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…