Author: Jay Shergill

Workers' Compensation Defense Attorney Certified Specialist Workers Compensation Law California State Bar Board of Legal Specialization Managing Partner of Purinton, Jimenez, Labo & Wu, LLP

By Posted on Posted in Calculators, Case Law, COLA, Commutation, Death Benefits, Permanent Total Disability, SAWW, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , ,
It looks like someone took a SAWW to that COLA
It looks like someone took a SAWW to that COLA!!!

You’re probably just here to download the latest workers’ compensation case about the Cost of Living Adjustment and State Average Weekly Wage increases.  ((Photo courtesy of Sister72)) ((I refuse to apologize for that pun.)) I’m not going to hold you in suspense – here’s the download link:

[download id=”22″]

Obviously, you need to read the entire decision for yourself.  Here’s my oversimplification of the case:

Whenever the injured worker is due life pension payments for injuries on or after 1/1/2003, you calculate those benefits, whenever they are due, by increasing them according to the yearly increases in the state average weekly wage starting on 1/1/2004.

If some of this seems familiar, its because this is the same case as XYZZXSJO2 which came out back in February 2009.   I had suggested back in February that the effect of the COLA increases on life pension payments today would be to increase them some 44% or so.

Still having trouble understanding the impact of this case?  Well, you could try my XYZZXSJO2 calculator to tell you what the life pension rate should be during a given year.  (Remember, this just tells you the rate – it is not a commutation calculator.  These are still in the works).

What are your thoughts on Duncan v. WCAB?

http://www.flickr.com/photos/79874304@N00/386160373/

By Posted on Posted in 2005 PDRS, Articles, DFEC Rebuttal, Ogilvie, Permanent Disability Rating Schedule, Wage Loss, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , ,
Building the case for a DFEC rebuttal
Q: How do you build the case for a DFEC rebuttal? A: One step at a time.

There’s a lot of conflicting information about what Judge’s are requiring to making a finding of a DFEC rebuttal under Ogilvie v. City and County of S.F..  ((Photo courtesy of eliaspunch))  The Board in Ogilvie II is explicit that all you need is post-injury earnings information for the injured worker and similarly situated employees and “simple mathematical calculations with that wage data” using a “non-complex formula.” ((Ogilvie II, p1-2.))

Unfortunately, calling a process “simple” and “non-complex” doesn’t necessarily make it so.  Apparently some Judges are requiring some additional showing beyond wage data and “simple calculations.”

What are Judges in your area requiring?

  • Just wage data and calculations? ((Perhaps just a print-out from PDRater?  ;) ))
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

By Posted on Posted in Author, Blogging No Comments
Nuff said
'Nuff said

This last weekend while attended a meeting of the Executive Committee of the Workers’ Compensation Section of the State Bar of California I referred to myself as a workers’ compensation nerd.  ((Can you believe someone already owns WCExec.com???  What a perfect domain name for the workers’ compensation executive committee!)) ((I kid because I love!))

Some very kind, but ultimately uninformed, person assured me that I was not a nerd after all.  ((Glasses notwithstanding.))  ((Photo courtesy of this person.))  Let’s step back for a minute and examine the facts.  At that very moment I was:

  • Taking a few days off work to attend a meeting about workers’ compensation ((Without MCLE in sight!))
  • Inside a conference room with about twenty other workers’ compensation attorneys
  • Awake at 8:30 AM on a Friday morning pontificating about Ogilvie math
  • Sitting in front of my laptop, typing about workers’ compensation
  • Making notes in my blog about workers’ compensation

Clearly, we need to have a heart-to-heart about “substantial evidence.”

Well, last night I received an e-mail stating that they had seen this website and offered this retraction:

“I must actually withdraw my objection to your calling yourself a workers’ comp nerd.”

They must have seen my walk through posts.

By Posted on Posted in Road Warrior No Comments Tagged with , , ,
Suds & Sushi
Suds & Sushi

I just spent the last several days up in Yosemite.  ((The Tenaya Lodge in Fish Camp, actually.  Its about 3 miles south of the South Entrance to Yosemite))  Driving back home I saw the BEST sign.  It was so good I immediately pulled off the road to take this picture.

I have a hard time understanding how a sushi place in Oakhurst could possibly have fresh fish.  ((The sushi place has very mixed reviews.)) ((Interestingly, none of the reviewers asks the critical question, “Where the hell are they getting their fish???”))  That they’re sandwiched between a laundromat and the front office for a construction company makes me even more wary.

One person in my car got sick after just driving past this place.  ((I’m not kidding, they really did barf.))