Dec
8
2011
Medical Treatment

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? [↩]
Dec
5
2011
Medical Provider Network, PDRater

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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 [↩]
Jul
29
2011
Downloads, Ogilvie, Workers Compensation Resources

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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 [↩]
Jul
18
2011
Almaraz / Guzman, Conference, Permanent Disability Rating Schedule, Permanent Partial Disability, Permanent Total Disability, Workers Compensation Resources

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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 [↩]
Mar
30
2011
Workers Compensation Resources

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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 [↩]
Sep
24
2010
Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources

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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! [↩]
Sep
9
2010
Laptop, Technobabble

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Youd have to know the theme song to really get it...
You'd have to know the theme song to really get it...

You’ll understand the title in just a moment…

For the last few months my laptop has been in bad shape.  Such bad shape I’ve been using a backup laptop. 1  Something on my laptop’s motherboard went bad and killed the battery. 23  I could still use it – but I had to keep it plugged in all the time.  If I needed to move it, I had to shut it down all the way, move it, then boot it up – since it had no battery life at all.

Well, Dell’s kick ass incredible customer service took care of me – once again.  I can’t thank these guys enough for going above and beyond.  I’ve said it before and I’ll say it again, my next laptop is going to be a Dell. Thanks to Lionel my laptop is sporting a totally brand-spanking new motherboard and power cord.  I’ve also just slapped in a totally new battery as well.

Anyhow, I’m beyond happy. 4

  1. Trust me, the back up laptop is nothing to brag about. [↩]
  2. You see, the motherboard – it went bad.  It was one bad mother…  Oh, forget it. [↩]
  3. The photo does not belong to me and is probably the property of MGM. [↩]
  4. Yes, yes, I’m a nerd – whatever. [↩]
Aug
27
2010
Almaraz / Guzman, Author, PDRater

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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! [↩]
Aug
19
2010
Almaraz / Guzman, Workers Compensation Resources

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The end for Milpitas USD?
The end for Milpitas USD?

Update: Download Milpitas United School District v. WCAB and Guzman, 6th Appellate District Court H034853, ADJ3341185, SJO0254688!

Looks like Milpitas Unified School District v. WCAB and Guzman is here to stay. 1 The 6th Appellate Court has just affirmed the WCAB’s decision in full.

Where does this leave us?  Well, under “Almaraz/Guzman II” we need to get a “strict AMA” and either side can obtain an “Almaraz/Guzman II” opinion from the doctors based upon rebuttal evidence, with the Judge being the final arbiter.

What else does this mean?  I’m probably going to break my personal record for the most doctor depositions in a single month.

Click here for more in depth coverage of Guzman!

  1. Photo courtesy of funkandjazz [↩]