Yesterday I had an appearance in San Jose and then another up in San Rafael. From San Jose I drove up through San Francisco, northbound over the Golden Gate Bridge, to my appearance, then back over to Contra Costa County via the Richmond Bridge.1
Wait for it…
The Golden Gate is only toll southbound and the Richmond is only toll westbound. I traveled over two bridges and didn’t pay a single toll!
T'was the night before Christmas... and the check still had not arrived.
I was waiting on two attorneys walking through a settlement last week while at the Oakland Board. Applicant’s counsel had added some unusual language. 1 The Judge read it aloud to the hearing room:
Some very kind, but ultimately uninformed, person assured me that I was not a nerd after all. 34 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’ compensation5
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
And my dream is to do four walk through settlements at three different WCAB district offices in one single day.12
I’ve given this a lot of thought and I even have a plan as to how to get this done. If I ever got the chance to do four walk throughs at four Boards in one day, I’d do it like this:
Get up early, arrive at the Santa Rosa WCAB at 8:00 AM and attempt the first walk through
Head to San Francisco over the Golden Gate for the second walk through
In the afternoon, do the third walk-through in San Jose
Hit the road for Oakland and do the fourth walk through
I honestly don’t even know if this is possible. 3 There are a million things that could go wrong. I could hit traffic, I could be missing a page from a benefits printout, someone could change their mind about the settlement, a doctor could issue a supplemental report. I also know that I would need a LOT of things to go right. Here’s my tentative checklist:
Four walk through settlements ready to be approved at four different Boards (this is easily the toughest part)
Four claims examiners standing by on speed dial
One full calendar day
A fully charged GPS, two fully charged cell phones
A full tank of gas
$55.00 or so ($10 for bridge tolls, about $5 for photocopies, and easily another $40 for parking)
A bag of snacks (I’m probably not going to have time for lunch)
Call ahead to all of the Boards to make sure I can do a walk through that day
The good will and cooperation of the Board staff and my colleagues
What would you like to see from this website in the coming year? Please let me know in the comments or send me an e-mail. I already have several (more) new calculators in the pipeline, but I’m always open to ideas.
Wednesday I had to be in Novato, San Francisco, and then back at my office in Pleasant Hill. As a result, I traveled over three bridges in the same morning – San Rafael, Golden Gate, and Bay Bridges.
I guess paying $10.00 in bridge tolls in one day is also a record…1 I was all out of singles so the CHP officer at the Golden Gate Bridge gave me the stink-eye when I paid with a $100.00 bill.
Seriously, that guy was NOT happy. The officers at the Oakland Board are a lot friendlier.
I think we can dispense with the caption, just this once...
A defense attorney friend of mine called me up yesterday to say (I’m paraphrasing here), “You jackass. Thanks to your Ogilvie proof every Applicant’s attorney I know is calling me up, gloating, and asking for 18 points on top of the whole person impairment on every case! Why the hell did you do that???”1 My first thought was of my favorite quote from Swingers.2 What I actually said was something along the lines of:
It’s not like CAAA wouldn’t have found out about Ogilvie if it wasn’t for Jay Shergill mentioning it in a blog post.
For the moment, let’s set aside the issue of whether California’s injured workers have gotten a raw deal since SB899. Suppose there’s an injured worker with a finger injury, stays on temporary disability for two years, and is immediately made permanent and stationary. If instead they get a 0% WPI, they get nothing. If they gets a 1% WPI, Ogilvie tells us this person gets a DFEC adjusted WPI of 19%.
Nearly every litigated case involves an extended period of temporary disability and a whole person impairment less than 45.4Ogilvie effectively removes the first 18% permanent partial disability levels.
I really don’t think the WCAB intended this consequence. Don’t get upset with me – as long as Ogilvie is the law I might as well make Ogilvie calculations easy for you, right?5