WorkComp and Cans of Worms – For the National Discussions Agenda – Organize the Warblers!


Worm eating Warbler - Audubon Field Guide

“…legal representation can make a difference between a lifetime of impoverished living and return to normal lifestyle…..”   DePaolo’s World – Thoughts and impressions on Workers’ compensation and Life:  Can O’Worms

YEP. The legislated ability of non-performing attorneys to have liens on a case that hinders ability for competent replacement when initial attorney choices have been poorly made by ill-informed Injured Workers is a huge ethical problem.

That harms not only the injured workers, but taxpayers and the legal community.

The lack of knowledge of body parts, return to work strategies, obtaining medical care and competent providers, as well as lack of expertise in mediation and structured settlements is another gap in attorney performance that harms many.

It’s good for the defense side, though. They bank on it, don’t they? :/ Isn’t that part of what keeps cases churning for years and years and years, with a little periodic hand-wringing by various ‘stakeholders’ about ain’t it awful for the poor injured, unemployed, disabled-by-comp workers? : (

When even the Information and Assistance Officers, (officers of the Court?) as in California, insist that WorkComp is an “adversarial system” that is yet another problem identified requiring complete transformation; barring transformation, complete and total demolition is required.

If there is no intention or will to provide “immediate, reasonable and appropriate medical care”…. why not just call it an extermination program, based on outcomes?

WorkComp Exterminations —– there’s little compensation for the Injured Workers, and too many PAY WITH THEIR LIVES after long, torturous ordeals. Most Injured Workers have the same story—-just different names and different body parts. Quite similar outcomes. Survey the real doctors. Ask the Super Lawyers.

When attorneys play a numbers game with the lives of injured workers, accept denials of medical care and benefits for years, in hopes the attorneys may ‘hit a jackpot’ on another case it seems to be not only ethical violations, but breach of fiduciary responsibilities of applicant attorneys, evidenced by the years and years (50 or 60 in CA?) of dismal outcomes for the injured workers and other taxpayers.

“It’s the proverbial can of worms and complete satisfaction is unattainable, at least in the current configuration of workers’ compensation.” – David DePaolo:      Read the article here:  Can O’Worms





Shawback April 29, 2016 at 7:54 PM   

My husband has finally gotten in front of a judge for a settlement hearing after almost 10 years. We often think our attorney is on the other side. We weren’t told we could have a witness other than me & when we asked if our friend of 40 years could testify he said “no, we don’t want it to sound rehearsed “.
Then he requested that I write a list of questions that he should ask me when I testify.
Any advice?

 Comment on a Comment on The Original Post:

When you are represented, you are somewhat at the mercy of the party retained to represent you.

Ten years?!!! That’s not uncommon. If your attorney is asking you to do his/her job, that is very much a red flag. Same attorney for the entire 10 years? What outcome is this attorney preparing you for?

Best to have that conversation and understanding prior to getting in front of the judge, IMHO.

It might be worth a second opinion and A willingness to change counsel if you find a more responsive and proactive and prepared representative.

An alternative is to consider mediation and a structured settlement discussion PRIOR to the hearing. If your current Counsel’s negotiating skills are lacking, a mediator can possibly bridge that gap. Search LinkedIn for MEDIATORS and find ones with WorkComp expertise.

What State is the case in? How much time before the hearing?

There is a group called National Association of Injured and Disabled Workers with a wealth of other injured Workers willing to share experience strength hope and resources. Check them out!

Browse through all of David DePaolo’s blogs for an excellent overview of the national WorkComp systems. Search his blogs for articles on settlements.

Never give up. Help your husband protect himself and your family. The system does not protect and it sounds questionable that your current Counsel may be of much help. DO Your HOMEWORK. BE PREPARED for more of the same that you have already experienced in the past 10 years. Sorry.

Know that you are not alone and that many best wishes are coming your way from Injured Workers around the nation who know your pain! Let’s see who else weighs in with a kind word, hope, strategy or resources.

BLOG ABOUT IT! You can start a Blog with the question you posted and watch your network build! Settlement is not “the end” so continue to reach out for survival tips!

Take care of yourself and your family, and tell your story your friends and neighbors because

Remember Remember:  Charles Romano, RIP


The Antithesis of Robin Hood

“The unfortunate story of Charles Romano acutely demonstrates the perversity of this arrangement.”

“Romano, if you recall, sustained an industrial injury and during the course of treatment incurred the infectious methicillin-resistant staphylococcus aureus that shut down his lungs and kidneys and paralyzed him below the shoulders.”

“The adjuster for third party administrator, Sedgwick Claims Services, overrode physician requests and a judge’s order to provide appropriate medical care, and Romano died as a result.”

“That the state also profits is the height of hypocrisy.”



“Without a blog, an Injured Worker is UNARMED in the War On Workers”     #Blog4Life, Freedom, Liberty & Justice for all.


Remember Remember…. We Are The Media Now.




Si legal respresentation 1 53 an hour too much

Comments?  Join the National Discussions.   Here or there, because WE ARE THE MEDIA NOW


“Without a personal blog, an Injured Worker is unarmed in the War On Workers, #WoW!” –

i blog therefore i am a work comp survivor watch for e course

Watch for the eCourse – WorkCompSurvival and Virtual Combat Skills

“Without a personal blog, an Injured Worker is unarmed in the War On Workers, #WoW!” 



Open Letter Sedgwick Institute – LinkedIn Group Attention: to Jonathan Mast

Hi Jonathan Mast:
This was going to be a ‘private message’ but I see that Chris Mandel, Director at the Sedgwick Institute has just posted a request with the topic, “The National Conversation on WC”  and that  “….What do you think? Is the system broken or in need of major repair? Your thoughts on specifically how the SI might play in this important dialogue, is welcome.”. .
I will therefore make this an open message to you and the group, including Chris Mandel.  I am very intuitive and I have a sense of who has had his ear today, so without further ado, here’s what I wrote to you this morning, and that I joyfully share with the entire group, for what it’s worth.   By Monday, I will take another swing at the concepts here, and in the earlier blogs, and do my best to compartmentalize the issues and potential actions.
I am sooooo excited about the potentials of the Sedgwick Institute LinkedIn group!   That sort of open forum is EXACTLY what is needed, and I applaud the effort.  Thank you again!  How can we facilitate more input from Injured Workers to save more lives?   I have some ideas.   Here are a few, for what it’s worth.
Read at your leisure; respond if you are so inclined.
Best regards,
I have blogged and posted  about your new group extensively, encouraging people to request to join, and I have just gone thru my A-list on LinkedIn and extended direct  invitations.  I hope they join.  They are professionals I have met along the way, and good thinkers, and far more ‘politcally correct’ that I could ever be.
I would like to invite, once the group is larger and more established, Dr. Bennett Omalu, of Concussion / NFL fame.  Such an invitation to your group might best come from you directly.   Let’s put that on the agenda?
Across the boards, Brain Injury is exacerbated by current WorkComp practices, and with some immediate, reasonable and appropriate medical care, many such injured parties could likely return to work in the first year…. but as it stands, too many end up permanently and totally disabled.  The same seems to hold true for back injuries.  A study of OUTCOMES of similar injuries in and out of the industry must become a key study area for the actual “Sedgwick Institute” — imho.  
With new energy, the conversations about Workers Compensation and Injured Workers may become more relevant.  Without it, it will just be more singing to the choir by the usual crowds.  Without new conversations, shareholders WILL be adversely impacted.  “No lie lasts forever.”
Will you be creating a similar group on Facebook?   There is a very loud and very angry crowd over there, with some very legitimate reasons for outrage.  If you are open to creating, as mentioned in one of my posts, a ‘Si Venting Room’ as a step from the actual ‘virtual conference room’ …. I believe that Injured Workers can do a ‘brain dump’ and ‘just the facts’ can then be presented for further discussion.
Here’s a thought:  If your group ‘admin’ team might be willing, they could help make Injured Worker rants/complaints/stories more concise, and relevant to the Sedgwick Institute aims IF THEY COULD OFFER, OR FACILITATE, ‘editing’ support…. core issues could be clearly identified, and once a problem is identified, it’s on the road to transformation.    You could send me a short note, thanking me for my interest and enthusiasm, and advise that you will or will not be creating a Facebook Sedgwick Institute group, and indicate that SI IS very open to hearing from Injured Workers — impacted by Sedgwick and others — and if the issues are kept ‘anonymous’ they can be clearly discussed for the common good.
You can mention that even investigative reporters have commented on how Injured Workers go on and on and on from this to that, so you could offer a joint venture type event — even with help from your training department…..  Invite Injured Workers to tell their stories, unbridled, and let some of your adjusters in training or other appropriate staff do a summary for discussion?   That could be win/win/win…. and long and short versions could be shared…. and just maybe, some THOUGHT LEADERS may have a Flash of Genius in each matter.
If I can help you further in your social media efforts, I WILL HELP.   If you will create some intense surveys, more will be revealed.  To focus solely on the OPIUM traffic could derail your entire group.  Any ‘blame the victims/injured workers’ sentiments could do like wise. If the intent is an honest platform, there’s lots more ahead!
It is my intention to ensure that the decision making arm of Sedgwick Institute gets some real facts from the ‘battle fields’ in hopes they will incite compassion, medical care, disability benefits and settlements for the most egregiously harmed.
I am compiling some of the ‘stories’ I have received, and the Injured Workers want anonymity, so that means the carriers and their employers get the same courtesy.   I will share it in the group as soon as it is done, in hopes that more issues can be identified and perhaps some of the ‘thought leaders’ will roll up their sleeves and dish out some solution oriented dialogue.
If you have any suggestions for me in how I can better present the Injured Worker perspective, please feel free to share.  Here is the questionnaire I have used… and it could be further developed, without question.  I do my best.  
A similar questionnaire could be developed to reach the attorneys, doctors, providers, employers etc.   The California Attorney Applicant Association is doing a little survey about the ‘broken work comp system’ that is, in my opinion, entirely too weak.   Such organizations absolutely need training in negotiatons, mediations and structured settlements.
Kimberly George and I were to have a phone talk a few years ago, but it never happened.  The phone is not easy for me, post injury, but if you would like to chat, my cell is 760 368 5243.
In any event, I wish you and yours new insights so that you can make amends to the Injured Worker populations and lead the way for others to do the same.
According to David DePaolo’s blogs, Dave North is not a bad guy, and in fact, he seems to be a real people person at the conferences, etc.  I sent him a connection request this morning.  You might want to be able to let him know that we have made contact and while I may be somewhat of a ‘loose cannon’ … my heart is in the right place — to help save lives of Injured Workers.
WorkComp destroyed my faith in the American judicial systems, so relying on business expertise and experience, I KNOW that lives can be saved and your industry can be revamped without harming as it does.  Teams of Mediators and Structured Settlement people could turn the tide.    It just needs some communications, willl to good and some hard core facts.  

From an Injured Worker’s Perspective – Deploy Mediation and Structured Settlement Teams to reach resolutions

So, Good Day to you, and let’s see if we can call a truce in the War On Workers, and begin restorations.
Thank you for your consideration and time.
Best regards,
Sedgwick Institute   FB post  4 27 2016

From an Injured Worker’s Perspective – Deploy Mediation and Structured Settlement Teams to reach resolutions

“…In the meantime, I welcome your thoughts about what the SI might focus on and who might best serve as “visiting fellows” to help fullfill our plan and agenda as they evolve. Please feel free to share here….”    Chris Mandel, RF, CPCU, ARM-E  Director at the Sedgwick Institute


SI  GROUP RULES  4 26 2016

From an Injured Worker’s Perspective – Deploy Mediation and Structured Settlement Teams to reach resolutions

Thank you for creating this group, [Sedgwick Institute – on LinkedIn ] and for being open to participation by Injured Workers who have dodged some bullets in the system, and got out alive.

I blog, and my ‘rebranding’ blog is and my ‘screaming to the high heavens’ blog is

It can be used as a study piece that this community of thought leaders may find some new perspectives and identification of issues requiring solutions and resolutions.

Professional friends, upon learning of my workplace injuries, advised ‘get out of work comp by any means necessary, it will kill you!’ Later, some of the same people, and new professionals, said they had never seen anyone fight so hard for life and exit from the system. Believe it or not, a warm and somewhat fuzzy best wishes letter even arrived from the defense.

I am currently collecting stories from other Injured Workers in hopes to present issues for the “National Discussions” that appear to be in progress.

Many of us are extremely grateful for the stellar reporting of the investigative reporters that provided America with the information in The Demolition of Workers Compensation, that may serve to save more lives. Many of us hope for an encore. I personally hope that investigative reporters will be invited into this group, and encouraged to participate and demolish the existing systems, and replace them with ones that reflect values of life, liberty, and justice for all.

I seem to ‘scare’ some people with some of my out-of-the-box ideas, but over the course of my career, prior to the workplace injury, I had also supported some very powerful captains of industry. Thinking small is not second nature to me.

I will watch and read, and practice some restraint in this group, seeing it as a huge opportunity to make a positive impact in the lives of not only Injured Workers, but in the lives of providers & workers on the ‘short-end-of-the-work-comp-stick.’

My WorkComp Coach

#Blog4TheCure #DodgeRadsNow #OccupyVirtually

  • Linda Ayres

    Linda AyresI welcome public or private discussions, and I can be easily reached at

    If you will be dividing into committees, I am a natural networker. Please let me know how I may best be of some support in identifying more of the real issues, and facilitating dialogue with injured workers in America, Canada, Australia, UK and beyond.

    It could be beneficial to set up a ways and means for WorkComp workers to chat, in a non-adversarial manner, with injured workers, not unlike programs for incarcerated members of society to have pen-pals with the ‘free world.’

    We all know some of the same people, and really, WorkComp is everybody’s business.

    Thank you, Jonathan Mast! For the record, and for this group, attached is the link to your announcement of the group, and my very public request to join!

    Original Post:

    Kind regards,

  • Linda Ayres

    Linda AyresHere are “More Talking Points for a Global Summit on WorkComp Resolutions” for your consideration.

    Here is a survey that Injured Workers have been responding to via my blog:

    Talk soon! Thank you again for this opportunity to meet and discuss.

    I may include a blog soon to invite others to join. My reach may be somewhat different than many of yours, and there may also be overlap.

    In any event, We Are The Media Now. Let’s make it count.Show less

    EVERYBODY HAS A WORKCOMP STORY…. whether you are an injured worker, a doctor, lawyer, government worker, office staff, PA, nurse, or someone with a good job, AT RISK of a workplace injury.


Let’s get the issues on the virtual conference tables.  If it’s mean to be, it will happen in 2016.   Proceed, without fear or caution.
  • What’s YOUR WorkComp Story?   Tell it here, and let’s roll.  The ‘questionnaire’ may evolve,  if the experts are truly willing to look at the issues.  Give it your best shot.
WE ARE THE MEDIA NOW #DodgeRads #OccupyVirtually
  • Note, I have experienced vicious, unfounded attacks in the past, and just so you know, we do not….forget.  Don’t do it again, thank you.
  • Help existing WorkComp Victims find freedom and health, and warn the others who have not yet experienced it.  There is some hope, albeit tiny, that the system will change.  Help Now.
  • Here’s how it was handled the last time. If happens again, it won’t be so nice. Promise. Insurance Industry Trolls or WorkComp Opiate War Casualties?ninja
  • If you’re an Injured Worker without a blog, you are Unarmed in the War Against Workers.  You may be suffering from Stockholm Syndrome and have to add that diagnosis to your list.
  • Do this now:  Setting up your own blog, even if it is just to be shared privately with your friends and loved ones, is the FIRST STEP in transcending Learned Helplessness and acquiring Virtual Combat Skills.
  • Collect your thoughts and #Blog4Freedom, Life, Liberty and Justice for All.
  • STEP TWO:   Follow THIS blog for more unfolding details.
  • Remember Remember to #DodgeTheRads and #OccupyVirtually! because:



If you’re an Injured Worker —  use this opportunity wisely, for the greatest good for the greatest numbers of Injured Workers.  It might even help you get your case moving toward mediation and resolution.

It is my hope and prayer for each of you to find a way out of the system — it’s the only way you will survive.  There is life after the horrors of work comp.  Believe that!



#Blog4Freedom, Life, Liberty and Justice for All!

wc time for change


FURTHER ACTION:   Request to Join the Sedgwick Institute – LinkedIn Group… remember….no hitting, kicking, spitting, name calling or street talk.   These people have jobs!  If you’re a professional, join and share — you do not have the right to remain silent.

Remember, most WorkComp groups don’t want to know about Injured Workers as real people, let alone hear horror stories.  It makes them feel, and they can’t proceed, if they start to have feelings that Injured Workers are humans, being subjected to some of the most unimaginable events for the profits of the few.

One Veteran suggested, “Tell them to conduct themselves as if they are Prisoners of War. They will know what to do, and how to survive, and how escape.”

Let’s hope for a PEACE TREATY, restitution and reconciliations along with rehabilitations.

While many hope for only retribution for the offenders, let that go for now.


Maybe we will collectively witness rehabilitations and transformations.

You’ve done your time — now seek your freedom, and learn what you can to build a new life.

The Age of Information can set you free. It’s a Freedom Train….  if you case is too complex, find some help to tell the story as succinctly as possible.   You have 30 seconds to grab the attention of influencers.

Remember, everybody already knows what you have endured, and all your ‘evidence’ and medical records don’t mean much at all.



SI  GROUP RULES  4 26 2016

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