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By Posted on Posted in Workers Compensation Resources Tagged with , , , , , , , ,
Sep
17
2009
Would you sign my copy of Ogilvie?
Would you sign my copy of Ogilvie?

As I mentioned a few days ago, I was recently at the State Bar Convention in San Diego.  While at the Steve Jimenez Memorial Special Recognition Awards Ceremony, I bumped into one of the Workers’ Compensation Appeals Board commissioners.1

It was one of those days where I’m kicking myself for not lugging around my copy of Ogilvie II.2

I got to tell this commissioner, “I’m a big fan of your work.”3

  1. You’ve got a one in nine chance of guessing which one.  ;)  [↩]
  2. Photo courtesy of USAFA87 [↩]
  3. Yes, yes, I already know I’m a great big nerd. [↩]

By Posted on Posted in 2005 PDRS, Case Law, Ogilvie, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources Tagged with , , , , , , , , , , , , ,
Sep
16
2009
Oh, if only rehab was this easy...
Oh, if only rehab was this easy…

Vocational experts seem to have gotten pretty well trampled by the recent Ogilvie I and Almaraz/Guzman I en banc decisions.  The Ogilvie II and Almaraz/Guzman II en banc decisions didn’t do them any favors either.

As far as I can tell, the WCAB1 in Ogilvie II basically flip flopped on the role of vocational experts.  Under Ogilvie I at least one very entrepreneurial vocational counselor was making money performing the Ogilvie I formula adjustments and offering to testify to support their findings.2

The Workers’ Compensation Appeals Board in Ogilvie II has very explicitly stated that vocational experts are not necessary when it comes to performing the Ogilvie I formula adjustment – since it is an objective and retrospective calculation.

This leaves open the question of whether vocational expert testimony is only relevant when defending against an Ogilvie argument.

  1. Well, eight of the commissioners anyhow. [↩]
  2. I received more than one letter demanding agreement to a vocational counselor under Ogilvie I. [↩]

By Posted on Posted in Blogging, Not Workers Compensation Tagged with , , , ,
Sep
15
2009
Keeping safe
Keeping safe

I ran across this website a few days ago.  It’s a website devoted to the homemade modifications firefighters make to their tools and gear to make their lives easier and fighting fires safer. 1  Hopefully a firefighter you know might find it useful.

Most of these modifications are simple and practical – and all are designed to help save a life. 2

  1. Photo courtesy of Thomas Hawk [↩]
  2. Plus, I am a fan of customization. [↩]

By Posted on Posted in Author Tagged with , , , ,
Sep
14
2009
Hint: The U.S.S. Midway has never docked in Las Vegas
Hint: The U.S.S. Midway has never docked in Las Vegas

I stayed at the Hyatt in San Diego this last weekend for the annual State Bar convention.  While there I heard someone comment on their room, “They can only get away with charging these rates because it’s in San Diego.  A room like mine would be $100 in Las Vegas.”1

My first thought was, “Yeah, and if the leaning tower were in New York instead of Italy, it would be condemned.  What’s your point?”

My room had a really great view (my phone was kind enough to stitch the photos together for me):

San Diego
San Diego
  1. Photo courtesy of the Port of San Diego [↩]

By Posted on Posted in Workers Compensation Resources Tagged with , , , ,
Sep
11
2009

I had the good fortune to attend the Steve Jimenez Memorial Special Recognition Awards on September 11, 2009.  Congratulations to:

  • Judge Linda Morgan, Judge of the Year
  • Michael Laughlin, Lifetime Achievement Award
  • J. Bruce Sutherland, Applicant Attorney of the Year
  • Robert Succa, Defense Attorney of the Year