Category: Workers Compensation Resources

By Posted on Posted in Almaraz / Guzman, Conference, Permanent Disability Rating Schedule, Permanent Partial Disability, Permanent Total Disability, Workers Compensation Resources Tagged with , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Jul
18
2011
Boot Camp
Boot Camp

The Workers’ Compensation Specialization Boot Camp on July 16 and 17 in Los Angeles was a packed house. 1  If you missed out, there’s another chance to attend on July 30 and 31 in Concord.

If you did attend the seminar in Los Angeles, I promised you a copy of all of the cases cited during the presentation on Permanent Disability.  Here’s the basic outline along with a download link for every case I cited:

  1. Permanent Disability
    1. Cal. Labor Code. Section 4660
    2. LeBoeuf v. Workers’ Comp. Appeals Bd.
    3. Costa v. Hardy
    4. Almaraz/Guzman “II”
    5. Guzman “III”
    6. Ogilvie “II”
    7. (Updated 7/29/2011!) [Download not found]
      1. Read a summary of Ogilvie III here!
    8. Argonaut Ins. v. Ind. Acc. Comm (Montana)
  2. Psychiatric Injuries
    1. Cal. Labor Code Section 3208.3
    2. Dept. of Corrections v. Workers’ Comp. Appeals Bd. (Garcia)
  3. Apportionment
    1. Cal. Labor Code Section 4662
    2. Cal. Labor Code Section 4663
    3. Cal. Labor Code Section 4664
    4. Cal. Labor Code Section 3213 – 3213.2
    5. Escobedo v. Marshall’s
    6. Benson v. Workers’ Comp. Appeals Bd.
    7. Brodie / Welcher
  4. Rating
    1. Blackledge v. Bank of America
    2. Policy & Procedures Manual of the WCAB
  5. (Updated 7/18/2011!) Flash Card Take Away
    1. Please register for a free account with PDRater.com to download this file.
    2. Seriously – free as in free.  There’s no charge, no credit card anything.

  1. Permanent Disability

    1. Cal Labor Code § 4660

    1. Description of disability

    1. 1997 Permanent Disability Rating Schedule

      1. Rebutting the 1997 Permanent Disability Rating Schedule

      1. LeBeouf

    1. 2005 Permanent Disability Rating Schedule

      1. Permanent Impairment

      1. Rebutting the 2005 Permanent Disability Rating Schedule

      1. Costa/Harding

      1. Almaraz/Guzman II

      1. Guzman “III”

      1. Ogilvie II

  1. Photo courtesy of jumpinjimmyjava [↩]

By Posted on Posted in Workers Compensation Resources Tagged with , , , , , ,
Mar
30
2011
Math: The best kind of witness
Math: The best kind of witness

Yesterday the U.S. Supreme Court heard oral argument on a 10 year old sexual discrimination law suit brought against Wal-Mart.1  I was listening to a summary of the oral argument yesterday when I heard this:

Scalia added that if statistical models can replace witnesses and evidence, “we must have a pretty bad judicial system.”

I was driving at the time just about lost it.  Replacing witnesses and evidence with statistical models?  Oh, Judge Scalia, you’ve clearly never practiced in Workers’ Compensation…

  1. Photo courtesy of colodio [↩]

By Posted on Posted in Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources Tagged with , , , , , , ,
Sep
24
2010
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. 12

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)

  1. Lively as in “barely civil” [↩]
  2. I’m kidding! [↩]

By Posted on Posted in Almaraz / Guzman, Author, PDRater Tagged with , , , , ,
Aug
27
2010
Three doctors is probably just plain excessive. And more than a little creepy.
Three doctors is probably just plain excessive. And more than a little creepy.

My prior record for doctor depositions was three in one month.  This was not at all intentional.  It was probably a number of factors.  I tend to take more doctor depositions than most.1 Almaraz/Guzman issues are usually best addressed during a deposition.  And, lastly it just happened to be an extra busy month.

This week I attended three doctor depositions (two set by myself, one set by a co-defendant).  I’d say that pretty well trumps three in a month.  :)

A special shout-out goes to Doctors Z, J, and C.  Thanks for putting up with me guys.  Also, special thanks to Mr. W, my co-Defendant without whom this wouldn’t have been possible.

  1. Photo courtesy of Little Miss no Name.  Photo editing – all me! [↩]