spine injury cure
Utilization Review Certified: 1 Fun Size Bag

A few weeks ago I posted about how swearing can reduce pain. ((Photo courtesy of Daneen_vol)) If you thought that was unbelievable, read on:

Researchers at University of Rochester Medical Center have apparently found that the dye in blue M&M’s can lessen the secondary effects of spinal injuries. ((Via Slashdot)) Those mice that received the injections of this blue dye recovered the ability to walk, and those without the injections did not.  The only side effect reported was, I kid you not, that the mice turned blue.

You can’t make this stuff up.  Anyhow, here’s the first ten jokes that occurred to me after reading that article:

  1. The blue M&M’s replaced the tan M&M’s in 1995 when it was discovered the tan ones caused spinal injuries. ((You remember the tan ones, don’t you?))
  2. Not to be outdone, Skittles researchers report their candies allow you to pee unicorns.
  3. The WCAB has now issued another en banc opinion that the office candy jar constitutes the rendering of first aid.
  4. *Disclaimer: This study was funded by The Great Pumpkin, the Easter Bunny, and the Mars Corporation.
  5. It has now been discovered that the members of the Blue Man Group are impervious to spinal injuries.
  6. …and that’s why the Smurfs have the lowest workers’ compensation premiums on the Cartoon Network.
  7. Researchers also found that it was the blue dye in Viagra, not sildenafil citrate, that helped with erectile dysfunction.
  8. The legislature has amended Labor Code 4604.5(d)(1) to allow a maximum of 24 ounces of M&M’s per industrial injury.
  9. “Your honor, under Braewood v. WCAB (Bolton), Defendants must authorize the blue M&M’s in order to treat the underlying industrial condition.”
  10. The Governor has added a new ballot measure that would replace the California MPN system with a new M&M based system.

I think the last one is my favorite.  :)

Wordpress Upgrade
WordPress Upgrade

Since updating this website to WordPress v2.8 in the middle of June they’ve released two additional security updates.  Unfortunately, the latest update also required a little extra tinkering and work on my part.  I look on constant security fixes for this fantastic (free!) open source software as a small price to pay for increased security.

Again, the calculators should all be completely impervious to changes in the WordPress program itself.  However, its theoretically possible you might notice a little weirdness in how the website looks/acts.  If so, please drop me a line and let me know so I can take a look.

We now return you to your regularly scheduled rating…

medical provider network maze
MPN's - a-maze-ing!

One has to wonder which would have given Kafka a bigger headache – MPN’s or voice mail message systems.  ((I think I dislike voice mail message systems more…))  ((Photo courtesy of marcelgermain))  Finding a medical provider within an MPN is no walk in the park.  ((Heck, I’m a defense attorney and I’m not crazy about Medical Provider Networks.))

I get frustrated when I need to find a medical provider within an MPN.  If I’m very lucky, I get lost in a maze of badly laid out pages or meaningless search screens.  If I’m not so lucky the MPN website has changed, moved, or no longer exists.

Anyhow, I wanted to extend a “thank you” to all the users of this website who help me maintain my Medical Provider Network website page.  It seems like just about every week some kind person sends me a new MPN website link or updated MPN password.  ((Once an insurance company sent me their updated MPN page!))

Please don't sue us!
Please don't sue us!

This last weekend I stayed overnight at a hotel in Chico.  In the planters next to the parking lot they had placed these disclaimers/warning labels that read, “OXFORD SUITE HOTEL NOT RESPONSIBLE FOR WATER SPOTTING DUE TO SPRINKLERS.” ((Sign, parking lot, shrubbery, and wood chips are the sole responsibility of Oxford Suite Hotel – no matter what disclaimers they put up.  Photo by Jay Shergill, all rights reserved.))

This brought to mind any number of responses:

  • “Oxford Suite Hotel not responsible for water”
  • “Oxfor Suite Hotel not responsible for H2O on your H2”
  • “Oxford Suite Hotel:  You failed physics in high school, didn’t you?”
  • “Oxford Suite Hotel:  Newton and Einstein – what bastards!”
  • “Oxford Suite Hotel:  Life’s tough.  Buy a helmet.”
  • “Oxford Suite Hotel not responsible for the administration of midnight beating for people who complain about water spotting due to sprinklers.  You brought that on yourself.”

I’m sure some idiot called their management to complain about how the sprinklers had left spots on their car.  When you think about it, Oxford Suite Hotel should be responsible for the installation, functioning, and maintenance of their own sprinklers, just as people who own vehicles should be responsible for the care and maintenance of their own vehicles.

There’s no making some people happy.  If they are going to complain about thier vehicle getting wet, while it’s outside, they’re going to complain about the lighting, the room, the service, the sheets, the ice being too cold, the A.C. being too loud, and the TV being too dry.

Here’s a decent business model: sprinklers automatically spray a customer’s car as soon as they pull up.  If they moan about spotting, send them on their way.  If they thank you for washing their car, offer them a complimentary breakfast with their stay.

In any case, I blame the huge evil sign industry that has purchased our elected officials.

Ogilvie for Dummies
Ogilvie for Dummies

UPDATE: DOWNLOAD THE MATHEMATICAL PROOF AS A PDF!

Get ready to stop paying people to do Ogilvie calculations, recycle your Gearheart/Gerlach handouts, and delete your Frost Excel spreadsheet. ((Sorry Jeff, Mark, Mark, and Ray!))  We’re about to go all “Beautiful Mind.”

Yesterday while at the Oakland WCAB an Applicant’s attorney mentioned he noticed an interesting trend in the Ogilvie formula.  ((Thank you “S”!  Unfortunately, he did not want to be named.)) ((Man, I *wish* I could take credit for this observation.)) He said that whenever he does an Ogilvie calculation for someone with a 100% earnings loss and a modest WPI, the WPI is always increased by 18.  ((Not multiplied by 18, but an addition of 18.))

I ran a number of test calculations on this theory and it appeared to be right.  My calculations show that up to a WPI of 44 the increase appears to always be 18.1, but the last “0.1” always gets rounded down.  However, appearing to be right just isn’t good enough for me.  And, because I am just truly that nerd, here’s the fully mathematical proof:

Let’s break down the calculations at the heart of Ogilvie:

  1. Earnings Loss ((PIESSE = Post Injury Earnings of Similarly Situated Employees)) ((PIEA = Post Injury Earnings of Applicant))
    1. = (PIESSE – PIEA) / PIESSE
    2. = ($1.00 – $0.00) / $1.00
    3. = $1.00 / $1.00
    4. = 1
    5. = 100%
  2. Individualized Proportional Earnings Loss
    1. = (WPI / Earnings Loss) / 100
    2. = (WPI / 100% )/100
    3. = (WPI / 1) / 100
    4. = WPI / 100
    5. Thus, for any WPI less than 45 and a total loss of earnings, the Individualized Earnings Loss will always be less than 0.450 in Table A.
  3. DFEC Adjustment Factor
    1. = ([1.81/a] * .1) + 1
    2. = ( (1.81 * .1)/a) + 1
    3. = (.181/a) + 1
    4. = 1 + (.181/a)
  4. Ogilvie DFEC Adjusted Rating
    1. = WPI * DFEC Adjustment Factor
    2. = WPI * (1 + (.181/a) )
    3. = WPI * (1 + (.181 / Individualized Proportional Earnings Loss) )
    4. = WPI * (1 + (.181 / (WPI / 100) ) )
    5. = WPI * (1 + (.181 * 100 / WPI ) )
    6. = WPI * (1 + (18.1/ WPI ) )
    7. = WPI * ( (WPI/WPI) + (18.1/ WPI ) )
    8. = WPI * (WPI + 18.1/ WPI )
    9. = WPI * (WPI + 18.1/ WPI )
    10. = WPI + 18.1
  5. Conclusion
    1. If you have an Applicant with a 100% post injury earnings loss and a WPI of 44 or less, you should rebut the FEC and arrive at an adjusted WPI that is equal to the original WPI plus 18.1.

Therefore, I propose a new Ogilvie formula that will be easy for anyone to remember:

  • Step 1: If the injured worker has a 100% earnings loss and a WPI of 44 or less, add 18.1 to the WPI and round down.
  • Step 2: If the injured worker has less than 100% earnings loss or a WPI of 45 or higher, go to Step 3.
  • Step 3: For heaven’s sake, just make your life easier and use the calculators here at PDRater.com.

What do you think?  Leave a comment or drop me a line.