Category: PDRater

By Posted on Posted in Calculators No Comments Tagged with , , , , , ,
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.  ((Photo Credit: Davide Reppucci via Compfight)) 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!

 

By Posted on Posted in PDRater No Comments
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. ((Photo courtesy of Phillip))

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

By Posted on Posted in Medical Provider Network, PDRater No Comments Tagged with ,
Finally! An up date!
Look up! Dates!

A few weeks ago I e-mailed an Applicant attorney friend of mine ((I’ll call him “Z.”)) 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! ((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.))  Over the weekend I updated several aspects of the website.  ((Photo courtesy of Agent Smith))  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?

By Posted on Posted in Downloads, Ogilvie, Workers Compensation Resources No Comments Tagged with , , , , ,
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.  ((Photo courtesy of mpieracci))

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 id=”37″] and [download id=”39″].
  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 id=”47″] itself.
    2. Demonstrating impairments via [download id=”36″]-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 id=”46″] aka Ogilvie III right now!

By Posted on Posted in Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources No Comments Tagged with , , , , , , ,
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.  ((Lively as in “barely civil”)) ((I’m kidding!))

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)