guzman – PDRater – Permanent Disability Calculators

Workers’ Compensation Specialization Boot Camp

By Jay Shergill Posted on July 18, 2011 Posted in Almaraz / Guzman, Conference, Permanent Disability Rating Schedule, Permanent Partial Disability, Permanent Total Disability, Workers Compensation Resources No Comments Tagged with almaraz guzman 2, almaraz guzman 3, almaraz guzman ii, argonaut, benson, benson v wcab, blackledge, boot camp, brodie, brodie / welcher, certified specialist, certified specialist exam, costa, costa harding, costa hardy, escobedo, escobedo marshall's, flash card, formal rating instructions, garcia, guzman, guzman 3, guzman iii, harding, hardy, lebeouf, leboeuf, marshall's, montana, montana factors, policy and proecedures manual, psychiatric injuries, rating, rating instructions, welcher, workers compensation certified specialist, workers compensation certified specialist boot camp

The Workers’ Compensation Specialization Boot Camp on July 16 and 17 in Los Angeles was a packed house. ((Photo courtesy of jumpinjimmyjava)) 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:

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 id=”46″]
  1. Read a summary of Ogilvie III here!
8. Argonaut Ins. v. Ind. Acc. Comm (Montana)
Psychiatric Injuries
1. Cal. Labor Code Section 3208.3
2. Dept. of Corrections v. Workers’ Comp. Appeals Bd. (Garcia)
Apportionment
Rating
1. Blackledge v. Bank of America
2. Policy & Procedures Manual of the WCAB
(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.

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. 1. LeBeouf

1. 2005 Permanent Disability Rating Schedule
  1. Permanent Impairment

1. 1. Rebutting the 2005 Permanent Disability Rating Schedule

1. 1. Costa/Harding

1. 1. Almaraz/Guzman II

1. 1. Guzman “III”

1. 1. Ogilvie II

Annual Meeting of The State Bar of California – Monterey

By Jay Shergill Posted on September 24, 2010 Posted in Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources No Comments Tagged with almaraz, almarazguzman, awards, california bar, guzman, presentation, speaker, state bar

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. ((Lively as in “barely civil”)) ((I’m kidding!))

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)

Guzman is affirmed by the 6th Appellate!

By Jay Shergill Posted on August 19, 2010 Posted in Almaraz / Guzman, Workers Compensation Resources No Comments Tagged with ag, agii, almaraz, guzman

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. ((Photo courtesy of funkandjazz)) 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!

Ogilvie II, Almaraz/Guzman II – More En Banc Opinions!

By Jay Shergill Posted on September 3, 2009 Posted in Almaraz / Guzman, Case Law, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources No Comments Tagged with almaraz, almarez, Compensation Appeals Board, Decisions, En Banc, guzman, Wcab

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. ((Photo courtesy of arturodonate)) 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.

Ogilvie, Almaraz, & Guzman: Reconsideration Granted! Amicus Briefs Allowed!

By Jay Shergill Posted on April 6, 2009 Posted in 1997 PDRS, 2005 PDRS, Almaraz / Guzman, AMA Guides, DFEC Rebuttal, Ogilvie, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with aghazarian, almaraz, almarez, amicus, Amicus Brief, C Duncan, caplane, City And County Of San Francisco, commissioner, Compensation Appeals Board, Compensation Insurance Fund, Concurring Opinions, Crazy Stuff, Department Of Industrial Relations, En Banc, Enviroserve, guzman, Interested Party, Keenan, Kesselring, Majority Opinion, Milpitas Unified School District, new cases, order granting reconsideration, Pdrs, rebut 2005, rebut dfec, rebut pdrs, Rebuttal, recon, Sfo, Sjo, State Compensation Insurance, State Compensation Insurance Fund, Wanda, Wcab, wcab en banc

Need more time to think about Ogilvie, Almaraz, and Guzman? — Need more time to think about Ogilvie, Almaraz/Guzman?

Sometimes even the WCAB needs more time to think. ((Photo courtesy of radiospike photography))

On March 26, 2009, the director of the Department of Industrial Relations, John C. Duncan, issued a letter to the entire Workers’ Compensation Appeals Board asking them to vacate their own decisions and solicit argument and amicus briefs. Here’s a copy, courtesy of WCExec.com, the Letter from Director of DIR to WCAB re: Ogilvie and Almaraz/Guzman (3/26/2009).

On Monday April 6, 2009 the WCAB issued three Orders Granting Reconsideration and Order Allowing Amicus Briefs (en banc) in Ogilvie and Almaraz/Guzman. For your review:

What does the Order Granting Reconsideration of Ogilvie and Almaraz/Guzman mean for you?

Ogilvie and Almaraz/Guzman are still the law. Despite Commissioner Aghazarian’s two concurring opinions, the WCAB did not issue a stay of either Ogilvie or Almaraz/Guzman.
The WCAB has granted SCIF’s petition for reconsideration in Almaraz, granting reconsideration on their own motion in Guzman, and the parties’ petitions for reconsideration in Ogilvie. They have granted reconsideration on these cases to, “afford us a sufficient opporutnity to study the issues.” ((Hence, the “The Thinker” reference above…))
Any interested party may file an amicus brief no later than May 1, 2009 at 5pm.

Tag: guzman