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Author: Jay Shergill

Workers' Compensation Defense Attorney. Certified Specialist Workers Compensation Law. California State Bar Board of Legal Specialization. Partner at Purinton, Jimenez, Labo & Wu, LLP
Oct
16
2008
Not Workers Compensation

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Obama vs McCain: Round 3
Obama vs McCain: Round 3

Obama was calm and succinct while McCain was impassioned and aggressive. 1 Impassioned and aggressive  are not bad qualities – but they are less ideal during a debate.  Ultimately, Obama came out slightly ahead in the debate because he held his own and didn’t make any big blunders (I love that video!).

How about those predictions, huh?

  • McCain came out swinging for the fences.  He was interrupted Obama and brought up specific grievances with Obama’s past and campaign.  Heck, McCain even interrupted and corrected the moderator!
  • McCain was clearly passionate about his positions.
  • McCain looked directly at Obama as he challenged and questioned him.
  • Obama had witty retorts handy for most of McCain’s challenges.  At least once he actually chuckled during McCain’s monologues.
  • Obama ignored many of McCain’s direct attacks, not making eye contact during most of these challenges.
  • Obama responded to attacks, but didn’t counter-attack.

Not surprising, given the latest headlines:

  • Obama compared McCain to Bush.  Shocking!
  • McCain brought up Bill Ayers, ACORN, and Lewis.  Shocking!

What I could not have predicted:

  • “Joe the plumber.”  No one except foreign dictators has ever enjoyed as much mention during a presidential debate as Mr. Joe Wurzelbacher.
  • McCain said Palin’s baby has Autism.  He should know her newborn son has Down’s Syndrome.
  • Obama dumbed down his language.  Obama, you went to Harvard.  HARVARD.  Pronounce the goddamn G’s.  Don’t say,” workin’ ” say, “working.”
  • Obama wore an ugly tie.  There I said it.  It could have been my TV, but that was an ugly tie.
  • McCain’s eyes and tounge???  Palin was winking and McCain was blinking.  I can ignore the blinking, but why was he sticking out his tounge?
  • Obama and McCain are both lefties!  I didn’t know that.
  • Obama would be the one wearing a flag pin while McCain didn’t.
  • “Troops to Teachers.”  McCain wants to remove tests and qualifiying exams for former members of the armed forces who want to be teachers?  Um – why?
  • A man would name his newborn “Sarah McCain Palin.”  He put the name on the birth certificate without without telling his wife.

And, a very special thank you goes to Bob Schieffer.  Moderators are there to keep the candidates on topic.  If you can’t reign in the candidates, you have no business sitting between them.  I’m looking at you Tom Brokaw.

  1. Photo courtesy of DaveHogg.  Photo editing, all me! [↩]
Oct
15
2008
Insurance, Not Workers Compensation

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There are two types of “smell tests.”1

Smell test: Good or bad investment?
Smell test: Good or bad investment?

The first type of smell test is a very literal smelling test.  A bachelor smells an article of clothing to determine whether said article of clothing could be worn on that day around the people said bachelor anticipates being near.  Doesn’t smell bad?  Put it on!  Smells bad?  Turn it inside-out and put it on!

The second type of “smell test” is where you evaluate a situation based upon your gut reaction.

Some blame “credit default swaps” for our current financial crisis.  (Disclaimer: I have no special knowledge about finance – I just listen to NPR constantly).  So, here’s what happened:

  1. Investors (Company A) buy up lots of sub-prime mortgages through a trust.
  2. Company A, looking to make money as investors are wont to do, sell pieces of the trust as if they were stocks.
  3. Other people (Company B), having seen these investors buying up risky sub-prime mortgages, have a great idea – “credit default swaps.” (Or, as they are known on NPR, “CDS’s”).
  4. Company B promises Company A that, in exchange for a very reasonable sum, if one of the people living in one of those sub-prime mortgage homes stops paying that mortgage, Company B will be responsible for that lost asset and income.
  5. Company B tells Company A that this wonderful product is called a “credit default swap,” and that it is definitely-not-insurance.  In fact, its significantly cheaper than buying insurance.
  6. Since Company B is not selling insurance they don’t have to be regulated like insurance.  Insurance companies are required to hold “reserves.”  A “reserve” is simply money that can’t be spent in case an insurance company be required to honor some of their insurance policies.
  7. There are so many Company A‘s looking to hedge their bets that all the Company B‘s CDS’s are selling like hotcakes.  The people that own Company B are so pleased with themselves that they don’t really bother with reserves.
  8. In a few years those sub-prime mortgages with adjustable rates were finally out of their introductory rate period – and thousands of people start defaulting on their loans.
  9. Company A‘s portfolio is now worthless, but they are very happy they had so much foresight as to take out not-insurance policies with Company B.
  10. Company B‘s doesn’t pick up the phones.  Their offices are boarded up, the e-mails bounce back, and Company A stops getting Christmas cards from Company B.

The problem is that Company B went out of their way to invent something that was definitely-not-insurance so they wouldn’t be regulated like insurance companies.  Obviously, Company B didn’t use the “smell test” when they designed their product.  If they had, they would have charged more or kept more money in reserve.

Unfortunately, Company A didn’t use the “smell test” either when shopping around for a way to insure their investments.  You don’t insure your home, car, or life with the cheapest or newest insurance company.  You choose a company that has been around a while and charges reasonable rates for reasonable risk.

When people stop performing the “smell test” $62,000,000,000,000.00 evaporates overnight.

  1. Photo courtesy of Charles & Clint.  Photo editing: All me! [↩]
Oct
14
2008
Not Workers Compensation

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"I want to be big"*
"I want to be big"

I recently posted my impressions on the vice presidential debate as well as the first and second presidential debates.  But, let’s not live in the past.  Why not jump on the prognostication bandwagon and make a few predictions?1

  • Prediction: Obama will be calm, cool, and collected.  He will appear aloof and superior throughout the debate.  He will also not go on the attack.
    • Conventional wisdom says that a candidate that is ahead in the polls has nothing to gain and everything to lose by directly engaging the opposition.
    • By not directly attacking McCain, Obama gives up the possibility of an additional rhetorical gain against McCain – but he’s so far ahead in the polls that he doesn’t need those possible gains.
    • The flip-side is that by not attacking Obama can appear to be above the fray and petty partisan politics.
    • Instead of attacking and counter-attacking, Obama will have a witty retort for every point McCain makes.
    • Obama will essentially ignore, or make light of, McCain’s attacks.  He will direct his remarks to the moderator and camera.
    • Obama will make a few vaguely sniping attacks.  Look out for extremely subtle references to McCain’s age or McCain’s actions as being inconsistent, unreliable, unpredictable or erratic.
  • Prediction: McCain will be clawing like a cornered wolverine.  We will see him attacking and challenging Obama relentlessly.
    • McCain has to walk a fine line – appearing to be conservative enough to keep (or, rather, win back) the red states Bush won in 2004 – while being moderate enough to pick up blue states.  In order to retake those red-states, McCain will stress his experience and commitment to core Republican values.
    • McCain doesn’t say “maverick” nearly as much as Palin.  While being a “maverick” is a decent way to collect undecided or Democratic voters, its a serious turn-off for Republicans.  As a friend and staunch Republican recently told me, “Maverick is a word for someone who screws their own party.”  I’m fairly certain Democrats feel the same way about Joe Lieberman.
    • Its easy to see McCain becoming impassioned during his speeches and debates.  However, McCain faces a special dilemma when pressing the attack.  If he attacks too strongly, he risks being seen as desperate or hot-headed.  Neither is an attractive quality for a possible president.
    • McCain is so far behind in the polls that he needs to score some big points.
    • During the first debate we saw McCain bring the attack to Obama.  Obama was forced to play defense much of the time, accusing John of getting the facts wrong.
    • We’re going to see McCain pressing the attack, posing questions directly to Obama, and trying to draw him into a head-on discussion.
    • Unlike Obama who will be speaking to the moderator and audience, we’re going to see McCain addressing most of his remarks to “that one.”  McCain will also take every opportunity to highlight when Obama doesn’t answer a question or gives a vague response.

So, there you have it, my totally ill-informed predictions based on nothing more than what I saw in the coffee grounds this morning.

  1. Photo courtesy of Zesmerelda. [↩]
Oct
13
2008
Author, EAMS, Open Source, PDRater, PHP, Technobabble, Website Updates, Wordpress, Workers Compensation Resources

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New v5.0
New v5.0

First off, don’t be afraid, this is the same website you’ve come to know and love.  Change can be good!  Besides, this latest change is almost 100% cosmetic.

I have been meaning to change the entire look of PDRater.com for a while now.  Thus far I’ve been focusing on improving the workers’ compensation calculators and the website content.

Previously I showed the evolution of PDRater.com from a ridiculously ugly but useful website into a less ugly and more useful website.  Since these latest changes have been mostly cosmetic rather than functional, this should really be something like Version 4.647.  I figure with adding six new calculators in September and updating the look, I’ve earned the right to call this Version 5.0.

Besides, its my blog, right?

The last theme I used was based upon the fantastic WordPress Themer Kit, which is an incredible tool for people who either have little graphic design skill or who don’t want to build a new theme from scratch.  Ultimately, I just don’t have the skill, time, or inclination to build an aesthetically pleasing theme.  (But, let’s be real, its mostly the lack of skill thing).

That said, I am good at adjusting and incorporating.  The original Aeros theme looked significantly different than the one you see.  I’ve changed the background color, removed the slight transparency, highlighted the different sidebar sections, and moved the top menu to the left side.  Since the theme was open source, this mostly involved tinkering with the CSS and underlying PHP.

How do you like this new theme?  Shoot me an e-mail or leave me a comment.

Oct
10
2008
Business, Not Workers Compensation

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Obama and McCain on heathcare
Obama and McCain on heathcare

I subscribe to ConsumerReports magazine for a variety of reasons.  I believe they are fair and balanced and that, having relied on their recommendations, it has also saved me a lot of time and money.  The November 2008 issue takes a close look at the details behind the Obama health plan for America and the McCain health plan for America.1

In order to view the full five pages of in depth analysis and review, you have to be a subscriber.  However,

A surprising amount of their analysis on these two plans is available for free on their site.

I learned some interesting things about Obama’s and McCain’s respective health plans from reviewing their websites.  Here are some of the things I’ve learned about thier plans:

  • McCain offers $2,500.00 tax credits per individual or $5,000.00 per family.  These tax credits go directly to the insurance company of your choice.  McCain’s plan would tax employee health benefits as income.  Under ConsumerReports’ analysis, the taxes and tax credit may be a wash in most circumstances.
  • Obama’s plan prevents insurers from rejecting anyone with a pre-existing condition, from raising prices for the sick, and from canceling policies as long as you’ve paid up your premiums.
  1. Original photos courtesy of richardmasoner, C_Dave, and mikewade.  Photo editing: me. [↩]
Oct
9
2008
Open Source, PDRater, Technobabble, Website Updates, Wordpress

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I’ve already talked about how much I love using WordPress. Its easy to add new abilities to the program by uploading “plugins” into the program. Its also extremely easy to change the entire look of the website by uploading a new “theme.” Its basically as easy as swapping out a new faceplate for your phone.

I’ve already disclosed what a terrible designer I am. Its for this reason I’m looking for a new theme for this website. You know, something that isn’t a step-cousin to ugly. Take a look at the ones I’ve found.

Top Three Contenders

Since you’re here anyhow, you might want to look at the WordPress Themes page. Hundreds of free themes for every occassion. Just in case you’re a glutton for punishment, here’s a few more potential looks for this site.

Top Three Runners-Up

Let me know what you like and don’t like about them. While I’m no designer, I’m at least capable of chaning parts, combining parts, and putting in new graphics.

“Bonus” Material

These are some of the other themes I briefly considered. Some are just amusing.

  1. ParterProgram – Almost as good as Business-Style
  2. Nostalgia – GREAT menu system (which I may still use) but too monochrome
  3. Extend – A little too flashy for this site
  4. 8some – I’m just not a fan of left side menus or the layout
  5. Aspire – Good idea if this were a website in the Victorian era or it ran on steam-power
  6. Kitten – Everyone loves kittens!
  7. YAST – The theme is actually broken to begin with. Not a good sign.
  8. Company Website 001 – Another theme that just looks broken

Oct
8
2008
Not Workers Compensation

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Obama McCain Fight*
Obama McCain Fight

First, my advice for the candidates (you know, from my years of political experience):

  • Obama: Way way too many “uh’s”.  It makes you look unprepared.
  • McCain: Don’t wander around in the background.  At best it is disrespectful, at worst it makes you look befuddled and lost.

By any of the polling numbers, Obama went into last night’s debate so far ahead in the polls that the only way for McCain to really come back would be for Obama to commit some terrible blunder. 1 I imagine it would have taken something like this:

My impressions from the debate:

  • McCain said last night he wants to purchase all the bad loans in the United States and renegotiate them?  He’s suggesting resetting these loans to the present value of these homes.
    • First of all, where the hell was this guy before we spent $700,000,000,000.00???
    • Second, this sounds like a really tragically flawed idea.  If you buying loans high and then forgive hundreds of thousands of dollars of debt, you’re basically giving hundreds of thousands of dollars per bad loans to those banks who had poor judgment in the first place.
    • Third, if you’re going to spend hundreds of thousands of dollars per bad loan, why not just give them to the people who purchased the homes rather than the bank?
    • Fourth, if you’re going to buy the loans and then forgive a large chunk of them, why do you need to buy them?  Just tell the bank to adjust those loans.
  • Obama thinks the government invented computers so our defense department could communicate over long distances.  The defense project DARPA was invented that way, not computers.  I’m wondering if Obama lost the nerd vote there.
  • McCain wants to put medical records on the internet.  We can NOT put medical records online.
    • Government and business websites get hacked every day.  The last thing we need are our records posted on Craigslist.
    • As it stands, medical records enjoy a special protection in our system.  If that information is all online, it would be a simple task for our government to tap into that information.  This may sound paranoid until you recall that the NSA under the Bush administration has already done something far more invasive.
  • Tom Brokaw is a terrible, terrible moderator.  When someone is over their time, you cut them off.  Better yet, shut off their mike.  Don’t whine about it after they stop – that just invites apologies and “witty” comments.
  • McCain says he’ll double the tax exemption for each child.  Yay!  More babies!
  1. Photo courtesy of DaveHogg.  Photo editing, all me! [↩]
Oct
7
2008
Author, Calculators, Free, Technobabble

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Most people don’t even realize that they’re trend setters.  With the increase in online or website based programs, more and more people are turning to “cloud computing.”  This term refers to a process where all the computational heavy lifting is not performed on a user’s computer but rather an external computer.

Clouds, Computing?
Clouds, Computing?

The most common example of cloud computing is probably “Google Docs,” which is Google’s online suite of office productivity software.  It includes programs for spreadsheets, presentations, and of course document editing.  It can open and save in its own format, OpenOffice format, and Microsoft Office formats.  Even Adobe released a free online version of Photoshop.

Cloud computing is basically the process of outsourcing your math.  There are a lot of situations where this makes a lot of sense:

  • Money. Lower computing requirements mean you don’t need as powerful a computer, saving you money.
  • Money. Lower computing requirements also mean you won’t need to purchase an upgrade or new computer as often, saving you money.
  • Time. Nothing to install, upgrade, or troubleshoot.
  • Money. Web server updates mean you don’t have to purchase software upgrades, saving you money.
  • Scaling. Need another copy of a program?  Just fire up a new computer and launch a new web browser.
  • Fewer Resources. When the program never actually runs on your computer, it uses no memory.  When your computer isn’t working hard running a program, it uses less power.
  • More Resources. When the program is never installed on your computer, it uses no hard drive space.  On the flip side, many cloud computing programs allow you to save your work or files online – giving you more hard drive space than what’s on your computer.

So, how does all this technobabble about cloud computing apply to you?  Well, every time you use this website’s online web-based permanent disability calculators and EAMS search functions you’re letting my web server do the number crunching for you.

You’re, quite literally, letting me help you save resources, time, and money.

Oct
6
2008
Not Workers Compensation, PDRater

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McCain & Palin
McCain & Palin
Obama & Biden
Obama & Biden

I love watching political debates with a DVR.  There’s nothing like being able to pause the debate so the candidates can benefit from my sage advice or criticism developed over my many years of political, economic, and foreign policy experience.

That said, I have the following debate advice for the candidates:

  • Barak Obama
    • Stay focused and be concise.
  • John McCain
    • Keep your arguments and comments accurate.
  • Joe Biden
    • Eye contact with the camera.
  • Sarah Palin
    • Never, EVER wink at the camera again if you want to be taken seriously.
    • Not answering the question doesn’t make you a maverick, it makes you look uninformed.

Overall, the presidential debate of 9/26 was a dead heat.  I don’t think either side won ground that day.  It was one of the best presidential debates I have ever seen.  Frankly, both McCain and Obama did a great job.  The last time I enjoyed a debate as much was Clinton v G.H. Bush.

Historically, the vice presidential debate is hardly ever a deal maker or breaker – and its just as well for both parties.  When speaking in interviews off the cuff, Biden can make ridiculous and wildly historically inaccurate claims.  On the other hand, the Palin – Couric interviews made it clear that Palin can’t speak off script.

I can’t wait for the next debate tomorrow night!

Oct
3
2008
Business, Not Workers Compensation

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Quick, how are rum distillers, stockcar race track owners, wool researchers, TV and movie producers, and wooden arrows different from middle class home owners?1

Why's the rum gone?
Why's the rum gone?

Give up?  The home owners aren’t benefiting one dime from the bailout legislation!

Obviously, (almost) no one has the time to read 451 pages of this proposal – and that’s what some people are counting on.  Thankfully, someone read it and found some startling things.

I’ve taken the liberty of putting together a list of the citations to my favorites:

  • Rum distillers (p279:11-19)
  • Stock car race track owners (p290:1-9)
  • Wool research (p295:7-296:13)
  • TV and movie producers (p298:6-300:19)
  • Wooden arrows (p300:20-301:18)

Wool research???  Its warm and itchy.  What’s to research???

  1. Photo courtesy of ryaninc.  I just can’t pass up an opporutnity to quote The Pirates of the Carribean… [↩]