WHAT WORKCOMP MEDIATION CAN LOOK LIKE

Here is a communication shared with a few injured workers and medical care providers who have been battling the system for years.  It was written so that it could just be given to the attorney, if warranted.  Maybe it will help you also?  
Please let me know if it brings other questions to your mind, and we’ll see about answering them in another blog, in a general way, so others may also be helped.   Or, we can find some experts to address the issues in greater detail.

These are some rough thoughts on how mediation with a structured settlement team and Medicare Set Aside Expert can help move a WorkComp case to Settlement, freeing up an Injured Worker to get medical care. It is really quite simple and effective.

The drawing attached is a “mind-map” created as a draft and talking points for the blog.

mind map structured settlement out

DISCLAIMER:  This is not legal, accounting or tax advice and you are encouraged to seek professional advice from same before entering into any agreements with anybody.

Insurance carriers are often inclined to AGREE TO MEDIATE when “RESERVES” are known to be high.  Via a structured settlement situation, they somehow save money with spending future dollars and not all in one chunk.

A good Structured Settlement negotiator is key, and a good, EXPERIENCED WorkComp MEDIATOR.   There seems to be a whole new venue of “Medicare Set Aside” experts, which the Mediation/Settlement team can probably recommend.  Social Security is a mine-field, so stay alert and be prepared for anything.

Mediation seems to work for unrepresented injured workers, but it’s more work for all parties, and some people won’t do it.

If you have legal representation willing to step aside and let settlement negotiations take place, it can be win/win/win for all parties, and more importantly, can mean freedom and restoration of civil rights for the injured workers.

Some attorneys representing Injured Workers are even known to accept their portion of settlement on a structured basis, as it also has some tax benefits, if I understand it correctly.

Often, the “parties reach agreement, subject to a confidentiality agreement” and the injured worker is spared years of delays, denied medical care and legal anguish.  The carriers often save money, and close the books.  Attorneys get paid, even when they have done little to facilitate resolution and settlement.

So, remembers, it is NOT ARBITRATION.  Mediation takes place outside of WorkComp arena and is approved by a WorkComp Judge upon completion.

Mediate.com is a resource that shows how few professionals are involved in WorkComp SOLUTIONS in California.    There are several structured settlement companies that also specialize in WorkComp structured settlements.

If you or your attorney would like the contact information for a couple of professionals, please feel free to let me know.   Using my name may or may not be beneficial.  One California Brain Injury Super Lawyer allegedly told one TBI Survivor “you are very lucky to have Linda as an advocate on your behalf.”   Others have said that I “scare industry people”….

If your attorney says the carrier and defense will not settle, he/she may not have all the information and tools to make that happen.  It can start with a simple call to the defense with a question, “What will it take to settle this case now?”

If your attorney wants some encouragement to explore settlement possibilities, feel free to have him/her contact me.

“Anytime, anywhere any Injured Worker reaches out for help, I want helping hands to be there, and for that, I am responsible.”

Best wishes,
Linda Ayres

WorkCompLinda@gmail.com
MyWorkCompCoach.com

wc workcomp 6 1 2017 - 2



action-always-beats-intention

Continue to #DodgeTheRads!  “Know your Rad Number!”  

Check the TABLE OF POISONED AMERICAN CITIES!  GOOGLE IT!

WE ARE THE MEDIA NOW 

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Got #Brains or know someone who does? Are you a doctor, lawyer, judge, politician or other professional interacting with TBI survivors?

Got #Brains or know someone who does?

Are you a doctor, lawyer, judge, politician or other professional interacting with and profiting from TBI survivors? Find out what you don’t know, and don’t treat, and don’t represent when it comes to brains— ethics demands you GET SMART.

BOOKMARK this YouTube WEBSITE, and share it when a friend or client shares they have a brain injury.   Subscribe to this blog for periodic updates.    Here’s a page of more VIDEOS on WorkComp, which include, but are not limited to HEAD INJURIES.

One example of incompetence, willful ignorance and worse is the number of attorneys in the WorkComp field who falsely purport to be capable and competent to represent people with brain injuries — and think a brain injury is the same as representing someone with a broken finger.

THAT’S MALPRACTICE, IN CASE YOU’RE NOT SURE. It would further seem that Orthopedic Surgeons, Clinical Psychologists, Cardiologists, Podiatrists purporting to treat brain injuries is another form of MALPRACTICE.

It’s a wacked out business plan….risk a $100,000 maximum ‘wrongful death’ lawsuit if medical care costs will exceed it.  WIN WIN, and increased referrals and ‘gifts’ to contributing complicit doctors, lawyers and politicians and/or their non-profit organizations??  Pffffft.

Romano Trust vs. Sedgwick/Kroger et al apparently legitimized and made it possible for ‘the system’ to get away with it…. remember, that court decision apparently gave the Insurance industry profiteers  the “green light” to deny medical care by any means necessary, without prosecution for fraud, malfeasance, culpable negligence and just outright dereliction of duties.  THANK A CALIFORNIA POLITICIAN.

For those of you funded to do “studies”….  compare the outcomes of the non-work-comp Brain Injury Community to those who suffer, wither and die waiting for proper diagnoses and any legitimate medical care, often for years within the American Worker’s Comp system.

While non-Work-comp patients also deal with unknowledgeable and incompetent providers, or specialists who operate like those who ‘only have a hammer, so everything they see looks like a nail’…. THE WORK COMP SURVIVORS HAVE THE ADDITIONAL FIGHT FOR LIFE WITHIN A SYSTEM DESIGNED TO MILK THEM FOR PROFITS, AS CASH COWS, FOR AS MANY YEARS AS POSSIBLE, THEN TOTALLY DISABLE THEM, AND KICK THEM TO THE CURB, Shifting costs to the victims,  government agencies and private charities, etc.

Vlogs – Injured Workers and Others

Remember the words of the former Secretary of the Department of Labor:

“I hope that Congress will step up”- he added. “We have to fix this system.” – Thomas Perez – DOL

D’oh!  Tell your friends and neighbors; Congress already knows!



HOPE?

I recently found a great new #TBI channel….. I watched almost all her videos last week…..best I’ve seen out of a Survivor yet…. her little Snow White skit is silly but any TBI survivor will ‘get it’…SOLUTION ORIENTED. . .

Here’s the link….Nathalie Kelly starts with her story.  2:30 minutes.  The Traumatic Brain Injury Coach Introduction   Boat crash.  Not Work Related.

She has interviewed experts and has a great marketing strategy for funding her youtube video education….. simple and easy, using NLP– neurolinguistic programming — hypnotist… Check it out…it’s uplifting and heart warming… TheTBICoach.com   If you’re a professional, reach out to Nathalie…. she might feature you in one of upcoming videos.

Optimizing Your Brain Function
https://www.youtube.com/playlist?list=PLyZCQFut7CKUZYcmtQuoZER5Hy0fcJ_ql




There are many more  goood to great resources for self-care that the professional world, including DoD, fail to deliver.  There are also a few good doctors, lawyers, politicians, providers etc.  Hard to find, but findable…

There are many great blogs by Brain Injury Survivors, and many authors who have been telling their stories to all would care to listen.  Do you have a favorite?  Let us know….


Radiation poisoning impacts the brain and executive functions (just look at California’s politicians for some clues about LOEF – Loss of Executive Function!)….  Be ITK and also take precautions about Your Radiation This Week.   Subscribe to THIS YouTube Channel also:  “Facing a Dying Nation” —  Nichols on Nuclear 

POOL RESOURCES!  #DodgeTheRads—  After all, WE ARE THE MEDIA NOW

This is a public service message brought to you by Linda Ayres and Friends —  Shall we update this page this year?

Injured Worker Resources …… add to it! We Are The Media Now.

MY WORK COMP COACH says WE ARE THE MEDIA NOW

 

 

 

DO ATTORNEYS FULFILL THEIR ETHICAL AND MORAL OBLIGATIONS TO INJURED WORKERS IN AMERICA? If not, why not?

“…Culpable negligence means recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)…” [1]




“….It is clear that workplace injuries have significant crossover effects on Social Security Disability Insurance, Medicare, and other programs. While further study will be needed to expose the specific effects of changes in workers’ compensation laws, evidence suggests that the costs of workplace injuries are being shifted not only to injured workers and their families, but also to federal programs….”

https://www.dol.gov/asp/workerscompensationsystem/workerscompensationsystemreport.pdf

READ ALL ABOUT IT…… THEN CONTACT THE CONGRESSIONAL REPRESENTATIVES WHO PURPORT TO GIVE A HOOT ABOUT INJURED AMERICAN WORKERS

October 20, 2015 Letter from Congress to the Secretary of the Department of Labor

https://assets.documentcloud.org/documents/2465674/letter-from-federal-lawmakers-to-labor-on.pdf

flag distress signal

U.S. Labor Department: States Are Failing Injured Workers – ProPublica

https://www.propublica.org/article/us-labor-department-states-are-failing-injured-workers

Oct 5, 2016 – A new Department of Labor report says cuts to state workers’ comp systems have … U.S. Labor Secretary Thomas Perez on Capitol Hill in April.

does-the-workers-compensation-system-fulfulll-its-responsiblities-to-injured-workers-no-it-does-not-whats-your-workcomp-story

NOOOOOOOOOOOOOOOOOOOOOOOOOO!!! IT DOES NOT!

 

WATCH THE VIDEO—-

Insurance Company Takes Action After I-Team Investigation

AIG has admitted to mishandling a workers’ comp case of a man injured in a forklift accident

Randy Mac  and Philip Drechler


#WorkComp 3D tactics- not unusual    

AIG is not alone, nor are the actions unusual.   Watch the video and see how they apparently arrived at admission.

Right of AIG to admit mishandling…..that is the way to resolution….contrary to industry propaganda that suggests the GladGame by such injured workers should suffice to keep everybody quiet and the profits and year end bonuses flowing to industry workers at all levels.  Can you believe some of those industry bloggers?  D’oh! UB!

A Church-friend sent the above link with a note about this typical carrier conduct and abuse of catastrophically injured Workers in California and beyond:

“It looked like he [Keith More] started to get the ball rolling for that poor guy [Ramon Contreras] . Gives some hope that there is someone out there that cares”

How many #injuredworkers in California can’t find legal representation to fight such atrocities? ? #CulpableNegligence?

BRAVO also to Randy Mac and Philip Drechsler NBC News

If you know an attorney willing to help such injured workers who have been poorly represented by prior counsel & who are now unrepresented —please contact me 

We  will put you in touch directly with the workers unable to find legal representation.

If I could wave a magic wand & change anything about #WorkersCompensation I would ensure immediate reasonable & appropriate medical care & benefits & incite mediation with intention to settle and abolish litigation and the litigators. 

 

[That’s just the TIP OF THE ICEBERG! ASK ANY PROFESSIONAL WHO LEFT OR IS LEAVING THE INDUSTRY…ASK ANY INJURED WORKER ABOUT THE …OBSTACLES TO JUSTICE AND CIVIL RIGHTS AND HUMAN RIGHTS….]

 

DO ATTORNEYS FULFILL THEIR ETHICAL AND MORAL OBLIGATIONS TO INJURED WORKERS IN AMERICA? NO……THE MAJORITY DO NOT.

Remember Remember Romano Trust vs. Sedgwick?? 

ASK ANY INJURED WORKER FAILED BY THE SYSTEM WHERE THE CULPABLE NEGLIGENCE SEEMS TO LIE.   JUST ASK ANY INJURED WORKERS.

Culpable negligence means recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences).

It is the omission to do something which a reasonable, prudent and honest man would do, or the doing something which such a man would not do under all the circumstances surrounding each particular case. [State v. Emery, 78 Mo. 77, 80 (Mo. 1883)]

“The term culpable negligence should be construed to mean a negligence of a higher degree than that which in civil cases is held to be gross negligence, and must be a negligence of a degree so gross as to be tantamount to a wanton disregard of, or utter indifference to, the safety of human life.” [Smith v. State, 197 Miss. 802 (Miss. 1945)]

Source:   http://definitions.uslegal.com/c/culpable-negligence/  [1]

pffffft…. read the whole article on HuffPo…

Then read the challenge again:

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WORKERS COMPENSATION INDUSTRIES MERELY MAKE EXTREME PROFITS FOR THE INDUSTRY WHILE MAIMING, IMPOVERISHING AND KILLING INJURED WORKERS — IT’S NOT VERY NICE.

MY WORK COMP COACH says WE ARE THE MEDIA NOW

“Without a blog and a growing email list, Injured Workers are unarmed and unprotected….”

What’s YOUR WorkComp Story?

Library of Posts

List of Posts – ASK ABOUT WORKERS COMP GRAVY TRAINS

Have YOU read them ALL yet?

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MY WORK COMP COACH says WE ARE THE MEDIA NOW

Let’s Add these Videos, Vlogs and Blogs to the American National Discusssion on Workers Compensation. Let’s join forces with our allies in Canada, UK and Australia.

Injured Worker Resources …… add to it! We Are The Media Now.

Wishing all WorkCompsters Very Interesting Lives in The Great Outdoors!

Be ITK about Your Radiation This Week – Notice the Notice

All others, continue to Dodge The Rads – It’s Dangerous Out There!