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By Posted on Posted in Author, PDRater, Road Warrior
May
26
2010
Favorite deposition question: Doctor who?
Favorite deposition question: Doctor who?

For those of you keeping score at home, I’ve posted my personal records for the most walk throughs at different Boards in one day (3), most bridges crossed in one day (3), most bridge tolls paid in one day ($10), most bridges crossed without paying tolls legally (2), and now… depositions of doctors.1

I probably tend to take more doctor depositions than most.  I’ve normally got about one or two on calendar each month.  However, this month has been a personal record with three depositions of doctors.2

I seriously doubt any other workers’ comp attorneys keep track of this sort of thing.

  1. Photo courtesy of BBC and TVScoop [↩]
  2. Does this count as a professional record? [↩]

By Posted on Posted in Science
Apr
13
2010
There now, don't you feel better?
There now, don't you feel better?

Psychologists at the University of Minnesota have discovered that thinking about money, such as counting out bills, actually reduces peoples’ perception of pain. 1  They also discovered the opposite holds true – being reminded of money you do not have increases the perception of pain.  But, here’s the really wild part – even “[m]erely touching cash or even staring at a money-filled screensaver could blunt the impact of hard or painful events.” 2

Modified duty as a cashier just got a lot more interesting.

  1. Photo courtesy of sam b-r [↩]
  2. Thanks slashdot! [↩]

By Posted on Posted in 2005 PDRS, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources Tagged with , , , , ,
Mar
13
2010

This afternoon I am presenting at the Workers’ Compensation Section Spring Conference 2010 with a presentation entitled, “Calculating Ogilvie.”  Due to cases relevant to Ogilvie coming out as recently as ten days ago, I’m making the resources mentioned here for everyone to download (along with a rough outline of the presentation).

  1. Ogilvie Formula
    1. Ogilvie formula (longhand)
      1. Each of the steps in the Ogilvie formula explained
    2. Ogilvie formula (shorthand)
      1. Mathematical proof demonstrating a simplified Ogilvie formula
      2. Download the simplified Ogilvie mathematical proof as a PDF here
    3. Ogilvie formula (oversimplified)
      1. Learn how to perform an Ogilvie calculation in your head in 5 minutes (PDF download)
    4. Ogilvie formula (18 point rule)
      1. Read the Ogilvie “18 point rule”
      2. Download the Ogilvie “18 point rule” as a handy PDF
  2. Ogilvie Case Law
    1. Ogilvie v. WCAB I (en banc) 2/3/2009
    2. Ogilvie v. WCAB II (en banc) 9/3/2009
    3. Bowden v. Sunray Termite San Jose WCAB Panel Decision ADJ4536632
    4. Shini v. Pacific Coast Auto Body & Truck San Diego WCAB Panel Decision ADJ2079252 (1/25/2010)
    5. Ochoa v. UPS Ground Freight Order Denying and Report and Recommendation on Reconsideration ADJ1758338 (2/8/2010)
    6. Bertha Noriega Garcia v. Patrick L. Hinrichsen WCAB Panel Decision ADJ6721939 (3/1/2010)
  3. Litigating Ogilvie
    1. Argonaut Ins. Co. v. Ind. Acc. Com. (Montana) (1962) 57 Cal.2d 589
  4. Applicant Attorney Ogilvie Handbook
  5. Defense Attorney Ogilvie Handbook
  6. Appendix
    1. EDD Labor Market Information Division
    2. Cal. Labor Code § 4651 “Average annual earnings shall be taken as fifty-two times the average weekly earnings referred to in this chapter.”

Sample Ogilvie DFEC analysis brief, complete with citations, explanations, and exhibits

By Posted on Posted in Cell Phones, Not Workers Compensation, Technobabble
Mar
3
2010
Ye olde cell fone
Ye olde cell fone

Here’s some trivia for you.  I have the world’s crappiest cell phone.  I get a lot of flack for my cell phone.  It’s beat to hell, got a cracked screen, dented, scratched, and it’s ridiculously old.

How old?  Well, March 15 will be the six year anniversary of the FCC’s acceptance.  My cell carrier has been sending me ever more frantic flyers for the latest cell phones for about four years now.  It’s gotten pretty pathetic, really.

Unfortunately my trusty phone is now taking it’s last gasps and I need to find a replacement.  :(