New Presiding Judge in Oakland!
I just found out the new Presiding Judge in Oakland will be Judge Mark Fudem formerly of the Santa Rosa Board. ((Photo courtesy of Slattner))
Congratulations and welcome!
Category: PDRater
Ogilvie: the finger pointing begins
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???” ((Photo courtesy of giuliomarziale)) My first thought was of my favorite quote from Swingers. ((Just for you Ray!)) 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.
- Nothing has changed except that now anyone can perform an Ogilvie adjustment calculation in their head. ((And save $129.99 in the process))
- Someone was going to prove that Ogilvie adds 18 points to the WPI in virtually all litigated workers’ compensation cases, so it might as well be me.
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. ((Hell, a permanent irreversible coma is only a WPI of 80.)) Ogilvie 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? ((Remember, just add 18 to the WPI!))
Back in business!
Yesterday from about noon to 4pm the server which hosts this website (and many others) was down. This unfortunately lead to an interruption for which I apologize. ((Photo courtesy of mhuang)) During this time I was unable to send/receive emails and the website was unavailable.
The hosting company I use is very good. When there’s been downtime it normally occurs during non-peak hours and is very short in duration. This was an anomaly.
Anyhow, everything is back on line and open for business.
Any hearing can be an expedited hearing
I obtained two walk through settlements yesterday morning. I’m feeling pretty good.
Oh, did I forget to mention one was in Santa Rosa and the other in Oakland? ((Photo courtesy of brian.stein))
What has four eyes and smells like burning rubber?
Me
Breaking News: M&M’s Effective In Treating Spinal Injuries
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:
- 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?))
- Not to be outdone, Skittles researchers report their candies allow you to pee unicorns.
- The WCAB has now issued another en banc opinion that the office candy jar constitutes the rendering of first aid.
- *Disclaimer: This study was funded by The Great Pumpkin, the Easter Bunny, and the Mars Corporation.
- It has now been discovered that the members of the Blue Man Group are impervious to spinal injuries.
- …and that’s why the Smurfs have the lowest workers’ compensation premiums on the Cartoon Network.
- Researchers also found that it was the blue dye in Viagra, not sildenafil citrate, that helped with erectile dysfunction.
- The legislature has amended Labor Code 4604.5(d)(1) to allow a maximum of 24 ounces of M&M’s per industrial injury.
- “Your honor, under Braewood v. WCAB (Bolton), Defendants must authorize the blue M&M’s in order to treat the underlying industrial condition.”
- 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. :)