Hey everyone!  More workers compensation calculators!
Hey everyone! More workers' compensation calculators!

I’m working on several more workers compensation calculators.  I’m really excited about one of them in particular. 1

I’ve been working to develop calculators and search engines that are easier to use, easier to understand, and make them available to everyone for less than my competitors.  One benefit to doing it all myself is that I can innovate faster than anyone else.  For instance, my wildly popular Ogilvie calculator was available to beta testers just days after the Ogilvie case came out.

But, this new calculator is something entirely new.  Tantalized?  Titilated?  Tremulous?

Stay tuned!

  1. Photo courtesy of Wal mink []

EAMS: Your filing is not just rejected, its terminated
It is strongly encouraged you take the EAMS survey

The Division of Workers’ Compensation has posted a link to an EAMS survey.  I noticed a lot of fliers around the Oakland District office of the Workers’ Compensation Appeals Board for this survey in the last few weeks.

Having taken the survey, I’m not optimistic its going to do anyone any good.  My problem with the survey is the inherent question bias.

Several of the survey questions deal with the availability and efficacy of EAMS training resources.  Take it from someone who actually designs software user interfaces – if people don’t like the user interface or the way your software works, they will either not use it or try to find ways around it.  The only viable solution is to design a system that doesn’t need a lot of training and explanation.

This is really shows the engineering perspective on the problem.  Once engineers have designed the system, its up to the user to read the manual and figure it all out.  The problem is not sufficient education, training, and understanding.  People are not suddenly going toembrace EAMS because now they understand how it works.

While its more work to comb through open ended responses from users, at least those answers will be more representative of their opinions.  Take the final question, for example:  “Please identify the top 3 improvements that you would like to see in EAMS . Please choose three and rank them in order of priority.”  Your only choices are:

  • Completing the OCR forms (formatting issues)
  • Completing the OCR forms (ambiguity re: required information)
  • Completing the OCR forms (technical issues)
  • Document processing times at the WCAB offices
  • WCAB clerks’ lack of knowledge regarding EAMS
  • Availability of EAMS information and documents when appearing at the WCAB for hearings.
  • Procedural inconsistencies amongst WCAB offices
  • Too much paper
  • Too few forms available online
  • Cover sheet / Separator Sheet
  • Limited availability of EAMS Access for external users
  • Limited amount of information available on public search
  • Assistance with EAMS forms from DWC call center
  • Other

This can’t possibly be an exhaustive list of user concerns with EAMS.  What other EAMS related issues do you perceive?

lincolnblues
Even this guy can do the Ogilvie adjustment calculation in his head

If you’re using my Ogilvie calculator for situations involving a 100% earnings loss, you’re working too hard1

If you have 100% earnings loss and WPI less than 45, the Ogilvie adjustment formula will always result in WPI + 18.

Not to worry.  I can make Ogilvie even easier:

  1. [Download not found].
  2. [Download not found]!

The Ogilvie mathematical proof has been available for several weeks for peer review.  I’ve only received positive feedback.2  The above Ogilvie Adjustment Chart has been testing by myself and other workers’ compensation attorneys, but like everything else on this site is provided subject to all legal disclaimers.

Here’s a peek at what they look like:

Ogilvie Mathematical Proof
Ogilvie Mathematical Proof

Ogilvie Adjustment Chart
Ogilvie Adjustment Chart
  1. Photo courtesy of lincolnblues []
  2. An anonymous source from the DWC actually called it “cool”! []

I think we can dispense with the caption, just this once...
I think we can dispense with the caption, just this once...

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???”1   My first thought was of my favorite quote from Swingers.2 What I actually said was something along the lines of:

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 45.4  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?5

  1. Photo courtesy of giuliomarziale []
  2. Just for you Ray! []
  3. And save $129.99 in the process []
  4. Hell, a permanent irreversible coma is only a WPI of 80. []
  5. Remember, just add 18 to the WPI! []

I can fix that!
Broken calculators? Nothing a little duct tape won't fix...

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.1  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.

  1. Photo courtesy of mhuang []

THIS is how you do 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?1

What has four eyes and smells like burning rubber?

Me

  1. Photo courtesy of brian.stein []

spine injury cure
Utilization Review Certified: 1 Fun Size Bag

A few weeks ago I posted about how swearing can reduce pain.1 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.2 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:

  1. The blue M&M’s replaced the tan M&M’s in 1995 when it was discovered the tan ones caused spinal injuries.3
  2. Not to be outdone, Skittles researchers report their candies allow you to pee unicorns.
  3. The WCAB has now issued another en banc opinion that the office candy jar constitutes the rendering of first aid.
  4. *Disclaimer: This study was funded by The Great Pumpkin, the Easter Bunny, and the Mars Corporation.
  5. It has now been discovered that the members of the Blue Man Group are impervious to spinal injuries.
  6. …and that’s why the Smurfs have the lowest workers’ compensation premiums on the Cartoon Network.
  7. Researchers also found that it was the blue dye in Viagra, not sildenafil citrate, that helped with erectile dysfunction.
  8. The legislature has amended Labor Code 4604.5(d)(1) to allow a maximum of 24 ounces of M&M’s per industrial injury.
  9. “Your honor, under Braewood v. WCAB (Bolton), Defendants must authorize the blue M&M’s in order to treat the underlying industrial condition.”
  10. 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.  :)

  1. Photo courtesy of Daneen_vol []
  2. Via Slashdot []
  3. You remember the tan ones, don’t you? []

Wordpress Upgrade
WordPress Upgrade

Since updating this website to WordPress v2.8 in the middle of June they’ve released two additional security updates.  Unfortunately, the latest update also required a little extra tinkering and work on my part.  I look on constant security fixes for this fantastic (free!) open source software as a small price to pay for increased security.

Again, the calculators should all be completely impervious to changes in the WordPress program itself.  However, its theoretically possible you might notice a little weirdness in how the website looks/acts.  If so, please drop me a line and let me know so I can take a look.

We now return you to your regularly scheduled rating…

medical provider network maze
MPN's - a-maze-ing!

One has to wonder which would have given Kafka a bigger headache – MPN’s or voice mail message systems. 1 2  Finding a medical provider within an MPN is no walk in the park. 3

I get frustrated when I need to find a medical provider within an MPN.  If I’m very lucky, I get lost in a maze of badly laid out pages or meaningless search screens.  If I’m not so lucky the MPN website has changed, moved, or no longer exists.

Anyhow, I wanted to extend a “thank you” to all the users of this website who help me maintain my Medical Provider Network website page.  It seems like just about every week some kind person sends me a new MPN website link or updated MPN password4

  1. I think I dislike voice mail message systems more… []
  2. Photo courtesy of marcelgermain []
  3. Heck, I’m a defense attorney and I’m not crazy about Medical Provider Networks. []
  4. Once an insurance company sent me their updated MPN page! []