THERAPY, Physiatrist Evaluation, Chiropractic from 2012-February, March, April, September, October and June 2013, Functional Neurology Brain Based Treatments, Lab work.  Vocational VISION rehab ongoing, and self-procured treatments with brain injury specialists, as protected by LABOR LAW.

~~~

June 2013 –  Long term Goals of  VISION OCCUPATIONAL THERAPY (self-procured as it has been denied by insurance company since April 2012)

1. Pt will be able to negotiate at noisy, crowded novel, dynamic environment without difficulty showing improved visual spatial skills and decreased sensory overload.

2. Pt will be able to visual scan across busy environment such as street crossing with cars passing without dizziness reported or blurred vision.

3. Pt will be able to tolrate 4 minutes endurance run on the Dynavision completing minimum of 245 lights showing increased visual attention and awareness.

4. Pt will be able to organize reading material in a normal pattern and complete reading task without difficulty.

5. Pt will incorporate home program to assist with integration of learned skills for improved functional skills in home and community.

6. Pt will be able to scan and visually search in a non-random pattern being able to locate 10/10 items in the environment.

yoda wisdom of

Knight v. United Parcel Service and Liberty Mutual Insurance Company, 71 CCC 1423   In this case, the Board held that an employer or insurer’s failure to provide required notice to an employee of rights under the medical provider network (MPN) that results in A NEGLECT OR REFUSAL TO PROVIDE REASONABLE MEDICAL TREATMENT RENDERS THE EMPLOYER OR INSURER LIABLE FOR REASONABLE MEDICAL TREATMENT SELF-PROCURED by the employee.

Krueger v. Republic Indemnity Company of America, 28CWCR44 says I have the right to change treating doctors at any time pursuant to Labor Code S4060.  It also rules that AD Rule 9785 is invalid.   The case says AD Rule 9785 is invalid because it is inconsistent with the right of an injured worker to the “free choice of physician” guaranteed by Labor Code S4600.  Therefore, under this case I do not need to request a QME evaluation in order to obtain medical care.  Under the laws as set forth in the court case Emporium-Capwell Co. v. WCAB (Tidwell) 48CCC801 (1983), I have the right to change treating doctors at any time after waiting the appropriate time from the date of injury. 

Rhiner v. WCAB (1993), 4 Cal.4th 1213, 18 Cal.Rptr.2nd 129, 58 CCC 172 (California Supreme Court Case).  This very important case establishes that when an insurance company is guilty of unreasonable delays in paying benefits, the applicant is entitled to a 10% penalty based on the dollar amount of the entire benefit (“the entire species of benefit”) and not just on the improperly delayed portion of the benefit….past, present and future.

Knight v. United Parcel Service and Liberty Mutual Insurance Company, 71 CCC 1423   In this case, the Board held that an employer or insurer’s failure to provide required notice to an employee of rights under the medical provider network (MPN) that results in A NEGLECT OR REFUSAL TO PROVIDE REASONABLE MEDICAL TREATMENT RENDERS THE EMPLOYER OR INSURER LIABLE FOR REASONABLE MEDICAL TREATMENT SELF-PROCURED by the employee.

Krueger v. Republic Indemnity Company of America, 28CWCR44 says injured workers have the right to change treating doctors at any time pursuant to Labor Code S4060.  It also rules that AD Rule 9785 is invalid.   The case says AD Rule 9785 is invalid because it is inconsistent with the right of an injured worker to the “free choice of physician” guaranteed by Labor Code S4600.  Therefore, under this case the injured worker not need request a QME evaluation in order to obtain medical care.  Under the laws as set forth in the court case Emporium-Capwell Co. v. WCAB (Tidwell) 48CCC801 (1983), the injured worker have the right to change treating doctors at any time after waiting the appropriate time from the date of injury. 

Under LC S5814, applicant may be entitled to a sum equal to 25% of the value of the treatment or service denied, if the doctor requires authorization for a medical procedures or treatment and the insurance company unreasonably delays or refuses to authorize it.

cosmic intent

How can the lawyers involved claim a right to any compensation for their unconscionable ignorance and failures to adequately represent an American with Diagnosed AND TREATABLE Disabilities…… ??

They failed to perform legally contracted for representation, and must be subjected to disciplines and sanctions, not rewarded for their parts in the horrors the injured worker has been subjected to.   Is there no policing or continuing education required in the legal gutters??  Minimally, they must be prevented from ever representing another brain-injured worker until and unless they are educated to competently do so.  To lose their license to practice law in California would be too light a sentence, from the perspective of the injured worker, whose injuries were not alleviated, nor was reasonable and appropriate medical care facilitated by any of the three lawyers.Bellini   Hydra  OWS

Lawyer #1 –— wasn’t really a lawyer—the lawyer did a 3 second-meet-and-greet and the firm’s office administrator does the intake, provides legal opinion, determines the type of doctor for primary treating physician (in this case, it was determined that an ORTHOPEDIC SURGEON was required for the brain injury.)  That orthopedic surgeon wrote down brain injury complaints as ‘headache’ and stressed, by way of word and action example, to expressed and tearful concerns about the brain injury, “Look, if I kicked you in the leg, it would hurt, but it wouldn’t mean you were injured”.  0.o     Then he proceeded to recommend a chiropractor in his office, twice a week.  When that was met with a “That’s a hundred miles round trip, twice a week.  I have a brain injury.  I need to see a doctor for my brain, and I can’t drive that much.”  He then asked, “You’re not working are you?” “Then, you can drive.”   0.o    That issue escalated quickly and an attorney friend (who had sadly referred to this firm) and a retired judge encouraged immediate dismissal and deal with the Bar later.

grumpy cat stupid

Lawyer #2 — wasn’t really a brain injury expert, and his workers comp skill level was minimal.  He dismantled the first ‘treatment team’ the injured worker had painstakingly organized, with the adjuster, to include a clinicial psychologist, a neuro-psychologist, a brain-MRI, and one neurologist (who sadly specialized in epilepsy and fibromyalgia, not traumatic brain injury) and was a total nightmare on his own.   Lawyer #2 has ‘his own’ doctor, who was a 3 -hour drive from the injured workers home, had a lesser credential than the first testing neuro-psychologist, only saw the injured twice in 8 months, and had ‘chat therapy’ sessions provided by one of his associates, of unknown credentials.  He did write with a Mont Blanc pen and had a very fancy office with great view of Pasadena, through the smog.  He had a plan for further neurology evaluations, EEG neuro-feedback treatments, neuro-optometry and vision therapy….. NONE OF WHICH HAPPENED.

373904_108997595883860_100003208595731_54447_1057147537_n   organized crime

PTP, upon receipt of a threatening letter from defense attorney about his alleged failure to ‘write a report’ on time (which defense attorney had been sent, with proof of service, multiple times….patterns).  After that, he determined injured worker was close to healed and could go be a greet or clerk.  Clearly sexist-discrimination in his consult, suggesting that a cognitively impaired woman could be a clerk or administrative support person.  He was clearly looking to keep his QME license clear, and to not overly-annoy the defense counsel.

~~

Then lawyer #2 alleged to prepare for a deposition, when all along he had apparently been seeking a premature settlement, which he secured an offer for $100,000 in November 2012—AND ATTEMPTED TO COERCE INJURED WORKER TO ACCEPT IT, as there was ‘no evidence’ of injury …………. except for the diagnosis and requests for treatment and denied evaluations.   Injured worker had a enough remaining marbles and advised that a settlement offer could not be considered without a valid diagnosis and prognosis.  He got paid for the aborted deposition, he made sure of that.  Injured worker has yet to receive mileage reimbursement for even that.

~~

grumpy cat  keep talking  i always yawn when i am interested

Injured worker then without any delay immediately sought a brain injury evaluation and commence self-procured treatment, then dismissed the attorney, who clearly had no clue of diagnosing or treating and representing a brain injured worker.  The initial consultation was free, and it was such a relief to speak with an intelligent doctor who was very familiar with brain injury, and better yet, he has training in rehabilition and functional neurology, scientifically evidenced and measurable medical treatments.

Lawyer #3 was hired in January 2013, at the onset of more threats of more legal-mumbo-jumbo and deceptions and continued denial of medical care by the defense attorney, a non-physician, from a family of ‘bone doctors’. (Skulls and Bones??!!)   #3 was a ‘cantankerous old goat’ resting on laurels of yesteryear, and had a staff that couldn’t even read a simple list of ‘omitted records’  and failed to keep any agreement with injured worker, and against wishes of injured, agreed to an AME not with a neuro-psychologist, but with a forensic psychiatrist of very questionable behavior and judgement.  Lawyer #3’s office failed to ensure all medical records were provided to AME doctors, as had been adamantly requested by IW at the time of hire.  This lawyer was arrogant in his response to the omitted records by stating ‘there is no conspiracy to omit records. You have major psychological issues and I suggest you get help immediately.’

~~

The injured worker responded in writing that psychological support was one of the often denied requested medical authorizations, and was he suggesting self-procured treatment, even though his office had no clue on how to deal with self-procured medical treatment, medical and miles reimbursements, or finding other than an ORTHOPEDIC SURGEON for a brain injury as a primary, and looked for a ‘pain specialist’ for the brain component….. CLUELESS AND VICIOUS.  The only ‘butt kicked’ was that of the injured worker.

GRUMP CAT  STUPIDITY

~~~~~~~~~

12 Frequently Asked Questions
about
California Workers’ Compensation Law

1.   Now that I got hurt on the job, can I make that down payment on the Mercedes?

2.  What about all the wages I’m losing?   And that I can’t bowl or have sex anymore?   I’m losing WAY more than what Workers’ Comp. is paying me!   That’s not fair!   Can they get away with this?

3.  Ok, I filed my claim and, after the insurance company stopped laughing, they DENIED it!   This bothers me. What about medical treatment? What can I do to make them live to regret how shabbily they’ve treated me?

4.  I’m sure my medical problems are caused by work but I can’t pinpoint a specific incident.   Am I out of luck?

5.  For how long can I get medical treatment, Answer Man?

6.  What if I can’t go back to my job?   Is that when I make the call to Dr. Kevorkian?

7.  My doctor’s report is a worthless pack of LIES!   How can this quack have the “final word” about my injury?

8.  I hate my job AND my boss.   They’re both driving me NUTS!   My spouse can’t stand me … and I kick the dog.   How do I file a STRESS CLAIM??????

9.  Wait a second… Color me CONFUSED!   I can’t do this alone!!   I need help!   How?

10.  We all know lawyers are just below pond-scum on the food chain (nothing personal). How can I prevent these low-lifes from RIPPING ME OFF (if I’m unfortunate enough to need one to help me)???  

11.   I have a lawyer right now and I’d be better off cramming long, sharp objects into my eyes!   How do I dump this idiot?   How do I get my file?     Can he still get a fee from me?   Could he take my soul if I truly believe he’s Satan?

12.  How could there be only 12 Frequently Asked Questions???   That seems an odd number.   Are you odd?   There must be more than 12 questions to ask!   Haven’t you left out a lot I should know?   Why?

http://workinjury.com/12-faq.htm#12

The above is dated information, but the principles are sounds and sassy.  The California Workers Comp laws changed dramatically in January 2013, so do your own research, draw your own conclusions, and remember, it’s hard to find a competent workers comp applicant attorney, and if you want a smart one, with cognitive abilities and knowledge of brain injuries, good luck if you don’t hire them on the first shot.  Nevermind that brain injury causes poor judgement and slow processing….. Lawyers seem superstitious (or stupid and greedy) and seem to have a monopoly on ‘first hire’ is it, as few others will take on a botched up legal mess, not even when a life depends on it.

~~~

How do lawyers look away when someone pleads for life-saving help??  Pitiful, evil and pitiful.

Sonderkommandos, on the whole…. and they seem to think they’ll get out of this alive.

ASK ABOUT PSYCHOPATHS NOW.

psychopaths in power know  do you

HERE ARE SOME RESOURCES, SHARE YOUR RESOURCES; SUBMIT YOUR STORIES AS A GUEST BLOGGER!  

WE ARE THE MEDIA NOW AND FOR THAT WE ARE RESPONSIBLE.

ASK ABOUT WORKERS COMP GRAVY TRAINS:  FB  PAGE:  https://www.facebook.com/AskAboutWorkersCompGravyTrains

BRAIN INJURY ADVOCATES:   An Activist’s Go-To Handbook…. the book:  http://braininjuryadvocates.com/  by Susan Hultberg  http://braininjuryadvocates.com/book-back-cover

CALIFORNIA WORKERS’ COMP – How to Take Charge When You’re Injured on the Job – Christopher A. Ball –  http://www.nolo.com/products/california-workers-comp-work.html

brave strong humble

yOda (2)