Got WorldMark? Got Wyndham? Got Timeshare? Got #WorkComp Headaches?

Hello, and thank you for the add to: Worldmark The Club (aka: Worldmark by Wyndham), Owners Group

Wishing all WorldMark by Wyndham owners and guests many years of fabulous vacations. It’s a great product and Wyndham has some great employees to make your vacations as wonderful as possible!

cognitive dissonance turbulence

I was injured while working at WorldMark by Wyndham Big Bear in 2012; a witnessed slip and fall backwards on ice, causing a brain injury… I am stilll waiting for treatment, and the treatment by Wyndham’s insurance carrier and defense counsel has been horrific. Wyndham HR has simply shrugged with ‘not my job’ attitude when pleaded with for help.

Here are links to part of my story, for anybody interested……If you own your own business or if you are an employee, you need to know about #WorkersComp in America, and how it impacts you and yours, today and tomorrow.

COGNITIVE DISSONANCE

For more on Timeshare and RTW, also see:
https://askaboutworkerscompgravytrains.com/2014/07/02/ps-i-have-a-confession-by-a-timeshare-sales-executive-tbi-survivor/

#WorkComp #RTW Woes?! Just a “Circle Jerk”?! D’oh http://t.co/mOXeoGlpAE
If you’re not yet following this blog and sharing with your friends,…

Take it to TUG. Take it to ARDA… and to your friends and neighbors….people deserve to know how the mega billion dollar timeshare industry kicks it’s employees to the curb… PROFITS BEFORE LIVES, BY ANY MEANS NECESSARY. Bummer.

At the next Shareholders meetings, you might demand an audit of the Work Comp insurance and defense costs…. and hold them accountable for what seem to be escalating costs, while providing no medical treatment and thereby consequent tremendous harm to at least one injured Wyndham Worker.

Those of us who have been around the planet a while know that how people and companies do one thing, is pretty much how they do everything…..

Wyndham is a good product. Their human resources department needs a complete overhaul. Know that the next ‘owner update’ you attend, just for the gift…. is a part of the predatory capitalism in play….

ele cognitive dissonance

Be well, and find your voice!

Enjoy your Vacations!  #OccupyWorldMark  #OccupyWyndham #OccupyTimeShares

“WE ARE THE MEDIA NOW”

By Any Means Necessary… #WorkComp RTW

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

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

Stewart Reubens

SReubens@grancell-law.com

Managing Shareholder, Novato

State Bar of California Board of Legal Specialization

Grancell, Stander, Reubens, Thomas and Kinsey

A Professional Corporation

7250 Redwood Blvd. Suite 370

Novato, California 94945

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

www.grancell-law.com

 

Re:   Linda Ayres vs WyndhamWorldwide et al    

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

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

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

PLUS MAXIMUM PENALTIES PROVIDED BY LAW  

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

No legit doctors would agree…. Just sayin…

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

Dear Mr. Reubens:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

 

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

 

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

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

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

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

Or 2 years, 6 months excluding the end date

Alternative time units

912 days can be converted to one of these units:

  • 78,796,800 seconds

  • 1,313,280 minutes

  • 21,888 hours

  • 912 days

  • 130 weeks (rounded down)

 

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

.

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

 .

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

 .

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

 

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

 .

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

 .

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

 .

TIME IS OF THE ESSENCE FOR MEDICAL TREATMENTS AND REIMBURSEMENTS.

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

.

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

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

 

.

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

.

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

 .

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

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

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

Sincerely,

Linda Ayres, In Pro Per

Injured American Worker; TBI Survivor

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

 

Linda Ayres 2011

 

(PRE-TBI Photo)

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

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

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

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

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

IMAGINE ALL THE PEOPLE

WE ARE THE MEDIA NOW…. JOIN US—

‘WE FIGHT EVIL YOU DIDN’T EVEN KNOW EXISTS’  NOW YOU KNOW.

 

Einstein: Those Who have the Privilege to Know have the DUTY to Act.

brain concussion tbi

“EVERY DAY IN EVERY WAY, I AM

GETTING BETTER AND BETTER!”
PROOF OF SERVICE

 

RE:   LINDA AYRES V. WYNDHAM WORLDWIDE ET AL

WCAB CASE NO. ADJ8181903  CNA E3269102WE

STATE OF CALIFORNIA

 

“WE ARE THE MEDIA NOW.”

 

#MicCheck: Injured WORKERS OF THE WORLD UNITE? d’OH!

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

wc workers-comp-fraud  if your company lies

 

“IF YOUR COMPANY LIES ABOUT …YOUR ACCIDENT OCCURRING AT WORK, YOUR COMPANY HAS COMMITTED FRAUD”

Does that mean if doctors lie about the accident occurring at work, they, too, have committed fraud?

How about the Insurance Adjusters and Defense Attorneys?

DOES ANYBODY KNOW HOW TO REACH THE DOJ ABOUT THESE ISSUES?

THE OFFICE OF THE DISTRICT ATTORNEY APPARENTLY CANNOT BE BOTHERED.

Liberty face palm

 

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

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

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

workers of the world unite

DEAR 1%,

WE FELL ASLEEP FOR A WHILE.

REBOOTING.

#WORKCOMPCRIMES UNDER INVESTIGATION.

What do YOU know about #WorkCompCrimes by Americans against Americans??! Did you know….

WE ARE THE MEDIA NOW. EXPECT US.

 

https://askaboutworkerscompgravytrains.com/2014/06/28/dear-1-we-fell-asleep-for-a-while-rebooting-workcompcrimes-under-investigation/

 

WWW MMM 13

Have YOU read them ALL yet? Did you FOLLOW? Did you SHARE? Do you have a Workers Comp / TBI story to share?

Do you have a Guest Blogger… List of Posts – ASK ABOUT WORKERS COMP GRAVY TRAINS  https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

 

INJURED WORKER RESOURCES …… ADD TO IT! WE ARE THE MEDIA NOW.

FRIENDS HELP FRIENDS HOLD CRIMINALS ACCOUNTABLE FOR THEIR ACTIONS….

https://askaboutworkerscompgravytrains.com/about/

www meme 4

WE ARE THE MEDIA NOW…. JOIN US—

‘WE FIGHT EVIL YOU DIDN’T EVEN KNOW EXISTS’  NOW YOU KNOW.

lisa and bart the whole damn system is wrong

Einstein: Those Who have the Privilege to Know have the DUTY to Act.

duty to act

FOLLOW THE MONEY. Video for Study and Sharing… DEFENSE AGAINST THE PSYCHOPATHS

“EVERY DAY IN EVERY WAY, I AM

GETTING BETTER AND BETTER!”

IMAGINE ALL THE PEOPLE

 

“EVERY DAY IN EVERY WAY, I AM

GETTING BETTER AND BETTER!”

Hooray! #Wyndham #RTW Return To Work Prospects for #TBI Survivor

TO WHOM IT MAY CONCERN: Looks like I might get released to return to work soon!  Hoooray! Persistence Pays off! 

.
Hey, Imagine this! It’s summer time, people are thinking about vacations to escape from their lives and you own a timeshare, any time share. Nawww, for this example, let’s say you are a #Wyndham owner.
.
I don’t remember all the different levels of ownership (i have been off work for nearly 1,000 days; their doctors call it a ‘headache’ but real doctors call it a variety of themes on CLOSED HEAD INJURY, TBI, Concussion, Post Traumatic Concussion Post Traumatic Brain Injury Syndrome (PTBIS), but I do remember a goal for all salespeople is to get all qualified owners to “Platinum”….. Strategies include, with the help of “the closers”, to close ‘by any means necessary’…..
.
(Some of their doctors says it’s just a headache combined with age and poor anger management skills and a consistent “GAF” of 55-60…D’oh! )
.
So, you arrive at the sales office, anywhere, Big Bear, Indio, Sedona, Las Vegas Honolulu, Lahaina, Rome, Chicago, New York, your local resort area, wherever…. for your “FREE GIFT” in exchange for 45 minutes of your time.
.
Your sales agent does a stellar job of showing you how another investment of thousands and thousands of dollars will enhance your vacations and ensure fabulous vacations for you, your kids and your friends…for generations.
.
You politely decline the offer to upgrade.
.
The salesperson’s demeanor drops. Tears fill her eyes. She starts swearing at you, then sits on the floor and sobs hysterically, saying, “OMG, this is soooo goood for you. HOW CAN YOU SAY NOW” or words to that effect. You calmly say, “We’re leaving now, we want our gift. Good luck to you.”
.
And the sales agent, sobbing, says, ‘BUT THE DOCTORS SAID MY HEADACHES WOULD GO AWAY IF I TOOK ANALGESICS, AND IN DON’T HAVE A HEADACHE RIGHT NOW, AND THEY SAID MY CORRECTED VISION IS 20/20 SO THERE’S NOTHING WRONG WITH ME. THIS IS A GOOD UPGRADE FOR YOU, WHY WON’T YOU BUY IT?!!! LET ME GET THE CLOSER, I MEAN, LET ME GET THE MANAGER, HE MIGHT BE ABLE TO GET YOU TO UPGRADE….. SIT THERE, WE’RE NOT DONE, WE HAVE 20 MORE MINUTES OR YOU GET NO GIFT. YOU’RE FREE TO GO, WITHOUT A GIFT. YOUR CHOICE. WHAT WILL IT BE………….!!!!!!
.
You look at one another and quietly sit, waiting for ‘the closer’ with the big hammer.hammer this is not a drillTO BE CONTINUED……~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Awww, that wasn’t a real story, but it could be since the #TBI. The Defense Counsel mentioned that I have a remarkable ‘propensity for writing’ and he received approximately 4 boxes of legal material, and most of it was mail and emails from me. He insinuated he would not be reading it.He put our communications on a twice-a-month maximum, even though I assured him I don’t want no lawyer-pen-pal and that I just want medically necessary medical treatments for closed head injury of 1/9/12 (and consequent second impact injuries of 2/4/12 along with related orthopedic injuries; treatment authorization withheld for all since date of injury, and gross negligence and bad faith actions have been the norm.)

He also advised me to have no contact with the Insurance Adjuster nor my Employer, #WyndhamWorldwide.

Geeeez, I’m representing myself and if I was a real attorney, I think his request would be …… wrong. Whatever.

He said if I did communicate with them, he has instructed them to not respond. HOW ON EARTH AM I SUPPOSED TO GET APPROVED FOR RETURN TO WORK. NO DOCTORS WILL BE RESPONSIBLE TO RELEASE ME, AND I AM NOW NOT ‘ALLOWED’ TO CONTACT MY EMPLOYER TO ORGANIZE ACCOMMODATION REQUESTS AND A RETURN TO WORK DATE?

under the bus

Their doctors say there is nothing wrong with me, just an occasional headache, age, poor anger management when bullied and terrorized, and vision is corrected to 20/20 with therapeutic lenses prescribed, with complete report, by a Neuro-Optometrist. (that they refused to pay for, too! and have no knowledge of how vision is with the brain, not the eyes, d’oh! Neurologists are a goofy crowd, arent’ they…. If you get a brain injury, see a neuro-optometrist as soon as possible…by any means necessary…along with an acupuncturist….and any other ‘experts’ you can find…THE BRAIN IS A NEW FRONTIER….. GIDDYE UP)

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

 

So, yesterday I interviewed yet another attorney. I had an appointment with a guy attorney, and when I got there, they said I would meet with some lady.  Tsk. My eyes tear up, and off I went, sobbing an unable to talk. I said, “But I was referred to Mr. ___. Who is this lady? Is she an attorney? I just drove 90 minutes to get here, and they said we could do it over the phone, but I have had such bad experiences with attorneys, I wanted to look him in the eye before considering releasing my case to him or his staff”….sobbing commences….. and the very nice receptionist brought a box of tissues.

It was a ‘casual day’ for the attorney, but he came out to meet me, and chat a few minutes, and assured me that his colleague would be a powerful ally, if they took my case. I stopped crying, met the other attorney, and found her to be very helpful, kind, knowledgeable and street wise. They declined to help; not because there’s no case, but because it’s so convoluted and I know it better than anybody, so they encouraged me to continue to represent myself. D’oh. Oh well. She also suggested that I am far better off than most people who come to their offices. THAT’S A BUMMER, BECAUSE A HIGH IQ TBI SURVIVOR APPEARS ‘NORMAL’ (at times! ;D ) but it’s like people can’t see the neurons mis-firing, so they falsely allege there is ‘no immediate danger’.

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

Brain Injury Advocates

Brain Injury Advocates

The Emergence of the People with Acquired Brain Injury Human and Civil Rights Movement

Authored by Susan C Hultberg 

https://www.createspace.com/3601205

http://www.braininjurynetwork.org/news.html

~~~~~~~~~~~~~~~~~~~~~~~~~
FURTHERMORE….. Swearing and Emotional Outbursts….seem to be a common occurrence for for some #TBI Survivors. Here’s a real story:

In March, in meeting yet another ‘head doctor’…. I had a 2 pm meeting. Even to get around in towns I know, I need to fully prepare. I print a google map, and use GPS, give myself an extra hour to get somewhere, I call it the ‘lost factor’ and I cross my fingers. I arrive at 1:45. I park and find the right building in the complex. I find the suite number. There are painters everywhere. THE DOOOR IS LOCKED. Fighting panic, I calmly call the doctor’s office to confirm date, time, location (sometimes I get those way wrong!)…. I GET VOICE MAIL. Fighting panic, I ask a painter for help. “Could you, please, knock on the door louder? They have to be there. I have a 2pm appointment!” while fighting back tears. The kind painter smiles, knocks and says, “There was someone here earlier, maybe they will be right back.”

NAIDW TBI AWARENESS

TEARS FILLED MY EYES. I SLUMPED TO THE FLOOR AND WITH BACK UP AGAINST THE WALL, SOBBED HYSTERICALLY.  (This is becoming a pattern; I’m told they ‘have a drug for it’…. D’oh!!!) A Property-Management-Looking Lady walks by with a Painter and I stop them and say, “DO YOU HAVE AN EMERGENCY NUMBER FOR THE DOCTOR?” With raised eyebrows, looking at me sobbing on the floor, she calmly says, ‘Is there an emergency?’ I said “YES. I HAVE A 2 PM APPOINTMENT AND IT’S AFTER 2 PM AND THE DOOR IS LOCKED”…..Sobbing…..waiting for a response. She said, “I may have a number in the office, I’ll be right back.”

SO, THEN ALONG COMES ANOTHER LADY, and looks at me sitting on the floor, sobbing hysterically. It’s the doctor. She says, “The door was unlocked, I had to go out for a moment.” Still sobbing, I said, “NO IT ISN’T UNLOCKED. THE PAINTER EVEN TRIED BOTH DOORS.” Apparently, the earlier patient locked it on his way out. I GOT UP OFF THE FLOOR, WALKED INTO HER OFFICE, AND WE PROCEEDED WITH THE FIRST VISIT, AS IF NOTHING WEIRD HAD JUST HAPPENED.

HALF-WAY THROUGH SHE SAID, ‘You know, that little event outside is NOT UNCOMMON for someone with a head injury.’ I gasped and said, “OMG, it happens more and more often. Last time I was at Court, it was heinous with the fraud and bullshit and when I got outside the Court building, I found a bench and sobbed hysterically, as if my life was over. They even called Security to see if I was ok. Then, the nice Judge walked by, a little later, as I was trying to get to my car, and all my files had spilled out of the cart on the steps to the parking area. He kindly helped me to the car and told me not to drive until I was more composed…It was a 2 hour drive ahead. So yeah, the Judge has seen my meltdowns, in and out of Court!

#############

BUT, THE #WYNDHAM, #GRANCEL#CNA doctors say I’m just fine, so by logical deduction, that would lead me to believe I’m about ready to be returned to work.

The Head Doctor has been out of the country…. and in April, she indicated I had about a 6 month window to get medical treatment, or this is as good as it gets.
TIC TOC THANKS #WYNDHAM. LET’S GET THAT RETURN TO WORK PROGRAM IN MOTION, AND WE’LL SEE IF I NEED A CRYING ROOM OR SOMEPLACE ‘SAFE’ AS AN ADA ACCOMMODATION.

Or, as previously mentioned, create a new position so I can help your HR Departments ensure that the horrors I have been subjected to by the gross negligence of your staff and the terrorists activities of your agents happen to no other American Workers. Who knows, maybe this horrible series of events can encourage #Wyndham TO LEAD THE WAY IN LEGITIMATE HANDLING OF WORK COMP INJURIES. IT WILL COST LESS IN THE LONG RUN…. REMEMBER REMEMBER….SEVERAL DOCTORS HAD ADVISED THAT …WITH MEDICALLY NECESSARY TREATMENTS…I MIGHT HAVE RETURNED TO WORK IN 2012.

www meme 16

The Orthopedic Doctor’s report of June 6, 2014 has been delayed, and his office said, “OUR HANDS ARE TIED. THIS IS AN ORTHOPEDIC OFFICE AND YOU NEED A BRAIN DOCTOR.” Quietly, I said, “I know they have threatened to take your off their referral list if you continue to ATTEMPT to get medically necessary treatment for my well diagnosed brain injuries. I requested repeatedly a brain specialists, and the Defense, in collusion with the WorkComp Information Officer, insisted that I see your doctor, Orthopedic Surgeon, and that HE WOULD BE RESPONSIBLE FOR ORGANIZING MEDICALLY NECESSARY REFERRALS AND TREATMENT BY SPECIALISTS. IF YOU COULDN’T DO THAT, YOU SHOULD HAVE DECLINED IN FEBRUARY 2013, NOT NOW, AFTER MONTHS AND MONTHS OF FAILURES TO GET MEDICAL CARE FOR ME. YOU TELL THE DOCTOR HIS REPORT IS NEEDED AS I AM STILL FIGHTING FRAUDULENT DENIALS OF MEDICAL CARE, AND HIS LAST REPORT WAS OMITTED FROM THE CURRENT REQUEST BY THE ADJUSTER AS WELL. THE DOCTOR KNOWS WHAT TIME IT IS. TELL HIM WHAT’S HAPPENING NOW.

I’M HANGING UP NOW, AS I AM BEGINNING TO LOSE MY TEMPER. WE SPOKE FRIDAY, AND NOW IT’S WEDNESDAY. WHERE’S THE REPORT? IT WAS DUE WEEKS AGO.

ASK ABOUT WORKERS COMP GRAVY TRAINS NOW…..SAD BUT TRUE:
https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

WE ARE THE MEDIA NOW. WE DO NOT…FORGET….BUT IF WE DO FORGET DUE TO #TBI….FRIENDS DON’T LET FRIENDS FIGHT WORK COMP CRIMES ALONE.

EXPECT US.

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

~~

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

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