Tacks Day Again
Tacks Day is upon us once again.
On the plus side, the Post Office will be open late.
Always a silver lining, eh?
Author: Jay Shergill
Workers' compensation defense attorney, technology consultant, entrepreneur, web programmer.
WCAB Solicits Amicus Briefs on Weiner VR Repeal Case
The WCAB has just issued an “Order Allowing Amicus Briefs” (en banc) in the Weiner v. Ralph’s Company case. ((Photo courtesy of Mathoov)) The Weiner case is about the effect of the legislature’s repeal of Labor Code Section 139.5 as of January 1, 2009. The repeal of this statute may have the effect of terminating all rights to vocational rehabilitation.
For the curious, you can download a copy of the Order Allowing Amicus Briefs (en banc) here:
- Order Allowing Amicus Briefs Lawrence Weiner v. Ralph’s Company, Permissibly Self-Insured and Sedgwick Claims Management Services, Inc. (Adjusting Agent) ADJ 347040, MON 0305426 (en banc) (4/16/2009)
The Board is allowing until May 11, 2009 for any interested party to file their own amicus brief on these Weiner vocational rehabiltiation issues.
Bench & Bar Committee: Suggestions?
I was recently invited to participate on the Oakland Bench & Bar Committee. The first meeting of the rejuvenated committee is going to take place tomorrow. ((Nothing fancy – everyone’s bringing their own brown bag lunch.)) ((Photo courtesy of zappowbang.))
The committee includes a wide variety of stakeholders from the community – applicant, defense, lien claimants, and judges. The purpose of this committee is to foster discussion of issues of concern to the WCAB Oakland district office and the community.
Ideas?
I realize this is short notice, but is there a topic/issue you would like brought up at the bench and bar meeting tomorrow? Leave a comment or send me an e-mail!
Ogilvie, Almaraz, & Guzman: Reconsideration Granted! Amicus Briefs Allowed!
Sometimes even the WCAB needs more time to think. ((Photo courtesy of radiospike photography))
On March 26, 2009, the director of the Department of Industrial Relations, John C. Duncan, issued a letter to the entire Workers’ Compensation Appeals Board asking them to vacate their own decisions and solicit argument and amicus briefs. Here’s a copy, courtesy of WCExec.com, the Letter from Director of DIR to WCAB re: Ogilvie and Almaraz/Guzman (3/26/2009).
On Monday April 6, 2009 the WCAB issued three Orders Granting Reconsideration and Order Allowing Amicus Briefs (en banc) in Ogilvie and Almaraz/Guzman. For your review:
- Order Granting Reconsideration and Order Allowing Amicus Briefs on Wanda Ogilvie v. City and County of San Francisco, ADJ1177048, SFO 0487779, (en banc) (4/6/2009)
- Order Granting Reconsideration and Order Allowing Amicus Briefs on Mario Almaraz v. Environmental Recovery Services (a.k.a. ENVIROSERVE) and State Compensation Insurance Fund, ADJ1078163, BAK 0145426 (en banc) (4/6/2009) and Joyce Guzman v. Milpitas Unified School District and Keenan & Associates, ADJ3341185, SJO 0254688 (en banc) (4/6/2009)
What does the Order Granting Reconsideration of Ogilvie and Almaraz/Guzman mean for you?
- Ogilvie and Almaraz/Guzman are still the law. Despite Commissioner Aghazarian’s two concurring opinions, the WCAB did not issue a stay of either Ogilvie or Almaraz/Guzman.
- The WCAB has granted SCIF’s petition for reconsideration in Almaraz, granting reconsideration on their own motion in Guzman, and the parties’ petitions for reconsideration in Ogilvie. They have granted reconsideration on these cases to, “afford us a sufficient opporutnity to study the issues.” ((Hence, the “The Thinker” reference above…))
- Any interested party may file an amicus brief no later than May 1, 2009 at 5pm.
Suggestions for the Ogilvie Calculator
I was recently sent feedback about the Ogilvie DFEC rebuttal calculator on this website. ((Photo courtesy of biketrouble)) Here’s how I’ve incorporated that feedback:
- Inputs. The calculator results repeats the inputs with the results. This ensures that the answer provided gives you enough context when showing the calculation to the other side or when you go back to review your file.
- Email. You can now e-mail your calculations to yourself.
- Links. I’ve added a link to the various Employment Development Department and U.S. Dept of Labor, Bureau of Labor Statistics inside the calculator itself. It doesn’t automatically obtain the information, but hopefully you will find this helpful.
There are two other issues I’m thinking about:
- An easy way to pull up the FEC rank of a particular body part. Its kind of a pain to look up the body part, find the FEC rank, and then enter that into the calculator. I’m thinking ways to simplify this process. This shouldn’t be too bad to write.
- Rating using the Ogilvie DFEC adjusted whole person impairment. This one will prove to be a difficult one to write in an intuitive fashion.
How would you change these calculators? What else would you like to see? What do you hate about them? Shoot me an e-mail or leave a comment!