Category: PDRater

By Posted on Posted in Author, PDRater, Road Warrior
May
26
2010
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? [↩]

By Posted on Posted in Science
Apr
13
2010
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! [↩]

By Posted on Posted in 2005 PDRS, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources Tagged with , , , , ,
Mar
13
2010

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

By Posted on Posted in Author, Not Workers Compensation, PDRater, Road Warrior Tagged with , , , , , ,
Feb
18
2010
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 [↩]