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 COLA, Commutation, PDRater No Comments Tagged with , , , ,
Where did this SAWW come from anyhow?
Where did this SAWW come from anyhow?

Even with the recent Baker v. WCAB decision settling when the increase in state average weekly wage (SAWW) is applied, litigation continues over the precise future SAWW percentage to use in a commutation of life pension benefits. The DEU is currently using an assumed annual SAWW increase of 4.6% “based on a 50 year average.”  ((Andrea Marutti via Compfight))

Before we consider how the DEU calculates future SAWW increases, it is necessary to look back to past SAWW changes.  In the last 50 years there have been only two instances where the SAWW has decreased from the prior year.  Since Labor Code Sections 4659(c) and 4453(a)(10) only apply increases in the SAWW to life pensions and permanent total disability benefits, there is no effect on the benefit rates for those two years.

When the DEU indicates a historical 50-year average of SAWW increases, they mean exactly that.  Thus, instead of averaging the decreases in the SAWW with the increases, the DEU averages only the increases of the historical SAWW data.  (I’ll save you the trouble of looking it up – 2004 and 2011 are the only instances in the last 50 years of any reduction in the state average weekly wage).  An average of just the SAWW increases over the last 50 years does come to 4.6%.

If you’re interested in verifying this information for yourself, I’ve prepared a list of the data used by the DEU in computing the 50-year average of SAWW increases.

By Posted on Posted in Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with , ,
Work never sleeps
Work never sleeps

It’s not easy being busy and important.  I get that.  ((Or, rather, I would get it if I were important too.))

And that’s why I’m just trying to make your life just a little bit easier with our new permanent and stationary report rating service.

Need a rating fast?  Need “old schedule” and “new schedule” ratings?

No problem.  Just fill out the handy referral form and fax or e-mail us your permanent and stationary reports and one of our Certified Impairment Rating Specialist will quickly e-mail you the rating you need to move your case forward.  ((A PDRater certified rating is a rating prepared by a Certified Impairment Rating Specialist using PDRater calculators, the most trusted and impartial workers compensation calculators in California.)) ((Alex Lin via Compfight))

 

 

By Posted on Posted in Workers Compensation Resources No Comments Tagged with , , , , ,
This post has been rated "R" for some rating and mild humor
This post has been rated "R" for some rating and mild humor

We’ve all seen ratings from various sources – the DEU, opposing counsel, clients, and professional raters.  ((Photo Credit: Shira Golding via Compfight))  My question to all of you dear readers is – what do you like to see in a professional permanent disability rating?

 

By Posted on Posted in Calculators No Comments Tagged with , , , , , ,
A new kind of COLA
A new kind of COLA

I’m getting ready to launch a new workers’ compensation calculator and I could use your help.  ((Photo Credit: Davide Reppucci via Compfight)) I still need a few volunteers to help me test a permanent disability, life pension, and total permanent disability COLA commutation calculator.  Right now I need a few applicant attorneys, defense attorneys, and claims examiners.

Here’s what you need:

  • Any free or paid PDRater account
  • A familiarity with DEU COLA commutations
  • A familiarity with recent Baker decision
  • A willingness to answer a few questions

If this sounds like something you would be interested in helping with, please send me an e-mail!

 

By Posted on Posted in Not Workers Compensation, Technobabble No Comments
Easily replaceable tablets
Easily replaceable tablets

A few weeks ago I was at the Oakland WCAB when a Judge asked me if I could help find the owner of a lost tablet computer.  ((Photo courtesy of Helzer))  I was handed the tablet… but was unable to turn it on.  It turned out that the computer had been turned on and the battery drained down to nothing.  There was no charge cable, no standard USB charging port, no way to power the device, and nothing about it that apparently indicated the identity of its owner.

Here’s what I tried:

  • I looked all over the tablet and inside the case.  Any mobile PC you own should have something identifying it.
  • I looked all over the tablet for a way to possibly charge the device.  Even had I been able to do this, I probably wouldn’t be able to get past the unlock/password screen.
  • The vast majority of 3G/4G mobile broadband computers will have a little tiny “SIM” card in it.  It is a tiny chip about a quarter of the size of a standard SD card.  In some devices you have to open the battery compartment to get to it.  If you can remove the chip you can find out who the broadband carrier is.  In this case the chip had the Verizon name and logo as well as a 10 digit number printed right on it.  It’s that number that lets the tablet PC’s user connect their computer to their Verizon account.  I then called Verizon, spoke to one of their representatives, told them the 10 digit code, gave them my cell number, and about fifteen minutes later the owner of the PC (a friend of mine as it turned out!) called me up!

So, the moral of the story is to make sure you put something on your mobile PC to indicate your ownership so that if someone finds it, they can let you.