Work never sleeps
Work never sleeps

It’s not easy being busy and important.  I get that. 1

And that’s why I’m just trying to make your life just a little bit easier with our new permanent and stationary report rating service.

Need a rating fast?  Need “old schedule” and “new schedule” ratings?

No problem.  Just fill out the handy referral form and fax or e-mail us your permanent and stationary reports and one of our Certified Impairment Rating Specialist will quickly e-mail you the rating you need to move your case forward. 23

 

 

  1. Or, rather, I would get it if I were important too. []
  2. A PDRater certified rating is a rating prepared by a Certified Impairment Rating Specialist using PDRater calculators, the most trusted and impartial workers compensation calculators in California. []
  3. Alex Lin via Compfight []

This post has been rated "R" for some rating and mild humor
This post has been rated "R" for some rating and mild humor

We’ve all seen ratings from various sources – the DEU, opposing counsel, clients, and professional raters. 1  My question to all of you dear readers is – what do you like to see in a professional permanent disability rating?

 

  1. Photo Credit: Shira Golding via Compfight []

Talk to your doctor about how you can save 15% or more on your reptile dysfunction medication
Talk to your doctor about how you can save 15% or more on your reptile dysfunction medication

A friend of mine is an Applicant’s attorney who uses dictation software with his work computer. 1 As you may know, dictation and voice recognition software is pretty good – but it is not always successful.  My friend, I’ll call him “Tom,”2 was sending an e-mail demand for medication to a defense attorney using his dictation software.  The software got the phrase wrong, but given that the result was extremely entertaining, he sent it anyway.

What was his demand, you may ask?

Medication for his client’s “reptile dysfunction.” 3

  1. Photo courtesy of dmuphotography []
  2. After all, that is his name… []
  3. Other possible names for this post:

    • I got 99 problems, and a reptile ain’t one
    • Reptile problems
    • What do Bob Dole and the Geiko gekko have in common? []

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 []

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 []