Is there a limit to the number of felony counts per #WorkComp case in California? Is there a limit to the number of indictments for Unclean Hands?

 “…You know, I would not be in this mess if it was not for Wyndham’s  Workers Compensation schtick.  Without it…”

Opinings by Injured Worker on how different the Outcome of the workplace injury may have been without WorkCompster interference.  Legitimate medical care, swift and expert, could have made the difference between return to work in 2012, and permanent disabilities and looking at Assisted Living and Memory Care for the near future.  WTF Wyndham, what’s wrong with you people?!

Swearing WTF

How many evaluations are required for how many years before an Injured Worker gets medical care for a Brain Injury and release for return to work? 4? 5? 10? 20? That sure is starting to sound like “never, we hope you die” plan, doesn’t it?   47 face to face evaluations, and approximately 20 CorVel employees and “Physician Advisors” on reams of regurgitation reports, written by what seems to be rapid-fire-copy-and-paste and make stuff up if not known, due to lost or omitted medical records.

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Most all the doctors who have touched this case to date are listed, with the SSA exceptions.  Their “clinical psychologist” suggest that although neuro-optometrists reported severe vision processing issues, that I could consider a new career as a “crossing guard” (Goodness, would you want your kids helped across busy streets by a disabled person with auditory and vision processing issues, untreated issues?! Kid hater, huh?)   It’s shocking.  The list will be sorted soon by CompLaude nominees and ProPublic investigations nominees, for what it’s worth.

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How important is an ENT evaluation when neurologists, neuro-optometrists, physiatrists, orthopedic surgeons and chiropractors and neuropsychologists have have all made very extensive reports with very comprehensive treatment recommendations for nearly 4 years?  File c-h-u-r-n-i-n-g…..?  It is a felony?

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How about when it includes deceptions and false statements and omission of medical records with intent to deny medical care?  Golly, it’s too much, and recent correspondence from defense seems to suggest they have “Judges in their Pockets”…. Bummer.

we the people dec

Hi Tina,  [Wyndham Worldwide representative] Thanks.  I’ll look forward to hearing from you early next week.

share thoughts

My patience is real thin these days, as so much more harm has been caused to me in the continuous pattern and practice of delay/deny/deceive in hopes that I die.  3D is what NFL families call such treatment.  I’m not sure what CNA calls it, “Business as Usual” or just  “Profits Before Lives By Any Means Necessary”?

charlie brown and lucy

Stewart and Fred don’t respond either.

Linkedin rankings 9 5 2015 135 pm

I was recapping my story to someone today and said out loud, “You know, I would not be in this mess if it was not for Wyndham’s  Workers Compensation schtick.  Without it, I would have been able to see legitimate doctors, get legitimate evaluations, legitimate AND IMMEDIATE MEDICAL CARE, and the probability that I could have returned to work in 2012 was high.  One doctor, Ponton, as you may recall, tried to release me to work in October 2012, despite his failure to secure medical care and expert evaluations.

I remember the first neuro-pscyhologist said that with speech therapy with cognitive remediation, I’d probably return to work in a few months.   That was February 2012.

Instead of legitimate care, I have had to fight for my life, spend a small fortune on getting basic medical care for survival, and find the most vile legal chicanery I’ve never seen before in my life.

Now I get to think about “assisted living” and “future medical” and “dementia” and “epilepsy”  since I didn’t get anything close to what legal guidelines for medical care for a clearly diagnosed head injury merits, and I’ve been bullied and badgered and threatened and abused by the “defense” and their leased/owned doctors who seem to lie on demand for the big bucks,  and zero help from the insurance carrier.  Even the CNA mis-statements of benefits to multiple agencies continues to cause me harm.

I spoke to Coastline Acquired Brain Injury Program  today, as today was the “drop out deadline”…. I cried a lot because I told them how excited I was that Sunday, 8/23/15, to be returning, then I got your email pretending like you never got the message that since I hadn’t heard from anyone, August RTW was out, and we were back on 12/14/15 schedule.  Then, because of more chicanery, and now the ENT evaluation court gig is pushed to October….. and ….. well, as you can see, if I had legitimate insurance coverage, I would have even had legitimate EEGs, MRIs, speech and occupational therapy, vision therapy and more… all in 2012, and back at work.  Wyndham employees –as you well know, have terrific benefits.

 

Coastline assured me I am welcome back any time, and we set a tentative goal of October 19th, so that I will have only missed a few weeks.  By then, the CNA/SSA/EDD skewed mess of who paid what may be sorted and I can resume what little hopeful strategies are next.  Since another two weeks have gone by that you couldn’t repond, and it looks like anther week or more for anything tangible to be addressed….I’ll aim again for return to Coastline 10/19 and return to work 12/14/15.   I am not sure if your communication response times meets guidelines of reasonable, but I see there is nothing I can do about that either.

My life has been destroyed because I tried to help my co-workers get in to the office when we were locked out during a snow storm?   Nearly 4 years of my life gone…. and the future looking quite grim.

I hope, Tina, you have learned something from the harm that has been caused to me.  The FBI agent asked, out loud, how can they sleep at night. as I told some of the horrors I have experienced at the hands of the Wyndham Worldwide mockery of a work comp program.  I just told the agent, “Well, psychopaths have no trouble sleeping.  No compassion, no empathy, and they simply pretend to be human.”

Another holiday weekend coming up for all complicit in harming me….. and I have yet another empty weekend in limbo, wondering what’s next.

I am doing all I can to encourage other Injured Workers in America to share their stories with the good peeps at ProPublica… you might have seen that new blog….. maybe you’ll find time to read it this holiday weekend:

GET INVOLVED WITH PROPUBLICA–BECAUSE THEY HAVE THE ARTILLERY TO HELP INJUREDWORKERS SURVIVE?

Thanks for your response.  Talk soon.  I don’t know why you can’t just tell me when the next sales training classes are, so at least I could have a bit of hope about something.

Sincerely,

Linda Ayres, In Pro Per

 

PS

Will someone from some Law Enforcement Agencies kindly review this complaint, and send it to the DIR et al for further investigation?  DOJ probably needs a copy for ongoing RICO violations?  Don’t be scared of the insurance industry thugs…. they seem to be mostly cowards and psychopaths, who take delight in harming injured workers.  They would never last in a penitentiary.

 What kind of Department would demand that someone with a Brain Injury represent self after failures to retain competent legal counsel that understand that there IS A DIFFERENCE BETWEEN A BROKEN FINGER AND A TRAUMATIC BRAIN INJURY?  What kind of society would allow such of abuse, for the profits of the few.   

Here is a quote we thought you might find interesting.  “Every worker in California is protected by state laws governing the right to be paid correctly, be safe at work and receive benefits if they are injured on the job,” – Christine Baker     https://www.dir.ca.gov/DIRNews/2014/2014-75.pdf

4 out of 5 voice say GO FOR IT

Super Lawyers in California say this case is not unusual, AT ALL.  MY MY MY.  Hardly seems legitimate, does it?  Be sure to read the letter to Human Resources below, that explains how if there was WORKERS COMPENSATION maze and hoops to jump through, legitimate medical care may have resulted in return to work within months, not the ongoing charade of file churing that has been continuous for nearly 4 years.  With legitimate health insurance, the process would have been simplied to:  1) see a doctor 2) see specialists as recommended 3) get treatment 4) return to work.

Current status is yet another delay, with ADA violations and Civil rights violations for a Court Hearing on a Petition for an Order to Compel yet another evaluation, this time by an ENT doctor.  Note, Injured Worker objects to yet another evaluation, with more than 200 pages of medical records omitted with apparent intent to continue to deny medical care, inaccurate placement of medical records create a false impression of an EEG with clearly diagnosed brain injury as of “2010” and…..misleading statements by defense firm to continue the misleading statements and false allegations perpetrated by the Defense and supported by certain AME/QME doctors and the Information and Assistance Officer.

I found this on Facebook...seems true. Is there Civil Code to go with it?
I found this on Facebook…seems true. Is there Civil Code to go with it?

False/incorrect statements of disability benefits have apparently provided by the carrier to agencies such as EDD and SSA. EDD rewarded the carrier with a bonus of nearly $20,000 for cost shifting and for refusing to pay TTD and for refusing repeatedly to provide medical care.  Penalties for failures to pay in accordance with the law have not been received, and the WCAB – Audit unit has a swath of complaints against all parties, as Injured Worker has had to pay more than $43,000 for medical miles, medical evaluation (including MRI and EEG) and medical TREATMENT.

Take a look at the list of doctors.  Can you tell which have been naughty, and which have been nice, and which will likely rely heavily on the 5th Amendment of the Constitution of these United States of America.  The “officials list” of possibly complicit parties is also available to ‘proper authorities’.

tbi and ice

ADJ8181903 – Witnessed slip and fall backwards on ice in Big Bear California, January 9, 2012 – Brain Injury

WorkComp Authorized Treatments, with Primary Treating Physician with a Specialty in Orthopedic Surgery: 

By 3/2015, the good doctor’s office said, ‘Obviously, it has to be very clear to you that they are not going provide you with any medical care whatsoever.  You have seen how they have refused to authorize any specialists, specialty care or evaluations.  We had to change the right shoulder injury, well documented in 2012 and MRI confirmed in 2013, to non-industrial or they have threatened to remove our offices from their referral lists.  It’s not personal, it’s just business, and we have to release you now…. go find a brain doctor, we can’t help you. That’s work comp.’

Is THAT form letter from CNA, or is this an industry standard?
Is THAT form letter from CNA, or is this an industry standard?

2012 – chiropractic, some clinical psychology sessions

2013 – physical therapy, acupuncture

2014 – neuro-psychology support,  and 24 x speech therapy, occupational therapy, more physical therapy, more chiropractic

2015 – still waiting

ASK ABOUT WORKERS COMP GRAVY TRAINS JAN 1 2015
https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/

See more details here:  MEDICAL INDEX OF DOCTORS SEEN IN PERSON….using how many ICD-9 Codes?  Use the blog search key for more.

EVALUATIONS ARE NOT TREATMENTS

  1. Dr. Jaime Whitlock – DC
  2. Dr. Jay SanVictores – MD, GP – Urgent Care
  3. Dr. Daniel DeGoede – Clinical Psychologist
  4. Dr. Esmail Sebti – Neurologist
  5. Dr. Gurvinder Sunny Uppal – MD, Orthopedic Surgeon
  6. Dr. John Lambros – MD, ER
  7. Dr. Christopher Hancock – MD, Radiology
  8. Dr. Eileen Kang – NeuroPsychologist
  9. Dr. Stephen Waldman, MD, Neurologist
  10. Dr. Lynda Wells – PhD, EEG NeuroFeedback Practitioner
  11. Diana Wallace, Acupuncturist
  12. Dr. Marcel Ponton – Clinical Psychologist, Neuropsychologist
  13. Dr. Gunn, Neuropsychologist
  14. Dr. Khalid Ahmed – MD, Orthopedic Surgeon
  15. Dr. Hoang – Optometrist
  16. Dr. Nguyen – Optometrist
  17. Dr. David Patterson – MD, Physiatrist
  18. Dr. Tyson Chung – Clinical Psychologist
  19. Dr. Gilbert Jaudy, DC – FACFN, FABVR, CCST, Functional Neurology
  20. Dr. Jacob Rabinovich, MD – Orthopedic Surgeon
  21. Dr. Bijan Zardouz, MD – Neurologist – QME
  22. Dr. James O’Brien, MD – Forensic Psychiatrist, AME
  23. Julie Simmons- MA, PSY.D
  24. Dr. Darren Bergey – MD, Orthopedic Surgeon
  25. James Lanier, PA
  26. Crystal Crites, PT, MPT
  27. Jennifer Diemart, MA, CCC-LSLP
  28. Dr. Eric Ikeda – Neuro Optometrist
  29. Debra Outlette, MS, OTR/L
  30. Don Risser, Acupuncturist
  31. Dr. Ronald Kent – MD, Neurologist, QME
  32. Dr. Lynn Lowell, OD, FAAO, FCOVD
  33. Dr. Seymour M. Young, MD – Neurologist
  34. Dr. Hilda Chalgujian, Neuropsychologist
  35. Dr. Michael Lobatz – MD, Neurologist
  36. Jessica Martinez, OTR/L, HTC, PAM
  37. Kelly Owen, MA, CCC-SLP
  38. Margaret Fuller, MA, OTR/L
  39. Rebecca Askew, MPT
  40. Suzanne Carr, DPT
  41. Catherine Fabian, AuD
  42. Julie O. Johns, AuD, CCC-A
  43. Dr. Jeffrey Holmes – MD, Orthopedic Surgeon
  44. Dr. James Pasino – Neuropsychologist
  45. Dr. Jay Jurkowitz – MD, Neurologist
  46. Hoag Memorial – ER
  47. Dr. Christian Reichart, DC

doctor strike

CORVEL TEAM SINCE 2013, 3D Practices — They even harm Cops, right Mayor Betsy?  Did the Unions get to the bottom of the bad behavior by Corvel out in Ft. Worth yet?  You should see how Injured Cops and Firefighters are treated in California. Shameful, indeed!  Reams of Denials via CorVel for ADJ8181903! (Chronoloical Order, 2013 to present….notice a pattern of expertise of denying parties?)  CorVel reports tend to be convoluted regurgitations of disorganized and incomplete medical records, violations of HIPPA rights, and inappropriate reviewers for types of injuries.  Readers may opine that the submitting RNs wrote the reports, poorly and incoherently, for the most part.   (Regurgitated and Obfuscated Reports are an apparent pattern and practice of CorVel teams)

  1. Grace Napoles, RN – Utilization Management Department
  2. Keith Louwenaar, MD – American Board of Orthopaedic Surgery, CorVel “Physician Advisor”
  3. Kevin Patterson
  4. Cathy Arnett
  5. Joanne Palladino, RN, MSN, CNS – Utilization Management Department
  6. Lailannie B. Matthews, RN, BSN – Utilization Management Department
  7. H. Leon Brooks, MD, American Board of Orthopaedic Surgery
  8. Angie Garber
  9. Sloane R. Blair, MD – American Board of Orthopaedic Surgery
  10. Linda Grant
  11. Melinda Rubel, RN – Utilization Management Department
  12. Maureen E. Mackey, MD – American Board of Physical Medicine and Rehabilitation
  13. Lexi-Welanetz-Bursin, Psy.D., CA – Clinical Psychologist
  14. Jean Caldwell, RN BS CCSM JC
  15. Kenneth L. Nudleman, MD – American Board of Psychiatry and Neurology
  16. Harish Porecha, MD
  17. Jennifer Tayag-Castillo, RN, BSN – Utilization Management Department
  18. Elena Vega, Supervisor, Utilization Management Department
  19. Jeannie Romero, RN – Utilization Management Department
  20. Lorne S. Label, MD – American Board of Psychiatry and Neurology

 

MAXIMUS FEDERAL SERVICES, INC.

Dr. Paul Manchester, MD, MPH – Medical Director, Specialty, Neurological Surgery

WC DOCTORS

CONCUSSION IS CONTROVERSIAL – WORKCOMP AND NFL USE 3D PLAYBOOK? “DELAY-DENY-DIE”

WORKERS’ COMP TRAIN WRECK –  WHO HAS BEEN NAUGHTY AND WHO HAS BEEN NICE?

Who will be added to the WorkCompCentral CompLaude Awards nominations list?

Who will be added to the ProPublica/NPR/Beacon investigations list?

Capture WYN COUNT ON ME PROGRAM

Sent: Fri, Sep 4, 2015 3:20 pm     Subject: Recent communication

Hi Linda,

 

I am in receipt of your emails and am reviewing the information.  I will get back to you as soon as I can next week. Thank you for your patience, we will talk soon.

 

Sincerely,

Wyndham Vacation Ownership

Regional HR Director – Southern California

Capture WYN COUNT ON ME PROGRAM

 

EVALUATIONS AND MORE EVALUATIONS…… HOW MANY UNCLEAN HAND? HOW MANY FELONY COUNTS IF THERE WAS EVER AN INVESTIGATION?

In the observed slip and fall backwards on ice by Wyndham Worldwide Vacation Ownership Sales Executive Linda Ayres on 1/9/12, the following people have been involved in the case, evaluations and determinations of care for a well diagnosed concussion/traumatic brain injury/closed head injury/ptsd and more.  Summary statements in this blog:  Surviving Work Comp — Just Do It!

Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there!” – Bob Nichols, VT

WE ARE THE MEDIA NOW THANK YOU

 

2 of 3 WorkComp MAGIC Money Math or FOLLOW THE MONEY on the WorkComp Gravy Train

xmas naughty or nice

WorkCompCentral 4th Annual CompLaude Awards Gala is coming up…. Mark your calendar for Saturday, December 5, 2015.

BTW, August 31, 2015 is the deadline for submissions of YOUR nominees for the WorkCompCentraCompLaude Awards. After the recent news about Director Christine Baker, it seems that the need for your to dig deeply into your database to find good people doing good stuff in America’s work comp system has never been greater.  Here’s the link again.

On the who’s been naughty and who’s been nice, WorkCompCentral has the ‘nice” list being covered, and looks like ProPublica and #InjuredWorkersUniting will simply have to continue cover the ‘naughty’ lists and enlist support, #TEO!

CompLaude 2015 Nominees

For Injured Workers, the need has never been greater for us to tell our stories. We need a #CommitteeOfBloggers.  Tell your story to the good peeps at ProPublica…..they may not be able to get the whole truth out there, but they’re doing a damn good job creating some cognitive dissonance.   Look ’em up under The Demolition of Workers Compensation and find the link to SHARE YOUR STORY aobut “What Happens When Americans are Hurt on the Job? Help ProPublica Investigate” because, afterall, WE ARE THE MEDIA NOW.   #InjuredWorkersUniting  #SilentNoMore.

xmas naughty or nice

HAVE YOU BEEN ALSO BEEN CHEATED OUT OF DISABILITY BENEFITS AS WELL AS DENIED MEDICAL CARE FOR YEARS, CAUSING PERMANENT DISABILITIES TO YOU, TOO?   WE’RE NOT ALONE.

NAIDW 54 million plus

BUT WAIT! THERE’S MORE!   AM I MISSING SOME CALCULATIONS HERE??!!!  NOBODY AT EDD/SSA/CNA/MATRIX/ADVOCATOR/WYNDHAM SEEMS TO BE ABLE TO HELP OUT EITHER.  IT’S IN THE ‘TOO HARD’ PILE EVERYWHERE….

The skewed and repeatedly mis-stated numbers have Social Security Administration in a super quandry over retroactive Social Security Disability benefits.  First, they sent $_____________ to a dead bank account, and the Treasury Department kindly intervened.  Then they sent a letter saying, whoooops, miscalculated, send us back $______ (more than the original amount) within 30 days, or else we’ll terminate all your benefits, but you can appeal it.

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Then it was discovered they generously overpaid the law firm by $1,500 which was reimbursed immediately in June back to SSA, but SSA had apparently just processed that repayment, so they sent a follow up letter acknowledging the reimbursement and reduction in the demand for funds from Injured Worker by same amount.

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Weeks have passed and SSA has been unable to return calls to the Advocator handling the case.  The time to appeal is fast approaching, hence, this outreach via the internet.  ARE THERE ANY FORENSIC ACCOUNTANTS OUT THERE?  OR CAN THE STATE CONTROLLER’S OFFICE HELP?    (3 OF 3 WILL FILL IN THE BLANKS ON AMOUNTS FOR SSA/EDD/CNA FIASCO…IT’S A TOUGH SHELL GAME TO FIGURE OUT—–> PARTICULARLY WITH A BRAIN INJURY.

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I JUST KNOW IT AIN’T RIGHT….  and it’s in the “too hard” pile on too many desks, another example of ‘obfuscation of facts’ with intent to deny benefits and further harm injured worker?  Sure looks like it, huh?  Not even experts can sort it out.

SOCIAL SECURITY FOLLOW THE MONEY TRAIL

CNA aka American Casualty refused to pay TTD from 4/15/12 – 2/14/13 — and there are extenuating circumstances involving not only WCAB Courts, but Information and Assistance Officers and EDD parties.  Adult Protective Services, State Senator and Assemblyman’s office helped to break the stranglehold that resulted in Injured Worker having to apply for Social Welfare, Public and Private Assistance, including help from the Salvation Army for utilities in early 2014 because of this practice which is apparently “done all the time” according to CNA Adjuster, Daniel Elliott.

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Reimbursement discount was ‘negotiated’ by defense firm with EDD, apparently without any State oversight, and a Judge on appeal said it was ok.  Apparently, some Judges think it’s ok for the State to give away taxpayer dollars to big insurance companies.

[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

 Amout Period Issue Date
1/9/2012 1/21/2012      1,304.30 2 1/20/2012
1/23/2012 2/5/2012      1,304.30 2 2/3/2012
2/6/2012 2/19/2012      1,304.30 2 2/16/2012
2/20/2012 3/4/2012      1,304.30 2 3/2/2012
3/5/2012 3/18/2012      1,304.30 2 3/15/2012
3/19/2012 4/1/2012      1,304.30 2 3/29/2012
4/2/2012 4/15/2012      1,304.30 2 4/12/2012
!!!!!!!!!! !!!!!!!!  !!!!!!!!!! !!!!!! ____ Weeks Late; 25% penalties +++
2/15/2013 2/28/2013      1,298.82 2 2/27/2013
3/1/2013 3/14/2013      1,298.82 2 3/13/2013
3/15/2013 3/28/2013      1,298.82 2 3/27/2013
3/29/2013 4/11/2013      1,298.82 2 4/10/2013
4/12/2013 4/23/2013      1,298.82 2 4/24/2013
4/26/2013 5/9/2013      1,298.82 2 5/8/2013
5/1/2013 5/23/2013      1,298.82 2 5/22/2013
5/24/2013 6/6/2013      1,298.82 2 6/5/2013
6/7/2013 6/20/2013      1,298.82 2 6/19/2013
6/21/2013 7/4/2013      1,298.82 2 7/3/2013
7/5/2013 7/18/2013      1,298.82 2 7/17/2013
7/19/2013 8/1/2013      1,298.82 2 7/31/2013
8/2/2013 8/15/2013      1,298.82 2 8/14/2013
8/16/2013 8/29/2013      1,298.82 2 8/28/2013
8/30/2013 9/12/2013      1,298.82 2 9/11/2013
9/13/2013 9/26/2013      1,298.82 2 9/25/2013
9/27/2013 10/10/2013      1,298.82 2 10/9/2013
10/11/2013 10/24/2013      1,298.82 2 10/23/2013
10/25/2013 11/7/2013      1,298.82 2 11/6/2013
11/8/2013 11/21/2013      1,298.82 2 11/12/2013
11/22/2013 12/5/2013      1,298.82 2 12/4/2013
12/6/2013 12/19/2013      1,298.82 2 12/18/2013
12/20/2013 1/2/2014      1,298.82 2 12/30/2013
1/17/2014 1/30/2014      1,298.82 2 1/29/2014
1/31/2014 2/13/2014      1,298.82 2 2/12/2014
!!!!!!!! !!!!!!!  !!!!!! !!!!!!! ___ Weeks late; 25% penalties +++
2/14/2014 4/24/2014      6,494.10 9 4/18/2014
4/25/2014 5/8/2014      1,298.82 2 5/7/2014
   49,393.52 75
 C NA PAID TO IW WEEKS PAID
104 weeks per Labor Code, weekly rate questioned, but at $1,298.82 x 52 checks = $67,538.64
C N A  Reimbursed $31,400 to EDD on 4/29/14  for paying IW $49,49,422 from 2012-2013 because C N A refused to despite Court demand:
 $       31,400.00 = 24.17579 weeks 99/weeks  effective payment?
Lump Sum Permanent Disability Advance
$5,000 1/30/2015 (subrogated by private LTD carrier?!!)

52 additional weeks of disability benefits to have been provided by the State, when the WorkComp system fails after the first 104 weeks, would have meant an additional benefit of 52 weeks x $961/week or $49,972.

So, if CNA had paid 104 weeks at  $649.41 (eow check $1298.82) that would have been:  $67,538.64

And if EDD has paid 52 weeks at $961/week that would have been:   $49,972

Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64    Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).  

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This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care?  Is that a mere coincidence?   These numbers alll jumble all over my brain.   Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.  

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This is where it gets real real fuzzy…. that will be documented, with PDFs of all of ths in 3 of 3 – WorkComp MAGIC Money Math…  

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This seems to happen all the time, to many injured workers…..nobody seems to know how the sad tales end.  

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You’ll know how this one ends, count on it!  Maybe you will even read about it in a ProPublica Report!  ;D

Back pay caper of May 2014 RE WC from SSA print out
2/14/2012 $1,676.96
2/28/2012 $1,304.30
3/13/2012 $1,304.30
3/27/2012 $1,304.30
3/31/2012 $372.66
4/15/2012 $1,397.47
4/16/2012 $712.80
5/17/2013 $6,865.19
7/30/2013 $3,803.68
10/12/2013 $742.18
10/4/2013 $6,123.01
12/25/2013 $6,865.19
3/4/2014 $4,082.01
1/19/2014 $2,319.32
5/8/2014 $6,030.24
C N A paid me $44,903.61
EDD paid approximately $47,922.00 difference EDD gave to C N A, not IW
EDD discounted back to C N A, collecting: $31,654.00 $16,268.00
  of the $31,654 EDD sent me approximately ($21,000.00)
C N A  5/8/2014 Notice states they paid a total of $82,092.04 – they did not.  See above and figure in discounted payback to EDD
See also 9/23/14 statement from C N A Weeks * $
1-9-2012 to 4-15-2012 TTD at $652.15 per week 13 weeks 8477.95
2-5-13 to 5-8-14 TTD at $649.41 per week 38 weeks 24677.58
Reimbursed EDD for period of 1/28/2012 – 3/4/2013 for a total of $31,400. 48 weeks 31171.68
Fred Sachs, C N A 64327.21
99 weeks
C N A alleged total paid $82,092.04 for 1/9/12 – 5/8/14 $82,092.04
C NA  alleges “We have paid the 104 weeks of benefits”
(law says 104 weeks + additional 52 by EDD afterwards as required)
THE MATH DOESN’T ADD UP

The question arises, how many unclean hands did that “negotiated discount” pass through before making it’s way back to EDD?  If this is done all the time, how many times must that discounted $18,000 be multiplied to determine how much money leaves the State in favor of Insurance Profits??

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If every State provides such “negotiated discounts” (aka “kickbacks”??!!)…. how much money is lost by such cost shifting by the State?

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Further cost shifting involves shifting to Social Security Administration, also implicated in this convoluted mess, and they are spending weeks and weeks and weeks of labor hours trying to sort out the calculations.  See below for more on that.  Treasury Department has even had to become involved in May, and will likely need to jump in again before all is said and done?

WC SHELL GAME TIMES HOW MANY INJURED WORKERS

According to the State of California Department of Industrial Relations, here’s the ideal regarding Temporary Disability benefits:

http://www.dir.ca.gov/dwc/TemporaryDisability.htm

But wait!  Is CNA aka American Casualty, THE ONLY INSURANCE CARRIER WITH SPECIAL PRIVILEGES AND DISCOUNTS afforded by DIR no matter what harm is caused to California Injured Workers?  Have any politicians approved these little … what do we call it…. incentives???

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Here’s what they say about attorneys:  http://www.dir.ca.gov/InjuredWorkerGuidebook/FAQsAttorney.pdf   (The warnings are quite inadequate–InjuredWorkers will create some new information for those new to the system. If you make a mistake retaining an attorney who freely violated the ABA Code of Ethics, you’re in for an awful ordeal, and they hang on like leaches to a file, preventing legitimate/competent attorneys from taking over their messes.

.

The In-Pro-Per community is a market overlooked by most WorkCompsters…. #InjuredWorkersUniting — perhaps with teams of Paralegals, the WarOnWorkers can be won, SunTzu style, with a Rag-Tag Army of Injured and Disabled Patriots and Others.  Just sayin…THINK OUTSIDE OF THE WORKCOMP GHETTOS.

.

See the gaps in which CNA failed to pay a Wyndham Worldwide Injured Worker? Does that mean 25% of each late payment, up to $10,000 is now due and payable, with sanctions?  Who absorbs that extra cost?

.

That looks like 45 weeks and 4 days?  So would that would be 25% of…. ($1298.82 divided by…. times 45… no, times 22.5 which equals $29,200) so 25% of $29,200, or $7,300.  Is that correct?  So, if you multiply a practice of cheating injured workers like that times how many million injured workers are there, the plot thickens, huh?

.

There’s a rule about penalties for failures to reimburse medical miles which CNA also scoffs at.  Complaints have been filed repeatedly with the Audit Unit; hopeful that Wyndham/CNA’s turn is coming up soon on auditors.   Out of pocket medical expenses for this injured worker have exceeded $43,000.  It seems to be a standard that injured workers who are able to, will often spend more than $50,000 in personal funds to survive the WorkComp system.  Some grand bargain, huh?  Wish for WorkComp only on your most despised enemies, huh?

.

“TD payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to work, or when the doctor releases you for work, or says your injury has improved as much as it’s going to.”

.

APPARENTLY NOT IN CALIFORNIA!  Does the State Controller know how EDD assumes risks for insurance companies then deeply discounts payback, which also deprives Injured Worker of the additional 52 weeks of State Disability, assuming that the first 104 weeks without medical care failed to result in employee death?

.

If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment”   Ooooops, last TD payment was when?  Shown as 5/8/14?   Does that mean that some sort of estimated PD vs. receiving nothing for months and months and months was due?  

.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment.

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

Here’s the revised Chapter 5, How it Works     TEMPORARY DISABILITY BENEFITS

What happens if I don’t get my payments on time?

Is the claims administrator required to pay a penalty for delays in TD payments?

“Is the claims administrator required to pay a penalty for delays in TD payments? It depends. The claims administrator must pay you an additional 10 percent of the payment, if: • The claims administrator sends a payment late; and • You filed a claim form for your injury more than 14 days before the payment was due. This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims administrator can’t determine, in the first 14 days after your employer learned about your injury, whether TD benefits must be paid and sends you a delay letter as explained above. You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay…”

When do TD payments end? TD payments end when:

• Your treating doctor says you can return to your usual job (whether or not you actually return to work); or

• You return to your usual job or to modified or alternate work at your regular wages (or at wages associated with a maximum limit on TTD payments); or • You have reached a point where your condition is not improving and not getting worse. (When this happens, your condition is called “permanent and stationary.”); or

.

• You were injured on or after January 1, 2008, and received up to 104 weeks of TD benefits within five years from the date of injury, or you were injured sometime on or after April 19, 2004, through December 31, 2007, and received up to 104 weeks of TD benefits within two years from the start of payments. (Workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, or chronic lung disease may receive up to 240 weeks of TD benefits within five years from the date of injury.)

.

When TD payments end, the claims administrator must send you a letter explaining why the payments are ending. The letter must list all TD payments sent to you. This letter must be sent within 14 days after your final TD payment. If your treating doctor says that you will never recover completely, you may be eligible to receive permanent disability benefits or a supplemental job displacement benefit. See Chapter 7. Permanent Disability Benefits, and Chapter 8. Supplemental Job Displacement Benefit  [Ooooops, CNA didn’t do that either…. ]

.

[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

.

http://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter7.pdf

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“What are permanent disability benefits?”

“Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don’t have to lose your job to be eligible for PD benefits. On the other hand, if you lose income because of a permanent disability, PD benefits may not cover all the income lost.”

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“Other Benefits Besides PD If you have a permanent disability, you may also be eligible to receive: • Medical care for your injury, described later in this chapter. • A supplemental job displacement benefit. To learn about this benefit, see Chapter 8. • Other financial help, such as Social Security disability benefits and benefits offered by some employers and unions. To find out about these benefits, use the resources in Chapter 9”

.

When do I receive PD payments? If you have a permanent partial disability, you are eligible to receive the total amount of your PD benefits spread over a fixed number of weeks. If you have a permanent total disability, you are eligible to receive PD payments for the rest of your life. PD payments are due as listed below, except as follows: If your employer offers you work that pays at least 85 percent of the wages and benefits that you were paid at the time of injury or you are working in a job that pays at least 100 percent of the wages and benefits that you were paid at the time of injury, you will not receive PD payments until after a workers’ compensation judge approves a settlement of your case or decides on the PD benefits you will receive. If neither of the above is true:

If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment.

• If you weren’t receiving TD benefits, you should receive the first PD payment within 14 days after the claims administrator learns that you have a permanent disability caused by your injury. After the first payment, PD benefits must be paid every 14 days. PD payments end when you reach the maximum amount allowed by law or when you settle your case and receive a lump sum. Note: This lump sum is reduced by the PD benefits that you already received, including any lump sum advances.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment. This is true even if there was a reasonable excuse for the delay and even if the claims administrator sends a letter explaining the delay. (Note, however, that this penalty is not required if you did not file a claim form for your injury.) You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay.

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

GRAVY TRAIN WRECK

EDD PICKED UP THE COSTS FOR TEMPORARY DISABILITY BENEFITS FOR THIS INJURE WORKER BECAUSE CNA REFUSED TO PAY TTD, ALTHOUGH AGREED UPON IN A COURT HEARING.  THE ADJUSTER INDICATED THAT THEY DO IT ALL THE TIME.  REALLLY??  THE INFORMATION AND ASSISTANCE OFFICER COULD ONLY SAY, ‘Look, the order says they would resume paying “if necessary” so apparently your Dr. Ponton didn’t think it was necessary.”  Really, he continued to call me temporarily totally disabled in every reported, omitted and not, to the Carrier and to WCAB and to EDD, so what part of that could be misunderstood as being “not necessary”????!!!

.

For the records, EDD paid over an intermittent period, ending in mid 2014 for final reconciliation, after numerous appeals, a total of approximately $49,400 ….negotiated a discount of Injured Workers Benefits or Your Tax Dollars, providing the WorkComp carrier what appears to be an award for approximately $18,000 for REFUSING TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS IN ACCORDANCE WITH LABOR CODE, AND FOR CAUSING PERMANENT TOTAL DISABILITIES BY FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS WHILE RACKING UP WHAT APPEARS TO BE A DRAMATIC MONEY LAUNDERING EFFORT WITH MORE THAN APPROXIMATELY 40 FACE TO FACE MEDICAL EVALUATIONS.

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NUMEROUS CorVel medical evaluations with supportive chicanery continuing the pattern of egregious harm with callous disregard for life and  WITH TOTAL DISREGARD FOR RECOMMENDATIONS FOR TREATMENT.

 

.

psychopath advisory
DEFENSE AGAINST THE PSYCHOPATH – STUDY AND SHARE – https://www.youtube.com/watch?v=Gd6P1Ue2aGg

This is the American Workers Compensation System?  Everybody knows.  What’s wrong you people putting up with these most vile practices that are mere profiteering by the maiming and experiments and exterminations of your fellow Americans? Is it really worth your soul to sell out humanity?

 

psychopaths in power know  do you

Well, we know that psychopaths have no remorse, compassion or soul—-is that what we have here, WorkComp is operated by a SWATH OF PSYCHOPATHS?   SOS, MY FELLOW AMERICANS!  SOS!

.

“If not you, then who? If not now, then when?”  YOU COULD BE NEXT!

#InjuredWorkersUniting  #SilentNoMore

flag distress signal

WE ARE THE MEDIA NOW –> BE GEEKY!

to be continued

1 of 3 WorkComp MAGIC Money Math or FOLLOW THE MONEY on the WorkComp Gravy Train

Date of Injury:  1/9/2012  — Brain Injury Survivor still on the rest and wait and wait and wait for benefits and medical care program.  WorkComp Carrier has successfully shifted risks and burdens to the State and SSA,  IS THERE A FORENSIC ACCOUNTANT READING THIS? OR DO YOU KNOW ONE TO SEND IT TO?

GRAVY TRAIN FAT CATS

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‘C N A  Reimbursed $31,400 to EDD on 4/29/14  for paying IW $49,422 from 2012-2013 because C N A refused to despite Court demands and Injured Worker Objections”  

WC WorkCompFraud and Money

” Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64    Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).  

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This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care?  Is that a mere coincidence?   These numbers alll jumble all over my brain.  

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Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.  This is where it gets real real fuzzy…. that will be documented, with PDFs of all of this in 3 of 3 – WorkComp MAGIC Money Math…  This seems to happen all the time…..nobody seems to know how the sad tales end.  

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You’ll know how this one ends, count on it!  Maybe you will even read about it in a ProPublica Report!  ;D “

questions and answers complicated and simple

How many unclean hands do how many such ‘negotiated discounts’ pass through for the ultimate profit and bottom line of insurance carriers across America doing nothing but maiming and permanently disabling injured workers, cheating remaining legitimate WorkComp providers out of their fees, while supporting operations of sonderkommando type doctors willing to write fraudulent reports on behalf of their benefactors?

BRAIN INJURY ADVOCACY GROUP

There is no mechanism in America’s workers comp system for Injured Workers to report Doctor, Attorney, Provider and Employer Fraud.  DA only goes after groups like “Hell’s Angels” …..for what, cutting into the WorkCompster Drug Trafficking?

FUKITOL

D’oh!  At least the HAs are honest about their motives and practices of PROFITS BEFORE LIVES.   Very few peeps in WorkComp can claim such honesty.

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Why would a doctor prescribe a stomach drug for a brain injury survivor and why would a doctor prescribe an expensive creme for brain injury survivor, or why would a doctor prescribe (and mail without knowledge) a hand held ultra-sound device, without instructions for which brain lobe to use it on?  That’s WorkersCompensation.

My Fellow Americans.  Boomers!  Heads up!  The younger people do not have a chance in hell to survive American’s WorkComp rackets!   Mamas!  Don’t let your babies be doctors and lawyers and thugs!  #SOS!  #CommitteesOfBloggers needed ASAP!  #WATMN

wc doc can you see the problem

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Why would a doctor prescribe an ‘epilepsy medication with mood elevators as a precaution for a few years’ for a slip and fall head injury, after a 5 minute meet and greet?

,

The more conservative, well-paid industry leased/owned WorkCompsters will prescribe ‘over the counter analgesics’ for brain injury, and some that, in the 60’s would have been categorized as “MCPs,” shrug and indicate that a woman over the age of 35 is not entitled to medical care for a brain injury, particularly after medical has been denied by the carrier for more than 2 years.

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WHAT A #GrandBargain WorkComp is, huh?

go save yourself from the zombies

WE ARE THE MEDIA NOW —> BE GEEKY!

WHITE ROSES AND LINKED IN 5 16 2015

to be continued

WorkCompsters – #DNN List – Are you on the “A” list?

Who has been Naughty or Nice in the Mega Billion Dollar “PROFITS BEFORE LIVES” #WorkComp Industries?   David DePaolo, you take the NICE LIST, Injured Workers will deal with the NAUGHTY LIST.   “Let’s get right to it!”   (Poll included below; voting practice!)

As you know, the fabulous #WorkCompCentral annual #CompLaude Awards is coming up, and their team is counting on YOU to discover and nominate some of the best of the best in the field of Workers Compensation.

CompLaude 2015 Nominees
https://www.workcompcentral.com/gala-voting

flag distress signal

This year, it is a national event, with, we hear, a touch of international flair with a keynote speaker.  Perhaps next year the Awards Nominations will expand even future, to including all nations.  For those in the industry who may be challenged to understand the meaning ofon or before August 31, 2015 (as was the case in a recently aborted mediation effort) what it means is NOT AFTER AUGUST 31, 2015.

KISS! Here’s the link to the Nomination site; make your nominations on or before August 31,2015.    PARTICIPATE.  FIND THE GOOD PEEPS IN WORKCOMP, NOMINATE THEM, ACKNOWLEDGE THEM, AND STRENGTHEN THEIR HANDS.   My PUBLIC Acknowledgement list follows soon to confirm that yes, I have met some fine, decent people in my fight to survive WorkComp Terrorism and Chicanery as an Injured, now Permanently Disabled Older American Female Worker since 1/9/12….from that, nominations will be submitted to the WorkCompCentral team BY OR BEFORE AUGUST 31, 2015.

 

SMALL ACTIONS BIG CHANGE

In WorkComp, as is Life, identification of problems is a first step in establishing solutions.

 

In addition to the ‘problems” identified in the InjuredWorkerBlog,  #IWblog, ASK ABOUT WORKERS COMP GRAVY TRAINS, another way of looking at the content might be as a suggestion to ASK ABOUT WORKERS COMP CORRUPTION AND SKULLDUGGERY.  In more than 3.5 years, no agency or institution or law firm or organization has been found to be qualified, able and willing step up to the plate and cause resolution and settlement of the tragic handling of California Workers Case, Linda Ayres Vs. Wyndham Worldwide, ADJ8181903.   So it is.

 

Capture WYN COUNT ON ME PROGRAM

Since there are unlikely to be any investigations of the deviant handling and skulduggery involved in this case by the District Attorney, the FBI, the Department of Justice, the Department of Insurance, the Department of Labor— best possible next action seems to be to just create a DNN LIST — DO NOT NOMINATE — for CompLaude Awards, Best Companies, Best this or That—-pending further investigations by an organization such as ProPublic and NPR, the facilitators of THE DEMOLITION OF WORKERS COMPENSATION.

Demolition of Workers' Comp

 

skullduggery awards
http://www.merriam-webster.com/dictionary/skulduggery

Watch for the #WorkComp #DNN List …. coming soon:

Categories:

  • Medical Comp DNN
  • Legal Comp DNN
  • Comp Bloggers DNN
  • Individual Comp DNN
  • Injured Worker Comp DNN
  • Leadership Comp DNN
  • Employer Comp DNN
  • Service Comp DNN
  • WorkComp Commissioners and Judges DNN
  • Law Enforcement Agencies DNN
  • International Recognitions DNN
  • With a special category to also include WorkCompsters- #SMFH

Skullduggery Awards further

Through a sifting/filtering process, then this Injured Worker can get right to the NOMINATIONS FOR THE 2015 WORKCOMP CENTRAL #CompLaude Awards. David DePaolo gets big kudos for creating such a valiant national effort.   I really do have several nominations to submit.    It’s been a busy month, dodging Rads, and dealing with frivolous orders to compel, and more financial chicanery and terrorism.  Watch for the DNN List…. It may  Annoy or it may Inspire and Surprise!

Thanks to Medicare and the 3.5 years of WorkComp delay, deny, deceive, I have some legitimate doctor appointments this week!  Thanks for reading and sharing.  More follows very soon!   You’ll appreciate the DNN list, too.

Oh Oh… PS…. If you have never taken a look at the  ASK ABOUT WORKERS COMP GRAVY TRAINS blog page of RESOURCES, CHECK IT OUT.  It includes some of my favorite peeps and services and providers.  It will be revised to include others.  Will you be listed on the “Naughty or Nice List”…

WorkCompLinda Twitter

 

WE ARE THE MEDIA NOW (2)

See you at #WorkCompCentral #CompLaude Gala? Who are YOU nominating?

Linda Ayres
Linda Ayres Wyndham Worldwide

IF ONLY the others had warned us … earlier

See you at #WorkCompLaude Gala? Who are YOU nominating? Attorney, Claims Administrator, Employer, Injured Worker, Judicial Officer, Seminar Presenter, Physician and or Support Services Provider.

Knowing who NOT to nominate is real easy; Nominations can be a big challenge? Some insights to incite action here…. Check it out.

EPIC FAILURES to provide medical care, disability payments, return to work, vocational rehab, goodwill.... since 1/9/12...NOTHING CHANGES WHEN NOTHING CHANGES
EPIC FAILURES since DATE OF INJURY, 1/9/12,  to provide medical care, disability payments, return to work, vocational rehab, goodwill…. since 1/9/12!!!   HOW IS THIS LEGITIMATE IN THE UNITED STATES OF AMERICA??!!!  NOTHING CHANGES WHEN NOTHING CHANGES

Let’s transcend Learned Helplessness! Here are some things you can do, today!

Summary: PEOPLE NOT SHEEPLE; SHUN THE PSYCHOPATHS

PS Looks like no Trial Return to Work for me yet, no response from any of the “supplemental people” either; Grrrrrr; stand by for more blogging; things are getting REAL SERIOUS…

ROCK PAPER SCISSORS  .

Thanks so much for reading, and for your private comments and support! 🙂 We’re making a difference. 😀 I can take the heat! Keep the insights coming… LIVES ARE AT STAKE!

rock paper scissors

That’s all for now; must shift gears and write a polite and fierce PETITION FOR ORDER TO COMPEL RIGHT ACTION AND LEGAL COMPLIANCE in response to current defense chicanery to have Judge compel more doctor shopping, to an ENT to dispute recommendations from a Brain Injury Rehab Center auditory expert, and to find out why CNA continues to refuse authorized neuro-optometry examination, and to get another QME to collude with 3 others for fraudulent reports in yet another neuro-psych eval. How many is enough? Yeah, I get it, Guys. Tsk tsk tsk. #TTFN WE ARE THE MEDIA NOW…..

PS Let’s hope they are not serving unapproved CDC “Sushi” at the Gala… Right, Jon Gelman? Let’s keep Dodging Those Rads!

IF ONLY the others had warned us….earlier

linkedin.com•   Let’s transcend Learned Helplessness! Here are some things you can do, today!

Summary: PEOPLE NOT SHEEPLE; SHUN THE PSYCHOPATHS

1. Reflect on what you wish you had known soon after your injury about Surviving Work Comp. Consider blogging.

2….

############# WEEKEND READING BELOW################## KEEP A HIGHLIGHTER HANDY##########

IF ONLY the others had warned us....earlier

IF ONLY the others had warned us….earlier

Let’s transcend Learned Helplessness!  Here are some things you can do, today!

Summary:  PEOPLE NOT SHEEPLE; SHUN THE PSYCHOPATHS

1.  Reflect on what you wish you had known soon after your injury about Surviving Work Comp.  Consider blogging.

2. Make a list of your possible nominations for the Comp Laude 2015 Nominations in the categories of Employer, Injured Worker, Judicial Officer, Seminar Presenter, Physician, Support Services Provider; then nominate. Re-Read DePaolo’s World on “Work Comp and Baseball” and follow that blog!

3. Look/See/Follow ASK ABOUT WORKERS COMP GRAVY TRAINS

4. Learn to be a GAME CHANGER in 10 minutes a day listening to Omar and Nicole on the $100 MBA podcasts – “FREE BUSINESS LESSONS FOR THE REAL WORLD”

5. Remember remember, All Nuclear Reactors Leak All of the Time, so check outYOUR RADIATION THIS WEEK, and Dodge those Rads!

Feb 4

….who will be the 2015 nominees? noting who has been naughty or nice. ..

COMP LAUDE™ NOMINATIONS 2015

#WorkComp?! How many of us wish we knew in the first year, what we have learned the very hard way years into fighting with the WorkCompsters for survival? If only those who had been tortured, maimed, abused and killed by the #WorkComp system advocates and enforcers had spoken out!

How many of us wish we had known how to retain a competent attorney and how to dismiss when we realized we had selected poorly, and how to keep records, how to get reimbursed for medical miles and expenses, and how to change doctors when it was clear we had been sent to those owned/leased by the insurance industries, with intentions of harm of any means necessary in a PROFITS BEFORE LIVES inhumane business model?

How many of us wish we knew how to represent ourselves; since, as some say on Facebook, ‘when you retain an attorney, you have willingly signed up to be a slave, without any rights.”  How many of us wish we had known how to facilitate mediation when total destruction seemed imminent?  How many of us wish we had true skills for defense against the psychopaths?  How many of us wish we had studied, Rules of Verbal Self Defense against Corporate Psychopaths, sooner?

How many of us wish we had known we would have to humbly rely on the charity of groups like the Salvation Army for utilities and food because of the epic fail of WorkComp?  How many of us wish we had known that our employers DO NOT CARE, and WILL NOT HELP US?  How many of us wish that American doctors truly honor their oath to, “DO NO HARM.”

How many of us wish we had never had to depend on Social Services; the Welfare Office, because of an untreated work injury?  How many of us feel great shame and outrage for our Country, and our Countrymen that cause such harm to the Working Class?

How many of us wish we knew that our coworkers would be told they could not speak to us, not even to extend a get well wish or invite for a meal?  How many of us wish we knew how to plan to return to work without medical care before release to work by some industry person,  since no care was forthcoming, and agents of the carrier refuse to pay legally due disability benefits, saying mean things like, ‘….so tell me, [Injured Worker], when ARE you going to die?’

How many of us wish we had  known which government agencies were charged with protecting our Civil Rights from these crooks and criminals, and how to contact them, and under what time lines, and how to follow up, and how to elevate complaints when no action is taken?

How many of us wish we had known which agents and agencies seem to be working for the insurance industries rather than upholding the Constitution of the United States of America, including but not limited to the 5th and 14th Amendments?  How many of us wish there was a legitimate FRAUD HOTLINE to report doctor/lawyer/adjuster et al fraud?

How many of us wish we had known how to get legal help when each State’s Applicant’s attorney’s associations and their members failed us miserably? How many of us wish we had better strategies for dealing with the outrageous human rights violations, akin only to what the people tortured and terrorized in Nazi Germany must have felt, as their friends and neighbors and paid professionals just looked the other way as the experiments and tortures and gruesome deaths merely profited the few?

How many of us wish we knew that if we were to get health care, we had to get it for ourselves or die as fodder for the profits of the Workcompsters?

How many of us wish we knew what the experts know very well….that the horrors we face are common place, but too bad, how sad.  Nobody cares. There’s “no profit” in helping an injured worker, “the money is on the defense side.”

How many of us wish we had been included in Applicant Attorney conferences, so we could meet alleged providers, and attorneys to help us survive?  How many of us can network an Exhibit Hall and make solid contacts with real humans in the WorkComp world, being steered away from the psychopaths?

  • TAKE THE LAWYERS OUT OF THE WORK COMP EQUATIONS?
  • So maybe create new laws that have a one year maximum duration for a workcomp case–if injured worker has not received sufficient medical care within one year to return to work, settle up so Injured Worker can get legitimate medical care privately; any delays to have penalties that go directly to the Injured Worker, without delay or obfuscation.
  • Or, HOW ABOUT PRIVATE POLICIES PROTECTING INJURED WORKERS HARMED BY WORK COMP CARRIERS TO PURCHASE AS PART OF EMPLOYEE BENEFITS, in addition to LTD, to include medical benefits, FOR PROTECTION FROM EMPLOYER’S WORK COMP CARRIER ERRORS, OMISSIONS, FRAUD, EXTORTION, FAILURES TO TREAT, BULLYING AND INTIMIDATION AND REDUCED EARNING CAPACITIES AND JOB LOSSES.  Could be a whole new market, huh? ]

Doctors and lawyers quietly leave the injured workers to the sharks and snakes of the industries.  Medicated, few workers have a chance at Survival.  How many of you wish we knew then, what we know now?

Well, Einstein said, ‘Those who have the privilege to know have the DUTY to act.’  — WE ARE PRIVILEGED TO KNOW, therefore, WE HAVE THE DUTY TO ACT.

After the second year, when cognitive functions began to improve– after the rest and wait and wait and wait recovery plan -people began to tell me some of the harsh and horrible truths with tips on how to survive and with some luck, how to make a positive impact for all of us; it’s my turn to begin to tell you more….

BE YOUR OWN HERO…..NOBODY IS COMING TO HELP YOU. Connect with the good people you find around the internet, strengthen their hands.  Injured Veterans are in the same fight…. This is a #WarOnWorkers — Civilian and Military.

“..What are the COMP LAUDE™ AWARDS?The Comp Laude™ Awards recognize integrity and excellence in the workers’ compensation industry. Industry professionals are encouraged to nominate individuals or companies that have set themselves apart by demonstrating excellence. Nominations are now accepted nationwide. The Comp Laude™ Awards are given by WorkCompCentral and presented at the annual Comp Laude™ Gala in the Los Angeles area in December.”

Last year, I was one of four Injured Worker’s finalists in the WorkComp Central CompLaude event.  It was a positive event, and the WorkComp people were seen to be human, for the most part.

If you don’t follow David DePaolo’s blog, why not? Be ITK.  I appreciate most of them, and I like how David thinks.  I used to think strategically and logically as that; now I have to rely on muddling and compensatory strategies… But, here’s what David included in his blog, WORK COMP AND BASEBALL

There are, however, claims that are difficult from the very outset. Sometimes we hear about them but most of the time we don’t.

The ones that we do hear about get dismissed from our conscience too easily because the melodrama in their vocalization of what’s wrong gets drowned by our own jaded pessimism.

These cases, though, are real. There are real people behind these cases. People get hurt. People get toyed with. People don’t get what is needed, what is promised in the Grand Bargain, and set aside as disturbed and having unrealistic expectations.

Some contact me because of this blog, seeking answers, help and remedies.

I have met some – like Linda Ayers. I won’t get into Linda’s case here – that’s not the point.

Linda is vocal, like a few other injured workers. She has a blog, she is active in social media, she posts comments to this blog.

And she probably drives the defense crazy as she is prolifically passionate about making sure the system works for her and for other injured workers.

It’s easy to dismiss Linda’s activities as the rantings of an unstable person, but she is not an unstable person. She is a person who’s case spiraled out of control from the beginning, and we know that the early stages of a claim are the most critical.

There’s Darren Fonzseau and Cecilia Watt, more vocal injured workers seeking stabilization of their claims, timely payment of benefits and authorization of medical treatment.

See more at their website:  https://www.workcompcentral.com/

Dwight Johnson’s Story, the #1 Injured Worker honored at the 2014 Comp Laude Gala.

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

COMP LAUDE™ NOMINATIONS 2015

Nominations open June 1st, 2015!
This doesn’t mean you can’t start thinking about who you will nominate. Nominations open June 1st, however, be on the look out for people or companies who are setting themselves apart, doing positive things in the industry.
Nomination Process
Nominees are accepted using an online nomination questionnaire developed and provided by WorkCompCentral. Nominations are open for a period of two months. All nominations are subject to verification / further qualification byWorkCompCentral staff. Once finalists have been qualified, nominations are turned over to our panel of judges.

Who Selects the Winners?
Winners are selected by a panel of judges made up of industry professionals with a proven history of workers’ comp knowledge and leadership.
The 2015 panel of judges include:

Mark Walls, vice president, communications & strategic analysis, Safety National
Tim East, director, risk management, The Walt Disney Company
Kimberly George, SVP, senior healthcare advisor, Sedgwick
Joseph Paduda, principal, Health Strategy Associates
Michael Gavin, president, Prium

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

See this blog post for links to some industry blogs:  #CommitteesOfBloggers— here are comments with links on the Top 25 WorkComp Industry blogs: https://askaboutworkerscompgravytrains.com/?s=TOP+25+BLOG

For details about the Comp Laude Awards & Gala, please contact WorkComp Central directly:  marketing@workcompcentral.com   https://www.workcompcentral.com//events/awards

Last year, I experienced some pretty vile attacks for being nominated to the CompLaude 2014 awards, for being grateful, and for showing up and participating in a proactive manner, reaching out to other attendees at the Conference.

The attacks were from some long time injured workers on medications or they were just industry provocateurs. Fortunately, prior experience with nuclear industry provocateurs made it relatively easy to shun.  We do not, however, forget. Ever.  The blog memorializes it, so don’t let fear keep you away…

INSURANCE INDUSTRY TROLLS OR WORKCOMP OPIATE WAR CASUALTIES?

Here’s a hard task, a tough job, but it needs to be done.

 Are you up to it?

David DePaolo, CEO of WorkComp Central, an educational organization for industry people, is having the 4th Annual comp laude Awards Gala in December…. Where good people in the #WorkComp systems gather, and a few are acknowledged for being on the up and up, and for actually doing some good. Previous years, it was a California event.  They have opened the doors to make it a national event, and the nominations are open through the end of August.

  1. THINK OF AT LEAST TEN PEOPLE WHO HAVE BEEN KIND OR DECENT TO YOU THROUGH YOUR JOURNEY IN WORK COMP.  JUST MAKE A LIST, FOR STARTERS.
  2. THEN, WRITE DOWN AT LEAST TEN THINGS YOU CAN MUSTER UP TO BE GRATEFUL FOR ABOUT EACH OF THOSE TEN.   Look at each list, separately, and send a quiet thank you to each one, as you recall their kindness and helpfulness or expertise.
  3. Then, submit your nomination(s) on their forms

For details about the Comp Laude Awards & Gala, please contact marketing@workcompcentral.com

Well, we have the internet today; NO EXCUSES for keeping their dirty secrets. If we can roll out of bed to the keyboard, we can make a difference, imho. If we can’t, then we can reach to the night table, grab a smart phone, and make a difference! WE ARE THE MEDIA NOW

Games are changing. All workers, injured or not, might find some real value in these free 10-minute podcasts from $100 MBA…. they are filled with some great info on business, as it is being done now…. and since you may have to recreate yourself instead of being destroyed by WorkComp, you might find some inspiration here, too. It’s almost like being back at work….and least the brain cells get a work out and new neuropathways seem to be under construction!

I hope to be able to soon put together a little e-book for you on Surviving WorkComp….We’ll start with how to identify and deal with doctor, lawyer, adjuster fraud, perhaps, because on such fraud is all harm to injured workers built.  We all have a wealth of information gathered from being in the trenches, in the #WarOnWorkers!

What would YOU tell the others?

I would like to see EVERY INJURED WORKER BLOGGING…. or at the very least, keeping accurate records via a Journal to share later. What prevents YOU from blogging? NAIDW site even offers a blog feature. Let’s go! 🙂

If you have insights to share, let me know, too. WorkCompLinda@gmail.com and see my blogs at…

ASK ABOUT WORKERS COMP GRAVY TRAINS

https://askaboutworkerscompgravytrains.com/

https://askaboutworkerscompgravytrains.com/about/

https://askaboutworkerscompgravytrains.com/list-of-posts/

See my nuclear blogs, too:

HELLO WORLD! ASK ABOUT FUKUSHIMA NOW and ALL NUCLEAR REACTORS LEAK ALL OF THE TIME

Yes, “I AM INJURED, NOT STUPID!”

How is the internet changing WorkComp Survival Rates?  How will it impact indictments and incarerations of Enemies of Humanity?  We’ll see.  As Bucky Fuller was known to say, Let’s build the New; Let the Old Destroy itself (or words to that effect.)

“You never change things by fighting the existing reality.
To change something, build a new model that makes the existing model obsolete.” -RBF

#Demolition of WorkComp Industry — In Progress. FULL SPEED AHEAD!  Will the ProPublica Team be at the WorkComp Comp Laude Awards Gala?  I know a few people who may be nominating that team, too.

$100 MBA? Revolutionary Idea! Business Game Changers!
Go Omar! Go Nicole! Thanks, from the Battlefields of WorkComp!
Check it out… http://100mba.net/show/

#InjuredWorkersUniting #SilentNoMore

There are No Free Lunches and NO FREE GIFTS in WorkComp or Timeshare

Is this a legitimate RETURN TO WORK process and program??

Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.  

In order to facilitate this process and  make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.  

We will attend with relevant job descriptions and your requested accommodations in hand so that  your physician may provide feedback to all of us based on his or her medical expertise…… [see the rest below] “

How’s that working for YOU?  OBFUSCATIONS! VIOLATIONS! DECEPTIONS! DELAYS since 2012!!

What would Liz Ryan of Human Workplace say/do?  D’oh!

extrapolate

—–Original Message—–
From: lindaayres <lindaayres@aol.com>
To: LINDAAYRES <LINDAAYRES@AOL.COM>
Sent: Fri, Jul 10, 2015 9:52 am
Subject: Linda Ayres – Return to Work – Interactive Process, FEHA, ADA Coastline ABI Program and more

To:  Tina Jordan, HR Regional Director and Michael Dougherty, National Risk Manager and WVO Leave Support Staff

cc:  Supplemental People / Stakeholders / Injured Workers / WorkComp Industry Experts and Profiteers

tina.jordan@wyn.com,  michael.dougherty@wyn.com   wvoleavesupportcenter@wyn.com

Dear Tina and Michael:

Attached please find requests for employee discounts at the Costa Mesa property for the Fall Session of the Coastline Acquired Brain Injury program.  

This will apparently prevent further loss of time and further harm and interference with care to me, while you figure out or develop a legitimate Return To Work policy for Wyndham Worldwide.

The dates for required lodging to continue participation in the Coastline Acquired Brain Injury Program are for 8/23-8/27; 8/30-9/3; 9/7-9/10, 9/13-9/17, 9/20-9/24; 9/27 – 10/1; 10/4-10/8; 10/11 – 10/15; 10/18- 10/22; 10/25 – 10/29; 11/1 – 11/5; 11/8 – 11/12; 11/8 – 11/12; 11/15-11/19; 11/22 – 11/25; 11/29-12-3; 12/6 – 12/10.

Please return them, signed, by or before 7/14/15 so that I can register for the fall program, knowing I have a place to stay.

Please send me your proposal for return to work based on all evidence in so far, and I will reschedule meetings to discuss medical release with my doctor(s).  Because I did not have the information, this week’s meetings with my interdisciplinary team were essentially wasted, other than the encouragement to seek employment law legal counsel to KNOW MY RIGHTS.

Sadly, due to Wyndham refusals to meet with me in interactive process (requested meeting since May 2015) and Wyndham refusal to provide training information for discussions  treatment team this month, please simply extend my accommodations request for continued leave through December 11, 2015. This further extension will provide time during which time the following can be accomplished:

  1. Wyndham can provide a TRIAL Return to Work proposal and offer, based on all known evidence, Upon graduation from the first year at Coastline ABI Program, it is highly possible that I may be able to return to work with minimal accommodations.   During the Fall session, because part of the intention of Coastline is to help people with brain injuries return to work or community service, an accommodation plan for Wyndham to consider would be a split week (after the 2-4 week sales training).  Attending Coastline on Mon Tue, or Tue Wed with 3 days (for example, Fri, Sat, Sun) to transition back to full time work would be a consideration, starting in late summer/early fall, to be determined.
    1. Reassignment to a new position such as VLO, or a new position that can be done virtually, such as assisting with development of a legitimate Return to Work Program in every state, starting in California (then perhaps Florida, another Wyndam hot-spot for WorkComp violations);
    2. As I have repeatedly suggested, perhaps a position could be created for me to function as an Advocate for Injured Workers or to head a team to seek a change of providers for the failed CNA insurance WorkComp coverage, irregardless of what Board Members and/or other staff may have conflicts of interest in keeping CNA.  That is another issue altogether, isn’t it?
  2. Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
    1. New private neurologist seems quite alarmed that CNA refused to have the April 2014 EEG further evaluated with medical evidence, as recommended by their neuro-consult doctor. Several more EEGs and possibly MRI’s are being scheduled
    2. Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
  3. Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
  4. Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
  5. Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
  6. Submit new and past due reimbursements requests to CNA and WCAB Audit Unit with complaints re CNA failures to make  payments of estimated permanent disabilities (should have commenced last year).  I have spent more than $43,000 to survive the Wyndham WorkComp program.
  7. The additional time will also give defense time to organize and correct the mistakes and omissions on their version of the medical index prior to any further evaluations.  While defense insists that, apparently, because I have not died from lack of medical care, and because I have not become homeless because of failures to provide disaiblity benefits in compliance with law and the insurance policy, that mediation for the work comp case is premature, as they know, the employment law issues are outside of work comp.  I believe Grancell has an employment law division and they will most likely be happy to engage in a lawsuit that may cost Wyndham Worldwide hundreds of thousands of dollars in legal fees to defend.  Maybe that’s covered in the policy as well, so no real risk to Wyndham, just more money for Grancell.  Not my problem.
  8. Update complaints to DOI and FBI
  9. Update information ot the media, social and mainstream

As you know, Social Security Disability Hearing finds me chronically and permanently disabled, gives little weight to the reports of AME/QME doctors of 2013, as they ‘did not have sufficient evidence’ and it is certain that a legitimate WorkComp Judge would find the same, if not finding pure felony fraud of those reports.  Social Security gives an injured work an option for Trial Return to Work.   In light of this week’s Wyndham shenanigans, and the pending additional false reports Grancell apparently hopes to obtain while further churning the files, completing Coastline ABI Program through December 2015 seems to be the most streamline accommodation, with a plan in place to resume a TRIAL RETURN TO WORK at that time, assuming medical release.

 

A “structured day” is critical to someone with a brain injury, so while Wyndham, CNA and Grancell diddle further, continuation at the ABI program is essential for my overall health and progress.   I have no reason to believe you will act in good faith now, as it has not been your practice yet.  Remember, you both have failed to intervene in helping me get medical care or disability benefits since the date of injury.  Remember, there was no ‘proper notice of MPN’ and there was no offer for a ride to medical care on the date of the incident, there have been no get well wishes, and there has only been harm and permanent disability due to the non-existence of a WorkComp program at Wyndham Worldwide/WorldMark by Wyndham.  Great benefits if you’re not injured; total devastation if you are.  One day, you may also get to experience it.  Your knowledge will not protect you, either.  You’re pawns in the bigger game of THEIR PROFITS.   One day you may see that, and have some remorse for the harm you have done to me, and who knows how many others.   That may be a ‘pearly gates’ accountability for you, but you will be held accountable, as we all are, for all of our actions.  That’s just how life works.   There are no free lunches, and no free gifts!

While one doctor had indicated that attempting the summer training sessions would be telling as to my cognitive capacity and stamina, your delays and refusals to provide information and to meet in interactive proces, make the summer session (during Coastline break) an impossibility now.  I didn’t get the Oceanside and Anaheim dates until after my meetings, so I was unable to discuss with the professionals.  Also, since you previously advised that lodging is not provided to trainees, since there are no trainings happening in Indio, we will probably have to wait until such time.  Please please keep me posted as to the next Indio training sessions, so that it can be incorporated into a return to work plan/transition from Coastline ABI program plan.

I have no idea why you refused to provide the dates so they could be discussed with people trying to help me return to work.  I could have asked the doctors and professors on an opinion to request to be in the Oceanside training, if lodging was included.  As it stands, they seem as horrified as I am by the continued patterns of harm and bad faith, and they seem to think it is a hostile workplace, and a severe danger for me.  :/ That’s based on what I have told them about my experiences trying to get medical care, and aborted attempts since 2012 to return to work.  My deductive reasoning is still a bit off, so I must defer to friends and professionals who suggest that Wyndham means only further harm to me.  I don’t want to believe that.

It is incumbent on Wyndham , as previously requested, to provide a proposal for return to work with known requested accommodations.   All of my requests have apparently been unsuccessful in facilitating interactive process.  WVO Leave Support also refused to correct the mis-statements of the existing leave extension.   Please send me a proposal for return to work incorporating all previous communications and this one.  Upon receipt of your proposal, I will make fresh appointments to discuss a Wyndham RTW proposal with professionals who can offer counsel.

As you know, time is of the essence and any accommodations requests for a transition plan from Coastline  back to work must be submitted with Fall Registration by 7/15/15.  It was in that regard that I needed the information for my meetings this week with professionals, to determine what, if any, accommodations to request.  Then, you and I were to meet after those meetings.  We tried to schedule a meeting, which I first requested when vouchers were submitted for the Summer Coastline ABI program.  So, your statements that you remain willing to meet while you refuse again to meet, are baffling, indeed, and clearly false evidence appearing real.  That was your same pattern of practice last year, when the Scripps Occupational Therapy Department Supervisor attempted to coordinate a meeting to commence the interactive proces.

If you are relying on Grancell’s staff for ADA compliance information, as a Shareholder, I must insist you seek outside counsel for compliance, and as a shareholder, I must insist that you and Michael Doughterty and other stakeholders demand an outside claim audit of the gross mishandling of my case, internally and externally.

Thank you for your email of last night indicating “… we remain willing to meet with you at a mutually agreeable time and place”.   Looks nice on paper, but your words are not congruent with your actions.

For several weeks now I had been attempting to secure an appointment with you to engage in interactive process to plan return to work (as requested most recently as far back as May 2015).  While my treatment team was astonished at your email requesting to meet in session with the doctor and me, and your refusal to provide any preliminary information, as I repeated requested, I needed information from you regarding dates of the upcoming training sessions for a Wednesday 8 am meeting at Coastline and a Thursday morning meeting in Palm Springs.

Once I advised you that I have been encouraged to seek legal counsel with an employment lawyer regarding my legal rights, you finally provided the dates of the next couple of training sessions, AFTER MY MEETINGS.  I will not see the doctor again for a few weeks, and we will explore the possibilities further.

As Wyndham has all the medical information and doctor reports from WorkComp doctors  necessary and pages of my requests and proposals, including the spreadhsheet I did of IF THS/THEN THAT scenarios,  and I have even provided you with JANN.org and SCRIPPS Brain Injury Day Treatment Center info on what it would take to have SCRIPPS participate in the interactive process, including their fee of approximately $20,000 for the services – to include further speech, occupational and physical therapy –  I don’t know how else to work with you to attempt return to work.

Consensus amongst friends and providers is that I must take actions to protect myself.  Many suggest dismissing hopes to make a difference in the lives of other injured workers violated, maimed, and permanently disabled by WorkComp practices such as those I have endured at the cruel hands of Wyndham Worldwide, CNA aka American Casualty and the Grancell team of legal goons with those of the WCAB is a philosophical difference.  I have talked with and met too many uninjured professionals who know the truths, and refuse to act.  I truly believe that THOSE WHO HAVE THE PRIVILEGE TO KNOW, HAVE THE DUTY TO ACT.   I know.  I have a duty to act, to save my own life, expose the horrors and atrocities of the abuses of injured workers in California, America and the World, by people making a living off looking the other way, or making up stories to obfuscate facts. Such practices allowed the horrors of Hitler’s Germany to happen, not unlike the WorkComp extermination programs we have today, that profit people like you harming people like me.

So, please please please return the employee discount vouchers by 7/15/15 so that I can proceed with registration for the Fall session of the Coastline Acquired Brain Injury Program — One of the subjects for the next session is Emotional Intelligence at the Workplace, and I am studying the information found on the internet, SELF DEFENSE AGAINST THE CORPORATE PSYCOPATHS. http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml     On LinkedIn, I always enjoy the writings of Liz Ryan about the HUMAN WORKPLACE.   You might find it of interest, also.

I look forward with anticipation to the Wyndham Proposal for return to work scheduling, training, accommodations and more.  I know the employment law lawyer will wonder why I have not received such a proposal, and will likely find your request to meet with my doctor in person, on my dime, more astonishing that I did.  (It does not, Tina, conform to ADA/EEOC, FEHA requirements, and whoever told you it did, gave you info to bury you.  Somebody else wants your job or what?  Get better sources for your information on return to work, and get some training.  It’s available.  “GOOGLE IT”

Sincerely,

Linda Ayres, In Pro Per

PO Box 835

Yucca Valley CA 92286

760 368 5243

Attachments:   Vouchers for Employee Discounts to attend Coastline Acquired Brain Injury Program

Note:  “SUPPLEMENTAL PEOPLE” (Stewart Reuben’s cute term) can find a copy of this communication on the internet at https://askaboutworkerscompgravytrains.com/)

 

Webinar Ninja  Draft one  SURVIVING WORK COMP
DEFENSE AGAINST THE PSYCHOPATH https://www.youtube.com/watch?v=Gd6P1Ue2aGg

From: “Jordan, Tina R” < Tina.Jordan@wyn.com>

Date: Thu, 9 Jul 2015 23:11:45 -0400

To: < wynlinda@gmail.com>

Subject: RE: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request

Hello Linda,

 

Though we were unable to meet today, we remain willing to meet with you at a mutually agreeable time and place.

We look forward to hearing from you with some proposed options.

 

Thank you,

 

Tina Jordan

Regional HR Director – Southern California

 

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Email: Tina.jordan@wyn.com

 

From: “Jordan, Tina R” <Tina.Jordan@wyn.com>

Date: Thu, 9 Jul 2015 14:59:32 -0400

To: Linda Ayres<wynlinda@gmail.com>; <lindaayres@gmail.com>

Subject: Return to work request

 

Dear Linda,

 

The upcoming training dates for July and August are provided below.  As you note, these dates are subject to change, and the precise locations within the cities listed have not been confirmed yet.

 

July : …. [omitted on web version]

Oceanside: …. [omitted on web version]

Augus t: The Brand will be based on Business/Staffing needs ….

In connection with our offer, as part of our ongoing interactive process, to meet with you and your physician to discuss your return to work options, we ask that you please provide advance notice of at least 5 (and preferably 7) days’ notice of the appointment time and location.

 

Regarding your mention of fees, though Wyndham is not obligated to pay for your examination by a doctor that you choose to see, the company will consider making an exception for this appointment.  Please provide your doctor’s name, rate and the anticipated cost for the appointment as soon as you are able.

 

Thank you.

 

Tina Jordan

Regional HR Director – Southern California

 

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Email: Tina.jordan@wyn.com

 

 

From: wynlinda@gmail.com [mailto:wynlinda@gmail.com]
Sent: Thursday, July 09, 2015 12:09 PM
To: Jordan, Tina R
Cc: Linda Ayres; Linda Ayres; Dougherty, Michael; Fred Sachs; Stewart Reubens; Falvey, Mary; patricia.lee@wyndhamworldwide.com; Paramo, Melisa; Michael Grabell; WorkCompLinda
Subject: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request
Tina,

Thnk you for confirming you are unwilling to meet with me to commence interactive process to facilitate return to work and or reassignments.

I will seek legal counsel with an employment law firm specializing in FEHA complaints.

I am not equippped to play your life threatening/destroying games of bad faith and ill will.

Sincerely,
Linda Ayres, In Pro Per

ask About Workers Comp Gravy Trains https://askaboutworkerscompgravytrains.com/

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: Tina R Jordan <Tina.Jordan@wyn.com>; MELISA PARAMO <melisa.paramo@wyn.com>
Cc: Stewart Reubens <SReubens@grancell-law.com>; Fred Sachs <Fred.sachs@cna.com>; Michael DOUGHERTY <michael.dougherty@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; WorkCompLinda <workcomplinda@gmail.com>; MBX – WVO Center <wvoleavesupportcenter@wyn.com>; Linda Ayres <lindaayres@aol.com>; Michael Grabell <michael.grabell@propublica.org>; Mary Falvey <mary.falvey@wyn.com>; scott.mixon <scott.mixon@wyn.com>
Sent: Thu, Jul 9, 2015 11:35 am
Subject: 1230 Meeting today? Return to work request and training session dates requested. Linda Ayres vs Wyndham Worldwide et al

Hi Tina: I have not heard back from you or Melissa regarding the dates of upcoming sales training or confirmation of the tentative meeting in Indio today at 1230. Per earlier email: “I can meet you at 1230 in Indio on Jul 9. Will that work for you?” I will consider your failure to respond further confirmation that no interactive process meeting will take place yet.. In light of the continued bad faith and lightly masked hostilities, I will seek legal counsel regarding the continuous pattern of FEHA and ADA violations, and your A-typical attempts to deceive and delay return to work. Thank you. I will be back with you and Michael Dougherty, as the bulk of the violations since 2012 seem to rest on your desks as this moves out of WorkComp jurisdiction to EEOC and State and Federal ADA violations, in a pattern of continuous harm and bad faith. Sincerely, Linda Ayres, In Pro Per

InjuredWorkersUniting; Silent No More

 

—–Original Message—–
From: LINDA AYRES – We Are The Media Now <wynlinda@gmail.com> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<melisa.paramo@wyn.com>; Stewart Reubens<SReubens@grancell-law.com>; fred.sachs@cna.com<fred.sachs@cna.com>; Michael DOUGHERTY<michael.dougherty@wyn.com>; <patricia.lee@wyndhamworldwide.com>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<lindaayres@aol.com>
Subject: RE: Return to work request and training session dates requested
Hi Tina, Thank you for your response.  I still need to know the upcoming dates of the next sales training sessions for my appointment tomorrow and for the Coastline transition plan and accommodations proposal.   Please advise today. Just the dates to facilitate informed discussions and planning, please.
I already found out that Palm Springs sales office is temporarily closed. Please provide anticipated reopen date, as location is another factor of concern in planning, important to me and to my treatment teams.  Your non-response to the dates was similar when Scripps Brain Injury Program tried to help me return to work in August 2014, and when Dr Ponton in 2012 tried. Please try to be more helpful. They are just dates, subject to change, to facilitate discussion for return to work.  The dates are what I keep asking you for and refusal to provide them seems very hostile and in bad faith. I hope I am wrong.   I consider it to be continued bad faith and refusal to engage in timely interactive process.
I will take your letter to the doctor tomorrow and get back to you asap regarding availability, willingness and what else may be required, along with any additional fees that may be required.   The agenda for tomorrow’s meeting is already set and I NEED TO KNOW THE DATES OF THE NEXT TRAINING SESSIONS to be fully prepared for my doctor’s appointment.   It’s a treatment session not a business session tomorrow morning.  I can still meet with you and Melissa tomorrow afternoon for a preliminary meeting, pre doctor session to ensure a productive movement forward. I can meet you at 1230 in Indio on Jul 9. Will that work for you?  Daniel Elliott @CNA used a similar tactic in 2012 to obfuscate truth and waste a treatment session with then treating Dr DeGoede, referred to by CIGNA, the Wyndham EAP provider, then CNA cheated the doctor out of 4 agreed upon session payments and then doctor would not even see me on a cash basis. I will not allow you to ruin my opportunity for treatment with this doctor too. As you know, since I represent myself in pro per, I am required to copy defense on all communication with you.

Thank you. Linda Ayres, In Pro PerWWID 415287
——– Original message ——–

From: “Jordan, Tina R” <Tina.Jordan@wyn.com>

Date: 07/08/2015 8:49 AM (GMT-08:00)
To: Linda Ayres <wynlinda@gmail.com>

Subject: Return to work request

Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.  In order to facilitate this process and  make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.  We will attend with relevant job descriptions and your requested accommodations in hand so that  your physician may provide feedback to all of us based on his or her medical expertise. Accordingly, please provide available dates and times for an appointment when we can hold this meeting and confirm who the doctor is, his or her office address and what his or her specialty is.  If your doctor becomes unavailable for the appointment we confirm, we will ask that you let us know as soon as possible so that we can coordinate with you to reschedule the appointment at the next mutually available time.

Please note and advise your doctor that we are not seeking to be advised of your diagnosis or to be provided other personal medical information.  Rather, we are interested in whether and when you will be released to return to work and what if any restrictions you may have as well as how those might be accommodated. I look forward to hearing from you. 

 

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

Dear Wyndham Leave Support Center Staff:

As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015. ….

I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals.   Tina Jordan is fully aware of our need to meet as soon as possible.  My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.   

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: Tina R Jordan <tina.jordan@wyn.com>
Cc: Fred Sachs <Fred.sachs@cna.com>; Stewart Reubens <SReubens@grancell-law.com>; scott.mixon <scott.mixon@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; MBX – WVO Center <wvoleavesupportcenter@wyn.com>; Michael DOUGHERTY <michael.dougherty@wyn.com>; Michael Grabell <michael.grabell@propublica.org>; Linda Ayres <lindaayres@aol.com>; WorkCompLinda <workcomplinda@gmail.com>
Sent: Thu, Jun 25, 2015 4:13 pm
Subject: Linda Ayres – Return to Work Planning July 2015

Hi Tina, Will you please advise the date of the next two sales training classes? I want to discuss with my new doctor team. It’s looking up for a trial return to work. One doctor suggested that a trial return to work could be very beneficial and the two weeks of training telling. While people of “low average” intelligence can certainly sell time share, despite my cognitive impairments and IQ loss, if I can successfully overcome the frontal lobe, auditory and visual processing issues etc, I too may be able to succeed again. 😀 I need to know the dates of the July/August class and location and confirmation that Palm Springs Sales office is still open. I also need to know when we can meet to explore planning. In 2012 one of the WorkComp doctors responded to my question, “When will I know I am ready to return to work” with a snippy, “You’ll know you’re ready when you are back at work.” Many other doctors have said that had I received care in the first year, it was highly probable I may have returned to work in months. Again, thanks to CNA, I have simply been permanently and egregiously harmed. Too bad Wyndham has such a poor WorkComp policy. As you know, Fred Sachs sent me another useless list to work from to find a primary treating neurologist. Seemed to be the same useless one Daniel Elliott sent. Thanks to Social Security Disability and benefits, I may be able to get some legitimate medical treatment from brain injury experts, while building a treatment team for the long term medical requirements likely necessary due to the untreated brain injury of 1/9/12. I now have a local chiropractor, neurologist and psychologist. For the psychologist, for my next session, we will explore return to work planning. As you know, I want to engage in the interactive process for RTW planning. I have not received a corrected version, as requested weeks ago, of the current extension. Let’s get some real dates on the table and a meeting on calendar. Thank you. Linda Ayres, In Pro Per Lindaayres@aol.com Workcomplinda@gmail.com PS. I am hopeful of return to work without a FEHA Lawsuit….and being the Top In House Sales Rep in Palm Springs Ever….!

I am tired of the abuse by Grancell and CNA……and I am proceeding with complaints to “supplemental people” everywhere. InjuredWorkersUniting; Silent No More

#WorkComp: It’s Complicated or Obfuscated?

work comp guidelines

Linda Ayres “It’s Complicated or Obfuscated?”  vs Wyndham Worldwide – EDD and CNA and SSA  TTD, PD, and More

WorkComp – ADA, AME, CNA, CorVel, DOJ, EEOC, FBI, Grancell, IMR, Maximus, QME,  WCAB, WorldMark, WyndhamWorldwide – ET AL

TO STAKEHOLDERS, SHAREHOLDERS AND OTHERS TO WHOM IT MAY CONCERN:

workcomplinda@gmail.com, Favio.Corral@cna.com, Demetria.Winkler@cna.com, Christopher.Lucas@cna.com, Joshua.Ramos@cna.com, Blair.Shropshire@cna.com,  Shauna.Chiappella@cna.com,  Brent.Wisniewski@cna.com, Steven.Anderson@cna.com, Amy.Dreibelbis@cna.com, Jonathan.Hueschen@cna.com, Robert.Strozak@cna.com, Eden.Mauro@cna.com, Alissa.Mitchell@cna.com, Ryan.Carbah@cna.com, Julie.Western@cna.com, lindaayres@aol.com,  Reese.Walker@cna.com, Nina.Jones@cna.com, Jo.Speight@CNA.com, Joshua.Ramos@cna.com,  Amanda.Settee@cna.com, Kirtan.Dave@cna.com, fred.sachs@cna.com, SReubens@grancell-law.com, info@naidw.org, Faith.Taylor@WYN.COM, michael.grabell@propublica.org, mary.falvey@wyn.com, PATRICIA.LEE@WYNDHAMWORLDWIDE.COM, tina.jordan@wyn.com, kmall@grancell-law.com, amy.labroo@wyn.com, doug.parks@wyn.com, Scott.mixon@wyn.com, wvoleavesupportcenter@wyn.com, Jonathan.Isernhagen@wyn.com, Walter.Yosafat@wyn.com, sara.rojas@wyn.com, mike.reilly@wyn.com, Carol.Bullock@wyn.com, Megan.Gormley@wyn.com, Josh.Lesnick@wyn.com,  Sara.Salvatore@wyn.com, Barry.Goldstein@WYN.COM, Kitty.Pang@wyn.com, Faye.Tylee@wyn.com, shane.riedman@cna.com, Daniel.Tregoning@cna.com, Denise.Norman@WYN.COM, Nelson.Leiser@WYN.COM, Elena_Vega@corvel.com, imrhelp@maximus.com, RShafer@ReduceYourWorkersComp.com

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Hi Pamela at The Advocator  (and other interested parties and Stakeholders):

Thank you for your constant kindness and helpfulness.  Attached are the requested EDD pieces regarding disability payments shifted from the insurance carrier, CNA, in their willful and callous disregard of California Labor Codes in 2012 and questionable accounting practices since then.

(In this ongoing fight for my life, the Public Version of this missive is located at https://askaboutworkerscompgravytrains.com/list-of-posts)
 

The good news is that Tina Jordan, HR Regional Director at Wyndham Worldwide in San Diego graciously and kindly authorized the discount hotel vouchers so that I will be able to continue the Coastline Acquired Brain Injury Program for the Summer Session, which begins June 20th and she kindly said more are needed, to let her know.

“THANK YOU THANK YOU THANK YOU!”

There is a company that, as part of their cost-savings recommendations, recommends that Employers send ‘get well cards’ to their injured workers immediately with regular communication toward return to work.  (My address is below if any stakeholders want to begin to implement such a program and see where it takes things.) http://wcmanual.com/get-well-cards-package-of-10/  More tips below.

As most of you know, Wyndham HR was advised, apparently by defense, that they could not even speak to me, and when in December 2014 I attended a public open house – no resume required – come meet the managers and find out about Wyndham Worldwide – I was the only attendee from the public, but management made me sit in the empty room for about 45 minutes then politely told me they could not talk to me, couldn’t help me in any way, and that I would have to leave.  I was able to see a few former co-workers as they left the office, and that was fun and heart warming.  I told one former manager that I’m not quite right in the head yet and he, in kind and sales professional form say, ‘Don’t you worry about that, when you come back we’ll help you get your mojo back…’ or words to that effect, being encouraging and welcoming.

Coastline ABI Program is helping me discover compensatory skills to ‘do life’ again, and I am very grateful.  It was the kindest letter I have received from Wyndham since the injury, and I hope to hear back on extension of leave accommodation requested, and that we will commence the interactive process required by FEHA, so that I can get back to work when medically released.

The doctors are not hopeful of my return to work this year, but I am.  A second year at Coastline Acquired Brain Injury Program has been suggested by multiple people, and I do not like the label of being “100% disabled”…..my accountant used the term on my taxes as she said, “Linda, it’s been over 3 years.  Do you really think you will ever be able to return to work?”  NOBODY LIKES TERM DISABLED, AND I AM DISABLED BECAUSE OF CNA’S REFUSAL TO PROVIDE IMMEDIATE REASONABLE AND NECESSARY MEDICAL CARE IN 2012.  Monsters, but friends tell me, “Those lawyers are just doing their jobs” and I always say, “So did the Sonderkommando!  Just following orders is an insufficient defense!”

Here is the EDD  6/1/ 15 “Explanation of Benefit Payment Record” from 2012 through 2014. [available to the public upon request at WorkCompLinda@gmail.com]  Also attached are CNA print outs.  [Available to the public upon request at WorkCompLinda@gmail.com]  My math skills have been reduced dramatically since the injury, and I can’t make senses of any of this.  I just know that CNA has gotten away with some pretty coarse ‘cooking of books’ and violations of labor codes in initial refusals to pay TTD, refusals to provide medical care, and continuous outrageous refusals to reimburse simply miles to their doctors, and medically necessary treatments that were recommended but denied by non-doctors—being lawyers and adjusters without medical expertise, further evidenced below.

I am awaiting response from appeal of February/March 2015 from another industry leased/owned company called MAXIMUS.  Defense sent them exparte records with probable intent to continue to deny medical care, and we’ll see if Maximus deals with medical realities or just follows orders of their benefactors. CorVel certainly appears to follow implied directions of the defense counsel, even when an idiot would questions some of the directions.  A YELP review of some of their doctors, including their acupuncture and dope dealing neurologists who perform ‘independent medical reviews’ on behalf of CorVel  would make you laugh, to lighten the intensity of the allegations herewith.  FOLLOW THE MONEY, ALWAYS FOLLOW THE MONEY.

Will you let me know the findings of your accounting people also?  I am still working on organizing medical expenses to submit that may serve as further offsets.  I have spent more than $35,000 out of pocket to stay alive, despite the interference of CNA and their legal counsel in their continuous pattern of malicious, callous and willful harm, and ‘deny medical care by any means necessary’ approach to breaches of fiduciary responsibilities.

Now they want me to see an Ear Nose and Throat doctor for my brain injury, a doctor’s office that admittedly has no knowledge of brain injury.  As loss of hearing was mentioned in a very comprehensive auditory processing evaluation performed at the SCRIPPS Brain Injury Rehabilitation Program last summer (2014) now the Defense attorney wants an ENT to dispute it so they can continue to  refuse to provide auditory devices and auditory therapy.

That ENT request is the same nonsense as their leased/owned neurologists who have no clue that vision processing issues are a consequence of brain injury, and ‘corrected vision’ with prism lenses (that CNA also refused to pay for, or even authorize evaluations since 2012. The Judge refused my ADA requests to be seen and heard regarding this matter, as is another pattern and practice of WCAB Court I have experienced repeatedly since 2012.

I fullly expect Grancell to demand a podiatrist QME for my right ankle any day now.

I don’t know where the Workcompsters find their doctors and other participants, but it was heart warming to read about the recent bust of that dirty doctor ring in New Jersey last week.  I hope the FBI commences investigations into WorkComp, in California, with my case.

I don’t know how these records show the approximately $49K payout by EDD and the approximately $31K payback by CNA, with a bonus of approximately $18K by negotiated discount to CNA, apparently from Taxpayer coffers?

By copy, I am letting the CNA Adjuster know the actuals paid by EDD and asking if CNA wants to adjust their allegations that they “paid 104 weeks”…. the schedules of payments certainly dispute that, don’t they?  They may also want to revisit their legal responsibilities to pay on-going estimated permanent disability payments commencing 14 days after last TTD payment….which appears to be … May 2014 by EDD?

THANK YOU THANK YOU THANK YOU

Sincerely, With Thanks,
Linda Ayres, IN PRO PER
wynlinda@gmail.com
WorkCompLinda@gmail.com
lindaayres@aol.com
cell:  760 368 7236
PO BOX 835
Yucca Valley CA 9228

political language (2)

TIPS
#1  Employers that send GET WELL CARDS to injured workers and maintain communications achieve better return work results and over all outcomes.  See more here:  http://wcmanual.com/get-well-cards-package-of-10/

#2  Google Manage My Fatigue for a new app released by one of the instructors at Coastline Community College, with an aim to assist the Department of Defense in a simple app (utilizing more than 25 years research of helping Acquired Brain Injury Survivors deal with cognitive fatigue and reintegrate into mainstream life post TBI, and post concussion and post PTSD.   Michelle Ranae Wild can also be found on LinkedIn.

See comments by Master Sgt. Steckman, a fellow ABI Survivor at Coastline and cast your vote at the DoD link:   https://askaboutworkerscompgravytrains.com/2015/05/29/military-or-civilian-got-tbi-imagine-a-3-app-to-help-brain-injury-survivors/  

#3  “Your Radiation This Week” ongoing weekly series contains information that impacts not only the hospitality and travel industries, but also the risk management arms of the insurance industries.  http://www.veteranstoday.com/author/bobnichols/

Bob Nichols, Writer and Contributor at VETERANS TODAY  has written extensively on nuclear matters, pre-and-post Fukushima.  The #Wigner Effect may end up being one of the very visible consequences with the least plausible deniability in the coming days/years, as more planes crash and burn. Aviation catastrophe attorneys may soon be finding an uptick in their businesses.  Even drive-to-destinations are impacted, as you will see that Bakersfield, California is the Champion of CPMs in the USA …. (highest radiation readings as of last week)…. Remember remember to also ASK ABOUT FUKUSHIMA NOW, and don’t believe the pro-nuker propaganda that ‘there is no immediate danger.’

START WITH THE SCIENCE.  DO YOUR OWN RESEARCH.  SEE THE SOURCES IN EACH OF THE ARTICLES; DRAW YOUR OWN CONCLUSIONS    http://www.veteranstoday.com/author/bobnichols/

#4  ASK ABOUT WORKERS COMPENSATION GRAVY TRAINS  https://askaboutworkerscompgravytrains.com/list-of-posts/ is an amateur effort to increased awareness of Brain Injury and the horrors of the common practices of WorkComp insurance carriers such as CNA, which cost shareholders money, cost corporations loss of producing employees, and cost injured workers their hopes, homes, dreams and life….all for the mega profits of the few who are ‘just following orders’….

#InjuredWorkersUniting  #SilentNoMore

#5 Huff-Post has a series of contributors writing about Brain Injuries, that the adjusters and doctors might be wise to review. https://www.google.com/?gws_rd=ssl#q=huff+post+brain+injury On the whole, it does seem that Brain Injury Survivors have much more information about symptoms, consequences and treatments that the vast majority of the AMA and ABA crowds..and LinkedIn has a wealth of resources, as does Facebook.  THINK THINK THINK MOFOS thanks

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#CountOnMe is a favorite Wyndham Slogan, so to each and all of you, i remind you, I AM INJURED, NOT STUPID; #CountOnMe…. to expose these atrocities and either help you correct them and/or help the FBI investigate and indict with probable cause and plenty of evidence.  For any of you who may be people of faith, you also know that ‘One person and God constitutes an Army….’

WIN WIN

WE ARE THE MEDIA NOW

 WE ARE THE    MEDIA NOW

 

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