Category: PDRater

By Posted on Posted in Author, EAMS, PDRater, Road Warrior 3 Comments Tagged with , , , , , , , , , , , , , , , , , , , , , , , ,
Will it be a trifecta????
Will it be a trifecta????

My personal best is two walk through settlements at two different WCAB district offices in a single morning.  Tomorrow I am going to attempt three walk through settlements at three different WCAB district offices in a single morning.  My plan is to start my day at the San Jose WCAB at 8:00AM, hit the Oakland WCAB afterward, jet to San Francisco, and then return to the office.  Google Maps tells me that this is going to be 134 miles over 2 hours and 39 minutes.  ((If I had another walk through to do in Santa Rosa, I would be planning a different order.)) ((Photo courtesy of Matthew Armstrong))

As I mentioned before, there’s a lot of things that can go wrong – traffic, long walk through lines, a broken photocopier.  ((Or, heaven forbid, EAMS could be working tomorrow.  THAT would foul me right up.))

But, I’ve done what I can to ensure this works.  I’ve called the other parties, have a checklist of everything I need to do in the order I need to do it, my cell phone is charged up ((And a back up cell phone charged up too!)) , phone numbers for opposing counsel and my clients hand, GPS charged up, prepared Minutes of Hearing, Document Cover Sheets, Document Separator Sheets, Awards, and Orders.  ((I even sacrificed a giant sequoia sapling as an offering to EAMS.)) ((I’m even bringing two extra settlements just in case one falls through!  Although, this is really due to coincidence than meticulous planning…))

If you happen to be in San Jose, Oakland, or San Francisco today stop me and say hello.  (And – pretty please may I cut ahead of you in line?)

Lastly, I’ll be checking back here throughout the day, so how about leaving me a word of encouragement in the comments? ((I think live blogging the trip might be a bit much – but we’ll see.))

By Posted on Posted in 2005 PDRS, Case Law, Ogilvie, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , ,
Oh, if only rehab was this easy...
Oh, if only rehab was this easy…

Vocational experts seem to have gotten pretty well trampled by the recent Ogilvie I and Almaraz/Guzman I en banc decisions.  The Ogilvie II and Almaraz/Guzman II en banc decisions didn’t do them any favors either.

As far as I can tell, the WCAB ((Well, eight of the commissioners anyhow.)) in Ogilvie II basically flip flopped on the role of vocational experts.  Under Ogilvie I at least one very entrepreneurial vocational counselor was making money performing the Ogilvie I formula adjustments and offering to testify to support their findings. (( I received more than one letter demanding agreement to a vocational counselor under Ogilvie I.))

The Workers’ Compensation Appeals Board in Ogilvie II has very explicitly stated that vocational experts are not necessary when it comes to performing the Ogilvie I formula adjustment – since it is an objective and retrospective calculation.

This leaves open the question of whether vocational expert testimony is only relevant when defending against an Ogilvie argument.

By Posted on Posted in Blogging, Not Workers Compensation No Comments Tagged with , , , ,
Keeping safe
Keeping safe

I ran across this website a few days ago.  It’s a website devoted to the homemade modifications firefighters make to their tools and gear to make their lives easier and fighting fires safer.  ((Photo courtesy of Thomas Hawk))  Hopefully a firefighter you know might find it useful.

Most of these modifications are simple and practical – and all are designed to help save a life.  ((Plus, I am a fan of customization.))

By Posted on Posted in Author No Comments Tagged with , , , ,
Hint: The U.S.S. Midway has never docked in Las Vegas
Hint: The U.S.S. Midway has never docked in Las Vegas

I stayed at the Hyatt in San Diego this last weekend for the annual State Bar convention.  While there I heard someone comment on their room, “They can only get away with charging these rates because it’s in San Diego.  A room like mine would be $100 in Las Vegas.” ((Photo courtesy of the Port of San Diego))

My first thought was, “Yeah, and if the leaning tower were in New York instead of Italy, it would be condemned.  What’s your point?”

My room had a really great view (my phone was kind enough to stitch the photos together for me):

San Diego
San Diego

By Posted on Posted in Business, Entrepreneurship, Marketing, Not Workers Compensation No Comments Tagged with , , , , , , , , , , , , , , , , , ,
You have to love the ingenuity
You have to love the ingenuity

When I came home after work last Wednesday night I discovered a note taped to my front door.  I’ve scanned it in and posted it to the right.  Basically this guy is putting up notices that they’re going to be coming by the following day to repaint the numbers on the curb.  I LOVE this idea!

  • It’s easy. Just fill out the flyer and hang it outside – they take care of everything else.
  • No risk. If they are going to paint your address and then come around asking for payment, you can always refuse if you think they did a bad job.
  • It’s cheap. His flyer was printed up on half a sheet of paper, so it probably cost him no more than $0.10 for two flyers – plus the half-inch of masking tape.  The advertising costs are bare-bones.  The materials amount to a few stencils and some spray paint.
  • It’s quick. I’m guessing with a proper stencil and some paint, you could whip out a curb address number in about a minute or so.
  • It’s a cash business. I didn’t see anything there about their tax ID number.
  • Slick advertising. They appeal to your sense of safety and security (helping the police, fire department, et cetera find you quickly) and your sense of community (suggesting it is more effective when the whole neighborhood joins in).

But, why stop there?  I bet you could make even MORE money if you took this entire enterprise further:

  • Volume is key. Having as many houses on a single street is probably optimal.  So, putting a little extra polish on these flyers could probably help a lot.  Invest in better paper and use a paper cutter rather than scissors.  Anything to help score a few more houses per street.
  • Price is key. I have to wonder how many people are paying for this service.  What’s the optimal price point?  I’m guessing for $10.00 you might be able to capture a lot more homes on a given street than the $20.00 they’re suggesting.
  • Look important. I’m always getting official looking junk mail – sometimes I even open it.  I’d say use bond paper, a decent home printer or your local printer, print something up that implies you are affiliated with the city or county.  Have an address, phone number, and website ready.
  • Location, location, location. If I were running such a business I would do a little homework.  I would find a well kept neighborhood with a Home Owner’s Association – some area that probably has a vested interest in maintaining the upkeep around their homes.
  • Look really important. If I were doing this, my letterhead would say I was with the “Home Owner’s Association Maintenance Co-Operative of Contra Costa County.”  I’d send out letters a week ahead saying that a person’s street has been scheduled for yearly curbside maintenance, that the HOAMCOCCC was going to through the following week to paint the numbers on an entire street a uniform color and returning the following day to collect payment.

Why in the world did I go to law school?  What a colossal waste of time!  I could probably more per hour stenciling sidewalks than I do as an attorney.  I’m half tempted to give it a shot anyhow.  :)

Anyhow, this just goes to show no matter how bad things are, someone has thought of a way to make money.