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Sep
4
2012
PDRater, Workers Compensation Resources

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The Great Seal of California
The Great Seal of California

As you are probably aware there have been a number of changes to workers’ compensation benefit rates lately.  The Administrative Director issued the latest temporary disability maximum and minimum rates based upon the most recent increases in the state average weekly wage.  These rate changes effect temporary total disability, temporary partial disability, death benefits, and permanent total disability benefits.

More interestingly, the legislature brought several reform changes with SB 863 to California workers’ compensation benefits late on Friday August 31, 2012.  If you check out the updated Labor Code Section 4453, you’ll notice there is a new maximum permanent partial disability rate for the highest levels of permanent disability for dates of injury after 1/1/2013.  And, reviewing Labor Code Section 4658, you’ll see the 15% adjustments have been removed for dates of injury after 1/1/2013.

All of the website’s calculators have been updated to reflect these latest changes!  Enjoy!

Jun
6
2012
PDRater

Don't calculate COLA's the hard way!
Don’t calculate COLA’s the hard way!

I’m happy to announce the single most-requested service for this website – a COLA SAWW commutation reports. 1 This calculator provides professional quality PDF’s using the same familiar format as the Disability Evaluation Unit.  Now you don’t have to wait for the DEU and you don’t have to tip your hand to the opposing side about what you think the case might be worth.

Download a sample report right now to see the kind of detailed commutation reports that get cases resolved.  These COLA commutation reports are delivered instantly to your e-mail.  You can customize the report with everything you want – from a State Average Weekly Wage increase percentage of your choosing, to attorney fee percentage, and whether a Labor Code Section 4658(d) increase is applicable.

And, best of all, when you purchase one of these reports for $197.00 ($147.00 for PDRater sponsored users!) it comes with unlimited FREE additional reports on the same case.  (Don’t worry – it doesn’t cost anything to play with the calculator). Whether you need to change the permanent disability rate, SAWW increase percentage, or just want a fresh report with a new commutation date – every single report on the same case will be delivered to you instantly and for free.

Try out the COLA SAWW commutation calculator out for yourself!

  1. Photo courtesy of Alan Cleaver via Compfight [↩]
May
23
2012
COLA, Commutation, PDRater

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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.” 1

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.

  1. Andrea Marutti via Compfight [↩]
May
8
2012
Calculators

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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. 1 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!

 

  1. Photo Credit: Davide Reppucci via Compfight [↩]
Dec
13
2011
PDRater

Let's see... "TAX+" or "TAX-"
Let's see... "TAX+" or "TAX-"

Here’s a pro-tip for you Applicant attorneys.  Some insurance companies and TPA’s are actually unable to issue payments to entities unless they have their Tax ID number.  Making it easy for defendants to issue payment means you’ll get paid sooner.1

Here are the top three ways to get paid sooner:

  • Put your Tax ID number on the settlement documents
  • Put your Tax ID number on your website
  • Make sure your receptionist has your Tax ID number ready to give out
  • Put your Tax ID number in your automated voice mail message
  1. Photo courtesy of Phillip [↩]
Dec
5
2011
Medical Provider Network, PDRater

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Finally! An up date!
Look up! Dates!

A few weeks ago I e-mailed an Applicant attorney friend of mine1 and got back a one word response.  I jokingly chided him for being so chatty.  His response was thus:

No new blog = minimal response

Well, for Z and everyone else out there, here’s a new blog post!2  Over the weekend I updated several aspects of the website. 3  Here’s a short summary:

  1. Updated MPN / Medical Provider Lists.  I’ve added a lot more MPN names, links, and passwords.  If you have some new ones, please send them over.  I’ve also improved the link structure to help prevent broken links.
  2. Updated workers’ compensation calculators.  I’ve added a few small features that should make the calculators work a little better.
  3. Improved site speed.  I’ve added a little extra website-internet-magic-mojo that should improve the entire site’s performance.
  4. Something new!  I’m working on a brand new calculator.  If you like playing with calculators, kicking-tires, and dishing out criticism, drop me a line and ask to be a beta tester.
  5. Finally, if you see any weirdness over the next few days, please drop me a line and let me know so I can take care of it!

But, enough about me!  How are you?

  1. I’ll call him “Z.” [↩]
  2. There are two kinds of blog posts I really hate to read.  Blog posts that apologize for infrequent posting and blog posts that talk about the frequency of blog posts. [↩]
  3. Photo courtesy of Agent Smith [↩]
Jul
29
2011
Downloads, Ogilvie, Workers Compensation Resources

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It's been a wild ride
It's been a wild ride

Just over a month after oral argument the Court of Appeal has issued their ruling, reversing the en banc decisions of the Workers’ Compensation Appeals Board, annulled the award of permanent disability to Ms. Ogilvie, and remanding the case for further proceedings. 1

So, what does this new Ogilvie decision mean for us?

  1. The calculations from the en banc decisions of Ogilvie I/II are no longer valid.
  2. An injured worker can still rebut a scheduled rating in accordance with [Download not found] and [Download not found].
  3. An injured worker may rebut a scheduled rating in one of three ways:
    1. Demonstrating “a factual error in the application of a formula or the preparation of the schedule.”  (Ogilvie III, p10-11).  Given the examples provided, probably references proving a defect in the [Download not found] itself.
    2. Demonstrating impairments via [Download not found]-style analysis that “the employee will have a greater loss of future earnings than reflected in a rating because, due to the industrial injury, the employee is not amenable to rehabilitation.”  (Ogilvie III, p12).  However, the increased disability must not be “due to nonindustrial factors such as general economic conditions, illiteracy, proficiency to speak English, or an employee’s lack of education.”
    3. Demonstrating “the claimant’s disability has been aggravated by complications not considered within the sampling used to compute the adjustment factor.”  (Ogilvie III, p13).  This appears to be a two-step process of having to prove a complex injury and then proving that the sample for the adjustment factor didn’t account for such injuries or complications.

Download [Download not found] aka Ogilvie III right now!

  1. Photo courtesy of mpieracci [↩]
Sep
24
2010
Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources

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What has two thumbs and loves to hear itself talk? THIS GUY!!!
What has two thumbs and loves to hear itself talk? THIS GUY!!!

There was a great turn out this morning to the “How to Obtain an Accurate PD Rating with the AMA Guides” put on by the Workers’ Compensation Section of the State Bar.  We covered a lot of ground in just two hours, from the DEU perspective presented by Annalisa Faina and Barry Knight entitled “Anatomy of Rating”, to Mark Gearheart’s “Substantial Medical Evidence to Support a Permanent Disability Rating,” and my own presentation on “Litigating Ogilvie.”  There was a lively discussion on the state of Almaraz/Guzman, Blackledge, and Ogilvie. 12

Thanks to everyone who e-mailed me asking for the cases cited during our presentations.  I’ll be uploading them shortly.

Tonight is the “2010 Steve Jimenez Special Recognition Awards” honoring:

  • Lifetime Achievement: The Honorable Pamela Foust (Ret.)
  • Judge of the Year: The Honorable Jorja FrankHon. Jorja Frank
  • Applicant Attorney of the Year: Marc Marcus
  • Defense Attorney of the Year: Michael Marks

If you’re attending tonight, please stop me and say hello!  (I’ve got a name tag and everything)

  1. Lively as in “barely civil” [↩]
  2. I’m kidding! [↩]
Aug
27
2010
Almaraz / Guzman, Author, PDRater

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Three doctors is probably just plain excessive. And more than a little creepy.
Three doctors is probably just plain excessive. And more than a little creepy.

My prior record for doctor depositions was three in one month.  This was not at all intentional.  It was probably a number of factors.  I tend to take more doctor depositions than most.1 Almaraz/Guzman issues are usually best addressed during a deposition.  And, lastly it just happened to be an extra busy month.

This week I attended three doctor depositions (two set by myself, one set by a co-defendant).  I’d say that pretty well trumps three in a month.  :)

A special shout-out goes to Doctors Z, J, and C.  Thanks for putting up with me guys.  Also, special thanks to Mr. W, my co-Defendant without whom this wouldn’t have been possible.

  1. Photo courtesy of Little Miss no Name.  Photo editing – all me! [↩]