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May
26
2010
Author, PDRater, Road Warrior

Favorite deposition question: Doctor who?
Favorite deposition question: Doctor who?

For those of you keeping score at home, I’ve posted my personal records for the most walk throughs at different Boards in one day (3), most bridges crossed in one day (3), most bridge tolls paid in one day ($10), most bridges crossed without paying tolls legally (2), and now… depositions of doctors.1

I probably tend to take more doctor depositions than most.  I’ve normally got about one or two on calendar each month.  However, this month has been a personal record with three depositions of doctors.2

I seriously doubt any other workers’ comp attorneys keep track of this sort of thing.

  1. Photo courtesy of BBC and TVScoop [↩]
  2. Does this count as a professional record? [↩]
Apr
13
2010
Science

There now, don't you feel better?
There now, don't you feel better?

Psychologists at the University of Minnesota have discovered that thinking about money, such as counting out bills, actually reduces peoples’ perception of pain. 1  They also discovered the opposite holds true – being reminded of money you do not have increases the perception of pain.  But, here’s the really wild part – even “[m]erely touching cash or even staring at a money-filled screensaver could blunt the impact of hard or painful events.” 2

Modified duty as a cashier just got a lot more interesting.

  1. Photo courtesy of sam b-r [↩]
  2. Thanks slashdot! [↩]
Mar
13
2010
2005 PDRS, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources

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This afternoon I am presenting at the Workers’ Compensation Section Spring Conference 2010 with a presentation entitled, “Calculating Ogilvie.”  Due to cases relevant to Ogilvie coming out as recently as ten days ago, I’m making the resources mentioned here for everyone to download (along with a rough outline of the presentation).

  1. Ogilvie Formula
    1. Ogilvie formula (longhand)
      1. Each of the steps in the Ogilvie formula explained
    2. Ogilvie formula (shorthand)
      1. Mathematical proof demonstrating a simplified Ogilvie formula
      2. Download the simplified Ogilvie mathematical proof as a PDF here
    3. Ogilvie formula (oversimplified)
      1. Learn how to perform an Ogilvie calculation in your head in 5 minutes (PDF download)
    4. Ogilvie formula (18 point rule)
      1. Read the Ogilvie “18 point rule”
      2. Download the Ogilvie “18 point rule” as a handy PDF
  2. Ogilvie Case Law
    1. Ogilvie v. WCAB I (en banc) 2/3/2009
    2. Ogilvie v. WCAB II (en banc) 9/3/2009
    3. Bowden v. Sunray Termite San Jose WCAB Panel Decision ADJ4536632
    4. Shini v. Pacific Coast Auto Body & Truck San Diego WCAB Panel Decision ADJ2079252 (1/25/2010)
    5. Ochoa v. UPS Ground Freight Order Denying and Report and Recommendation on Reconsideration ADJ1758338 (2/8/2010)
    6. Bertha Noriega Garcia v. Patrick L. Hinrichsen WCAB Panel Decision ADJ6721939 (3/1/2010)
  3. Litigating Ogilvie
    1. Argonaut Ins. Co. v. Ind. Acc. Com. (Montana) (1962) 57 Cal.2d 589
  4. Applicant Attorney Ogilvie Handbook
  5. Defense Attorney Ogilvie Handbook
  6. Appendix
    1. EDD Labor Market Information Division
    2. Cal. Labor Code § 4651 “Average annual earnings shall be taken as fifty-two times the average weekly earnings referred to in this chapter.”

Sample Ogilvie DFEC analysis brief, complete with citations, explanations, and exhibits

Feb
18
2010
Author, Not Workers Compensation, PDRater, Road Warrior

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Driving under the influence
Driving under the influence

Yesterday I was driving back from Modesto and I noticed a CHP officer out of the corner of my eye. 1  My first instinct is always to double check my speed.

However, yesterday afternoon I noticed this officer was on his cell, left elbow propped up on the edge of the window, yakking away, while tailgating a semi in the slow lane.

Not wanting to get pulled over for driving under the influence of irony, I didn’t take a picture with my phone.

BTW, I’ve got to be in San Francisco this afternoon – stop me and say hello!

  1. Photo courtesy of OregonDOT [↩]
Jan
26
2010
Author, Blogging, PDRater, Road Warrior

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Free pass
Free pass

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!

  1. Photo courtesy of worldsurfer [↩]
Jan
20
2010
2005 PDRS, Downloads, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources

Also not a valid permanent disability rating schedule for 2009
Also not a valid permanent disability rating schedule for 2009

I’ve been getting a lot of questions about the Draft 2009 Permanent Disability Rating Schedule.  There is no 2009 Permanent Disability Rating Schedule. 1

Yes, yes, I know we’re supposed to have a new schedule per 8 CCR 9805, but the proposed draft 2009 PDRS was never approved.

Overall, the draft 2009 Permanent Disability Schedule doesn’t change much from the existing 2005 schedule.  The biggest change is in the application of the FEC rank adjustment.  Instead of increasing permanent disability between 10% and 40%, the proposed FEC rank system would increase permanent disability between 20% and 50%.  Additionally, the proposal suggested juggling the various ranks among the body regions.  If you’re curious about the exact proposed changes, the DWC Newsline gave a really great overview back on May 9, 2008.

Here’s the take-away:

  1. Photo courtesy of wenzday01 [↩]
Jan
12
2010
Case Law, Ogilvie, PDRater, Workers Compensation Resources

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This sign is ALSO not a stay on Ogilvie
This sign is ALSO not a stay on Ogilvie

I’m still getting e-mails suggesting that Bowden v. Sunray Termite is a WCAB Panel decision staying Ogilvie. 1  Thanks to some loyal readers, I now have a copy of this Panel decision:

[Download not found]
  1. Photo courtesy of loop_oh [↩]
Dec
9
2009
Calculators, DFEC Rebuttal, Ogilvie, PDRater, Workers Compensation Resources

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An early Christmas for PDRater users!
An early Christmas for PDRater users!

I plan to launch a brand new calculator service tomorrow.1

I think you’re really really going to like it.

Want a hint?

It’s going to help you with a case that rhymes with “Schmogilvie.”

  1. Photo courtesy of The School House [↩]
Dec
7
2009
Blogging

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Twas the night before Christmas... and the check still had not arrived...
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:

Defendants shall make payment before Christmas.

Oh, and… the Applicant was Jewish.  :)

  1. Photo courtesy of Joriel “Joz” Jimenez [↩]