#WorkCompsters Dispute Location of Body Part known as BRAIN? D’oh
Want a peak into the world of a #WorkComp #Brain Injury Survivor?
Thanks #Wyndham, #Grancell, and #CNA, and all the #WCAB peeps and #CAAA lawyers who couldn’t/wouldn’t help me! @ProPublica
[New TBI Survivor asks if anyone ever has challenges getting groceries home after shopping diligently…]
Linda: Wait till you start using lists, and really focus on tasks at hand…then get everything on the list and leave a bag or two of paid groceries in the cart and wonder for hours where the stuff is that was checked off on the list…. unsure emoticon
Or when you splurge on some great hair products and can’t find them to save your life…. for months, then find them in a cupboard where they don’t belong… gasp emoticon …. Welcome to the World of Traumatic Brain Injury Survivors….!
Have you seen a Speech Therapist yet? Occupational Therapist?
They helped me see that I can easily do tasks with TWO – STEPS. That third step can really kick butt…. like making coffee: 1) put coffee in maker 2) turn pot on 3) wonder why coffee is spilling all over the counter; find pot in dishwasher; try again; 1) put fresh dry coffee in maker; put pot in maker 3) wonder why coffee isn’t done yet….. unsure emoticon
[ Another new TBI Survivor asks if anybody else sleeps all the time ]
LINDA: I slept most of the first year. COGNITIVE FATIGUE is a real butt kicker. Sometimes after a long drive to a doctor’s evaluation, I had to find a safe shopping center to park and rest. Sometimes I still have to find a safe place to nap while travelling here and there. I carry a blankie. unsure emoticon
One idiot neurologist actually wanted me to drive 100 miles each way to his office WITHOUT SLEEP and only HIS office with HIS technician for a ‘sleep deprived EEG’ that second month.
Wow, I told the lawyer I was injured not stupid, and requested a smarter neurologist. The response? Termination of benefits, and begin of the ‘kicking to the curb.’ ‘Curb kicking’ went into full motion, with other bullying and terrorism practices by ‘the Defense’ upon clear diagnosis of brain injury, and hasn’t stopped yet; ongoing since January 9, 2012. Yeah, in America! Ain’t that awful.
WorkCompsters apparently only treat brain injury in California with the ‘rest and wait and wait and wait and wait till you’re kicked to the curb, they hope you die’ program.
Wyndham has paid the big premiums for that sort of WorkComp Insurance Policy for it’s injured workers from CNA aka America’s Casualty insurance firm. It’s pretty similar in other states and nations. Same crowd of #WorkCompsters?
My friend and teacher, Michelle Wild, just recently released an Apple app for the brain injured population. It is called Manage My Fatigue. YOU could write a great article about Michelle Wild and her 25 plus years of work helping people with brain injuries develop compensatory strategies… She also has a website called making cognitive connections… I think the address is ID4theweb.com. There is a wealth of information there… Worth checking out.
My date of injury was January 9th 2012… Living without much working memory… is another butt kicker… as is the rule about ’embrace the new you’… Easier said than done. ☆♡◇☆♡◇☆ #InjuredWorkersUniting #SilentNoMore
Thank you for your invitation to connect on LinkedIn.
What a surprise!
Please let me know if I have information that can help you make a positive impact on the lives of InjuredWorkers in America and elsewhere.
I bring a perspective to the table that few are willing to consider.
I believe my own case is not unlike that of Romano Trust vs. Sedgwick, except that I am still alive to fight the good fight. (In addition to TBI, shoulder surgery was recommended for me, but having read about Romano case, I declined, pending alternatives to surgery. The defense counsel suggests I’m unable to grasp the complexities of Labor Code, but the following looks pretty simple and easy to understand:
“Similarly, in United States Cas. Co. v. Industrial Acc. Com. (Moynahan) (1954) 122 Cal.App.2d 427, 435 [19 Cal.Comp.Cases 8], the Court said:
“Section 4600 of the Labor Code places the responsibility for medical expenses upon the employer when he has knowledge of the injury. … [ffl|] The duty imposed upon an employer who has notice of an injury to an employee is not … the passive one of reimbursement but the active one of offering aid in advance and of making whatever investigation is necessary to determine the extent of his obligation and the needs of the employee [emphasis added].”5 “
Then CNA objected to the shoulder as an approved ‘body part’, and an Orthopedic QME has been in the works for nearly 365 days. They terminated benefits nearly immediately when they received diagnosis of closed head trauma/traumatic brain injury. They got away with it, too. Tsk tsk tsk. Maybe not in a Federal Court, one day.
My ‘case’ is “not usual” according to many “Super Lawyers.” How unfortunate for America’s working class that the majority of attorneys fail it’s #InjuredWorkers.
Injured Workers have some ideas for the legal peeps, too; we can help you ‘find the money’ that you have been unable to successfully negotiate for yourself.
That up-to-15% tin cup, divided up with incompetent predecessors, makes helping injured workers economically ridiculous, so I am told. It has to change, so you can successfully represent the previously poorly represented, without financial hardship to your firm, or giving away money to attorneys who failed to perform and protect the injured workers that trusted them and retained them.
Or, injured workers, in pro per, will establish vendor networks and break the monopoly the ABA seems to have on WorkComp legal issues. Can’t we all just work together, and get along? Compatible goals would include immediate and appropriate medical care, and expedited return to work processes, and cut out all the dubious file churning. These are lives at stake, not just “cases” and “files.” BE HUMAN!
I suspect that WyndhamWorldwide may be looking for new #WorkComp insurance carrier and defense firms in the foreseeable future.
The CNA handling of my case has been very poor for nearly 3 years. The legal counsel has been extremely sloppy, imho. The timeshare industry on the whole is probably nearly as profitable as the insurance industries, so that could be a business opportunity in progress.
I would like to see every InjuredWorker provided with a copy of THE ART OF WAR by SunTzu to study during any work related recovery and rehabilitation. It could minimize casualties.
It’s been brought to my attention that it is somewhat of an industry standard to terminate benefits upon diagnosis of a “brain injury” or any significant or potentially catastrophic injury.
My diagnosis was February 2012, repeatedly reiterated by more than 30 medical evaluations that did not result in treatments.
For some reason, people in WorkComp often confuse an evaluation and recommendation for treatment with actual treatment, even though the costs are often higher for reports. My benefits were terminated in April 2012, what a coincidence. Court orders, intervention by Adult Protective Services, local politicians, and local Crisis Center have free up funds, periodically. It is what could be considered to be a ‘low grade financial terrorism’ and abuse.
Nearly $30,000 in personal funds has been spent to stay alive and get treatment. Defense apparently has no intentions to reimburse, not even reimbursement of miles to “primary treating doctors” [a PTP is State designated Orthopedic Surgeon to be seen every 45 days to request medical care with brain specialists that is consistently denied by doctor and lawyers without expertise in TBI.] Fortunately, the Salvation Army intervened so that I would have have heat and lights last year. Oh my.
Social Security Disability has been denied twice, as the reviewers do not deem full cognitive abilities are required to sell ‘timeshare’….even if speech is dysfluent, short-term memory severely impaired, compounded by grave disorganization and attention deficits, easily lost to and from home and moreso to and from new places, to name a few cognitive challenges.
SSDI because it’s inconvenient for an insurance carrier to act and provide coverage in accordance with policy terms? Does the State Controller know? How about the Taxpayers? Governor? Audit time?
Cost shifting from a paid WorkComp Insurance Policy to the State seems…. rather odd, doesn’t it? California seems to reward non-payment of benefits to injured workers by insurance carriers in thousands of dollars per incident. Is there sufficient money in State coffers to put injured workers on social services lines?
It has taken Court Orders and Judge time to get basic pain relief such as chiropractic and acupuncture, with total disregard to MTUS and ACOEM and common sense guidelines for immediate interdisciplinary treatment. Is that really the best use of Court time??? It took 15 months for physical therapy authorization of 6 sessions. One “independent” industry doctor stated that since the injured worker (me) didn’t get brain injury care in the first two years, and being “over 35″….. no treatment would be recommended? He teaches neurology at UCLA. God help the next generations!
Is that an EEOC direct hit? 1. Gender 2. Age. 3. Disability.
At one point, the carrier called from Chicago to ask, among other things, in light of non-treatment for nearly 3 years, “…when ARE you going to die?” More recently, defense counsel suggested a ‘court appointed conservator’ since there is such non-acceptance to torture delivered via WorkComp systems and procedures. #DomesticTortureReports-2015 seem necessary and a logical next step.
Since actual numbers of TBI victims reach well into the many millions, it is easier to see how such a risk management strategy of fast-and-potentially-lethal denials could develop as a cost-savings remedy for carriers.
What is your experience or policy regarding treatment for brain injuries? Is it more than CNA’s 3-year plan of a few chiropractic, a couple of acupuncture, and a couple of clinical psychology visits, and when pressed, 16 days in the third year to include speech therapy, occupational therapy, and non-specific physical therapy?
Does return to work ever factor in for closed head trauma, in your experience, or is that age and gender sensitive also?
Here are two more books that could prove mutually beneficial to the Brain-Injured Populations, and those who purport to serve them.
As a “Finalist” in the #WorkCompLaude 2014 category of InjuredWorker, I have been blessed to meet some of the good people in the WorkComp World, many aghast at my story, or my telling of it.
As I often say, “WE DO NOT HAVE THE RIGHT TO REMAIN SILENT!”
Let’s ensure that more nominees are included in all categories are included in the 4th Annual #CompLaude Awards Gala on December 5, 2015!
Asking for assistance from NAIDW.org may prove beneficial to all concerned in the Great Good.
Let’s also see if we can talk David DePaolo of WorkCompCentral into making it a NATIONAL EVENT….EVEN AN INTERNATIONAL EVENT!
Some of us envision State Committees of Correspondents convening and nominating to applaud the applaudable and to indict the indictable.
This story about #Nuclear Workers at #Fukushima seems to illustrate the practices of Corporate responses to Work Injuries and Deaths, globally: