Workers Compensation Resources

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Sep
4
2009
2005 PDRS, Almaraz / Guzman, AMA Guides, Case Law, Ogilvie, Permanent Partial Disability, Workers Compensation Resources

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Ogilvie and Almaraz/Guzman - lets cut to the chase
Ogilvie and Almaraz/Guzman - let's cut to the chase

First off, if you haven’t already downloaded Ogilvie II and Almaraz/Guzman II, do so now!

As I mentioned previously, each of these cases is about 50 pages long, so there is clearly no substitute for reading them for yourself.  However, here’s Ogilvie II and Almaraz/Guzman II in five sentences:1

  • Ogilvie v. WCAB II:
    • The WCAB ruled the original Ogilvie (I) formula is still valid.
    • The WCAB appears to have created a right to reopen a case for “individualized proportional earnings loss.”
    • Vocational testimony is not an appropriate way to dispute the DFEC portion of the 2005 Permanent Disability Rating Schedule.
    • (Bonus Dissent Summary: The lone dissent by Caplane says that vocational testimony should be considered proper rebuttal to an entire permanent disability rating.)
  • Almaraz/Guzman II:
    • The WCAB ruled that a doctor must issue reports within the “four corners” of the AMA Guides 5th Edition to comply with Labor Code Section 4660(c). 2
    • However, either party may obtain rebuttal evidence in the form of supplemental reports and depositions regarding the use of any other chapter, method, or table within the AMA Guides.
    • (Bonus Dissent Summary:  The dissenting opinion from Brass, Caplane, and Moresi says they would affirm their decision in Almaraz/Guzman I.)

What do these cases mean for the practitioner?

  • The WCAB has created a new right to reopen for a higher than expected “individualized proportional earnings loss.”
  • The Ogilvie Mathematical Proof of 18 Point Add-Ons still stands.
  • I see even more doctor depositions in my future.
  • My phone is going to be ringing off the hook tomorrow.
  1. Photo courtesy of Scallop Holden [↩]
  2. Here, the phrase “four corners of the AMA Guides” just means the parties are restricted to the actual text of the AMA Guides and cannot use analogies and evidence from outside the AMA Guides. [↩]
Sep
3
2009
Almaraz / Guzman, Case Law, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources

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The Board is back!
The Board is back!

Need a FREE sample Ogilvie analysis brief complete with citations?

The Workers’ Compensation Appeals Board is back with their en banc decisions on Ogilvie and Almaraz/Guzman after reconsideration. 1  Download the Ogilvie/Almaraz/Guzman decisions all in one place:

Each of these four is about 50 pages.  Read them carefully, there will be a test later.

  1. Photo courtesy of arturodonate [↩]
Aug
31
2009
Author, Calculators, Cell Phones, PDRater, Workers Compensation Resources

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Theres nothing silly about Verify!(R)
There's nothing silly about Verify!®

A few weeks ago I launched a Social Security Number verification tool powered by Verify!®.  Since its launch its become a very popular tool.  One of the coolest things about having these calculators is finding out all of the new ways people think of to use them.  These new and unintended uses are almost always far more interesting than the original pedestrian reasons for which a tool was created.

Take Silly Putty for instance.  Silly Putty was originally created as a potential replacement for rubber during World War II.  It didn’t work as a replacement for rubber, scientists were unable to think of a use for it, and it sat in a lab for years before a toy store owner began stuffing it in plastic eggs.1

Here are a few ideas:

  1. Use it to determine whether someone is a U.S. citizen.
  2. Use it to double-check someone’s year of birth.
  3. Use it to determine approximately when someone became a U.S. citizen.2
  4. Use it to determine whether someone is potentially Medicare eligible.3

What other uses can you think of?

  1. Photo courtesy of unloveablesteve [↩]
  2. I thought of this one during a deposition last week when a deponent couldn’t recall when they first came to the United States.  I just fired up the cell phone web browser, went to the calculator page, and asked the follow up question. [↩]
  3. Thanks Chris! [↩]
Aug
26
2009
Blogging, Ogilvie, PDRater, Technobabble, Website Updates, Workers Compensation Resources

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Happy Birthday PDRater!
Happy Birthday PDRater!

I’ve been so busy lately I completely forgot to mention PDRater’s second birthday!1

This site was launched on July 23, 2007.  For both of you who were using it back then, you remember it was an ugly ugly baby.

I’ve really enjoyed working on this website for the last two years.  I use the word “work,” but I don’t really mean it.  Building calculators, creating charts, and unraveling the mysteries of Ogilvie are my hobbies too.  :)

What would you like to see from this website in the coming year?  Please let me know in the comments or send me an e-mail.  I already have several (more) new calculators in the pipeline, but I’m always open to ideas.

  1. Photo courtesy of rmansoorian [↩]
Aug
14
2009
Author, Calculators, Free, PDRater, Workers Compensation Resources

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PDRater: Making EAMS more user friendly!
PDRater: Putting a friendly face on EAMS!

I’ve just built  another new workers’ compensation calculator.  Actually, it is a look up tool that will help workers’ compensation professionals file documents with EAMS.1

While I think the recent Verify!® social security number validator may be more intriguing for defense attorneys and claims examiners, I think this new EAMS tool will probably be more useful to Applicant attorneys.

Interested?  Just drop me a line to become a beta tester!

  1. Photo courtesy of Irene on the run [↩]
Aug
12
2009
Calculators, PDRater, Subscription Features, Technobabble, User Interface, Workers Compensation Resources

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Social Security Number Validator powered by Verify!
Social Security Number Validator powered by Verify!(R)

As promised!  A new calculator!

Well, check out my new social security number online search tool, powered by Verify.com.  It has some pretty cool features.  You can Verify!®:

  • whether a social security number is in a valid format
  • what year a social security number was issued
  • in what state the social security number was issued
  • whether the person to whom the social security number has passed away
Aug
11
2009
Business, Calculators, Marketing, PDRater, Subscription Features, Technobabble, Website Updates, Workers Compensation Resources

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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 [↩]
Aug
10
2009
Author, Design, EAMS, PDRater, User Interface, Workers Compensation Resources

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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?

Aug
7
2009
2005 PDRS, AMA Guides, DFEC Rebuttal, Downloads, Free, Ogilvie, PDRater, Technobabble, Workers Compensation Resources

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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 hard. 1

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”! [↩]