Author: Jay Shergill

Workers' compensation defense attorney, technology consultant, entrepreneur, web programmer.

By Posted on Posted in PDRater, Search Engine Ranking, SEO, Technobabble, Website Updates No Comments Tagged with ,
PDRater.com breaks another record!
PDRater.com breaks another record!

I’m out of the office for one lousy day and what happens?  A record number of visitors to PDRater.com, that’s what. ((Photo courtesy of Ann Althouse.))  I suppose I should spend more time up at the Santa Rosa WCAB, eh?

On Wednesday February 18, 2009 this website had a record number of individual visitors.  On that day I  234 unique visitors.   ((The previous record of 180 visitors was set on August 23, 2008.))  In the grand scheme of things, this is a fairly low number of unique visitors to a website.

However, most people come to this website looking for information about California workers’ compensation, workers’ compensation resources, workers’ compensation calculators, and updates regarding recent workers’ compensation cases.  The vast majority of website visitors (I’m extrapolating from those who have signed up for free) are claims adjusters, law office staff, and applicant and defense attorneys.

This sort of website traffic is considered to be very “high quality” as in the number of people from my target demographic comprise the vast majority of those people who actually visit my site.

By Posted on Posted in Medical Provider Network, Workers Compensation Resources No Comments Tagged with , , , , ,
Doc-in-a-box
Doc-in-a-box

I began maintaining a list of MPN providers about a year ago specifically because I find them so frustrating. ((Photo courtesy of aussiegall)) (Explanation of the photo on the right ((A “doc-in-the-box” is a derragotry phrase for a physician who is, for lack of a better term, in someone’s “pocket.”  Doctor Who is a is a British sci-fi television show about someone called “The Doctor” who travels through time in a police box.  The photo on the right with the caption is my attempt at humor.)) ) Admittedly, a year ago I was an Applicant’s attorney, but that’s besides the point.  Even as a workers’ compensation defense attorney and I’m still frustrated by MPN lists.

In order to find a treating physician with an MPN you need to have a conflagration of events.   The right Medical Provider Network link to the right website for the right carrier with the right password.

According to the Division of Workers’ Compensation website, there are 1,334 official and approved Medical Provider Networks for California.  Unfortunately, the Division of Workers’ Compensation list of MPN’s is almost completely worthless since it doesn’t include a website link or other useful information about these various Medical Provider Networks.  The most useful part about the DWC’s list of MPN’s is that it will tell you whether or not a particular employer/self-insured/insurance company has an MPN.  There is a lot of amount of duplication on the official MPN list.  I would estimate there are really only about 500 or so unique Medical Provider Networks operating in California.

In any case, I’m maintaining a list of Medical Provider Networks links and passwords.  If you know of any additional MPN websites, logins, or passwords, please drop me a line and let me know.  Right now, I’m looking for updated links and passwords for:

  • Concentra MPN (Medical Provider Network)
  • CorVel MPN (Medical Provider Network)
  • Keenan & Associates MPN (Medical Provider Network)

Hopefully workers’ compensation professionals on both sides will find this information useful.

By Posted on Posted in 2005 PDRS, Calculators, Case Law, Downloads, Free, Ogilvie, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Technobabble, Website Updates, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , , , , , , , , , , , , , ,
Workers Compensation Calculator
Workers' Compensation Calculator

I had an interesting e-mail exchange with a friend (and fellow workers’ compensation professional) the other day. ((Photo courtesy of Street Fly JZ))

We were discussing the impacts of Ogilvie on 2005 schedule ratings.  He had asked me whether I intended to update the 2005 permanent disability rating calculator to include FEC Ranks after the scheduled 8.  I believe he had suggested FEC Ranks 9 through 20.

I have no intention of manufacturing FEC Ranks 9 through 20 for the following reasons:

  • Maintaining Standards. The entire point of a rating schedule is to allow a standardized method for calculating disability and expressing those disability calculations.   If I invented my own FEC Rank system beyond the scheduled 1-8 Ranks, I would essentially be creating my own rating calculation system.  I’ve gone to considerable lengths to ensure that the rating strings produced by these permanent disability calculators are as standardized, recognizeable, and universal as possible.
  • FEC Ranks are Irrelevant. The FEC Rank system is a simplified method of applying DFEC adjustment factors.  When you use the FEC Rank of a particular body part to adjust the standard using the charts on pages 2-6 and 2-7 of the 2005 PDRS (permanent disability rating schedule), what you’re really doing is essentially multiplying your standard disability against the FEC adjustment factor associated with the particular FEC Rank for the body part in question.  An FEC Rank is only useful for telling you the appropriate FEC adjustment factor to apply to the standard disability.  Thus, FEC Ranks are irrelevant and FEC adjustment factors are all important.
  • Arbitrary FEC Ranks. FEC Rank 1 has an FEC adjustment factor of “1.100”.  However, using the Ogilvie DFEC rebuttal formula, it is possible to end up with very low FEC adjustment factors.  In extreme circumstances it would be possible to have a negative FEC adjustment factor.  The only way to resolve this would be to have several possible negative FEC Ranks.  Besides being somewhat silly, worrying about additional FEC Ranks ((Both higher and lower than the normal 8)) misses the point.  If you’re using the Ogilvie DFEC rebuttal formula properly, the result will be a new FEC adjustment factor.  If you already have the FEC adjustment factor, you have no need for the FEC Rank!

When I had discussed the impact of Ogilvie earlier, I had pointed out that in some cases the resulting formula will dictate that you use a different FEC Rank than the one indicated by the affected body part.  In other cases you will need to use an entirely new FEC adjustment factor.  In order to keep the 2005 disability calculator current I will eventually have to create a way for the user to override a body part’s standard FEC Rank and specify a new FEC Rank or their own FEC adjustment factor.

I’m not in any particular rush to develop this feature since Ogilvie seems to require three years of post-injury earnings.  I doubt we’re going to see litigation begin in earnest over Ogilvie issues for another 18 to 24 months.

By Posted on Posted in Author, Not Workers Compensation No Comments Tagged with , , , , , , , , , , , , , , , , , , , , ,
A Road Warrior is prepared for bad weather
A Road Warrior is prepared for bad weather

Here’s what my fortune cookie on Saturday night said:

My fortune

I rather enjoy putting my imaginative skills to work with these little doodles.  ANYhow, now that that’s out of the way…

The last few days I’ve had several appearances in less than ideal weather.  With no further ado, my Road Warrior Checklist for traveling in bad weather:

  • Timing. My rule of thumb is to leave 15 minutes earlier for every hour of a planned trip in bad weather.
  • Speed. Speeding will make you feel good about your pace, but will never save you a significant amount of time.
  • Pick the correct lane. There are a lot of factors involved in choosing the correct traveling lane.  Driving in the path of other vehicles ensures your tires are touching more of the road and less of the water.  Stay out of the fast lane if possible.  Get out of other people’s way when they want to pass.
  • Stay in the correct lane. Try not to change lanes.   There is a lot more water between lanes and more chances to hydroplane.
  • No Cruise Control! There is an urban myth that if your car is on cruise control and you start to hydroplane your vehicle will accelerate to make up for the loss in traction.  The reason the highway patrol recommends against the use of cruise control in wet weather is that you only have moments to react to hydroplaning by reducing speed and maintaining control of your vehicle.  Cruise control in these situations will deprive you of a few moments of a potential speed decrease (where you would take your foot off the gas) by maintaining your current speed.
  • Following distance. Other people are going to be driving like maniacs.  Always make sure you have plenty of following distance.
  • Brakes. If your brakes are squeaking, they’re already in bad shape.  Get them checked out and replaced regularly.
  • Tires. Get your tires rotated regularly, make sure they have plenty of tread, and make sure they are properly inflated.  Remember the penny test: if you stick a penny into the tread and can see the top of Lincoln’s head you need to replace your tires.
  • Windshield wiper blades. Worn blades will just smudge.  Just plan on replacing your windshield blades every year.  Don’t forget your rear windshield wipers!

Prior “Road Warrior Checklists”

By Posted on Posted in PDRater, Technobabble, Website Updates, Wordpress No Comments Tagged with , , , , , , , , , , , , , , , , , , , , , ,
Refresh for updates
Refresh for updates

In no particular order: ((Photo courtesy of RandomChu))

  • I often refer to myself as a Workers’ Compensation nerd.  The other day I realized that would be a GREAT website name!  Unfortunately, WCNerd.com is already taken by “white collar nerd.”  Bummer, no?  What a great e-mail address that would have been, too!
  • With well over a 100 posts and counting I thought it was time to include a “tag cloud.”  Its on the bottom of the right sidebar of this website.  Its basically a grouping of the common words I use to tag various posts.  The more common a word is the larger it appears.  The top contenders are pretty telling
  • To help with the website navigation and use of the “tag cloud” I’ve started being more liberal with how I tag my various posts.  Its actually kinda fun.
  • I’m  using a new e-mail contact form.  I was using “Contact Form 7,” which has a truly impressive feature list. While effective, I didn’t much care for this plugin because of its complexity.  What I really wanted was a quick and easy way for website visitors to send me e-mail.  Recently I found “Tiny Contact Form” by Tom Braider to be exactly what I needed.  It is small, simple to configure, and easy to include.  I’m actually using a modified version of the really fantastic “Tiny Contact Form” plugin.  I’m rather proud of my modification on this plugin and even sent Tom Braider my changes which he ended up incorporating into the next version!
  • Google recently swallowed up Feedburner.  I was using Feedburner to manage the RSS feeds for this website.  The only problem was that it was causing all kinds of problems.  My RSS reader wasn’t picking up the new posts from my own blog!  So, I scrapped the Feedburner management of my RSS feed and went back to the native WordPress support for RSS (which is pretty damn good).