Will it be a trifecta????
Will it be a trifecta????

My personal best is two walk through settlements at two different WCAB district offices in a single morning.  Tomorrow I am going to attempt three walk through settlements at three different WCAB district offices in a single morning.  My plan is to start my day at the San Jose WCAB at 8:00AM, hit the Oakland WCAB afterward, jet to San Francisco, and then return to the office.  Google Maps tells me that this is going to be 134 miles over 2 hours and 39 minutes12

As I mentioned before, there’s a lot of things that can go wrong – traffic, long walk through lines, a broken photocopier. 3

But, I’ve done what I can to ensure this works.  I’ve called the other parties, have a checklist of everything I need to do in the order I need to do it, my cell phone is charged up4 , phone numbers for opposing counsel and my clients hand, GPS charged up, prepared Minutes of Hearing, Document Cover Sheets, Document Separator Sheets, Awards, and Orders. 56

If you happen to be in San Jose, Oakland, or San Francisco today stop me and say hello.  (And – pretty please may I cut ahead of you in line?)

Lastly, I’ll be checking back here throughout the day, so how about leaving me a word of encouragement in the comments?7

  1. If I had another walk through to do in Santa Rosa, I would be planning a different order. []
  2. Photo courtesy of Matthew Armstrong []
  3. Or, heaven forbid, EAMS could be working tomorrow.  THAT would foul me right up. []
  4. And a back up cell phone charged up too! []
  5. I even sacrificed a giant sequoia sapling as an offering to EAMS. []
  6. I’m even bringing two extra settlements just in case one falls through!  Although, this is really due to coincidence than meticulous planning… []
  7. I think live blogging the trip might be a bit much – but we’ll see. []

Sometimes you get what you pay for
Sometimes you get what you pay for

Here at PDRater, I like to impart a little bit of medical knowledge when I can.  I’ve shown you how swearing can reduce pain, blue M&M’s can heal spinal injuries and now…  sugar is much better for you than previously thought.

Scientists are discovering that placebos are becoming more and more effective.  In order to determine a particular drug is efficacious, they need to perform controlled tests using the real drug in one group and another group taking fake (usually just sugar) pills.

There is no logical reason placebos should have any effect, let alone an effect similar to the real drug being dispensed to the non-control group.  The only explanation I can think of is that people are putting so much faith in the healing power of modern medicine and drugs that they are literally thinking themselves better.

So… what have we learned today?  As best as I can tell, we’re supposed to curse and eat sugar and candy. 1

Thanks Wired!

  1. Photo courtesy of Scroy65 []

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. []

Theres nothing silly about Verify!(R)
There's nothing silly about Verify!®

A few weeks ago I launched a Social Security Number verification tool powered by Verify!®.  Since its launch its become a very popular tool.  One of the coolest things about having these calculators is finding out all of the new ways people think of to use them.  These new and unintended uses are almost always far more interesting than the original pedestrian reasons for which a tool was created.

Take Silly Putty for instance.  Silly Putty was originally created as a potential replacement for rubber during World War II.  It didn’t work as a replacement for rubber, scientists were unable to think of a use for it, and it sat in a lab for years before a toy store owner began stuffing it in plastic eggs.1

Here are a few ideas:

  1. Use it to determine whether someone is a U.S. citizen.
  2. Use it to double-check someone’s year of birth.
  3. Use it to determine approximately when someone became a U.S. citizen.2
  4. Use it to determine whether someone is potentially Medicare eligible.3

What other uses can you think of?

  1. Photo courtesy of unloveablesteve []
  2. I thought of this one during a deposition last week when a deponent couldn’t recall when they first came to the United States.  I just fired up the cell phone web browser, went to the calculator page, and asked the follow up question. []
  3. Thanks Chris! []

Privacy, please!
Privacy, please!

I recently launched a new social security verification toolOne user raised some very important issues – privacy and security. 1 The commenter pointed out that the Verify!® social security number lookup tool did not appear to utilize a secure connection – and could permit the unintended dissemination of private information.

To this, I make the following statements/suggestions:

  1. This website does not utilize secure connections.  There, I’ve said it.  If this is a concern for you, no one will blame you for not using this tool.
  2. This SSN look up tool does not ask for any other information besides the social security number.  By itself, the social security number probably isn’t particularly useful to anyone.
  3. The commenter’s concerns about keyloggers and viruses are valid.  However, such things would be able to access your information no matter how secure I make this website.
  4. Its generally a good idea to be very careful about what information you send out onto the internet.  If you’re not sure something is safe, it probably is not.
  5. By using this site you’re agreeing to the disclaimers, terms of use, and privacy policy.  If you still have additional questions, you can always try to e-mail me.

Thanks Zeke!

  1. Photo courtesy of hyku []

PDRater: Making EAMS more user friendly!
PDRater: Putting a friendly face on EAMS!

I’ve just built  another new workers’ compensation calculator.  Actually, it is a look up tool that will help workers’ compensation professionals file documents with EAMS.1

While I think the recent Verify!® social security number validator may be more intriguing for defense attorneys and claims examiners, I think this new EAMS tool will probably be more useful to Applicant attorneys.

Interested?  Just drop me a line to become a beta tester!

  1. Photo courtesy of Irene on the run []

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 []

New Laptop
New Laptop

I recently posted about how to buy a new computer.  First, you need to think about balancing wants versus needs.  My second post was about the new laptop category of cheap and lightweight netbooks.

Why should you choose a basic laptop?

If you are highly concerned about cost, portability, battery life and not as concerned about optical drives 1 , screen size, or keyboard size you probably want a netbook.  It will probably run you between $300 – $500.2

If cost-be-damned you just must have absolutely everything, well, then get yourself a high end laptop.3  The sky’s the limit with a computer like this.  You can configure an Alienware laptop that will make Deep Thought hide its processor in shame for $5,000.00 or so.

If you are concerned about cost but just cannot sacrifice optical drives, screen size, or keyboard size, you probably want a basic laptop.  A basic laptop is all about compromises.  You get the hardware you need from a desktop, but without the thin, light, elegant, and portable design.  These laptops typically weigh between 6 and 8 pounds and cost between $600 and $1000 or so.

There are so many nearly indistinguishable computers in this category, there is no real point in suggesting a particular laptop.  Just about every manufacturer has several choices for basic laptops.

  1. DVD/CD drives []
  2. Photo courtesy of Ciccio Pizzettaro []
  3. Scroll to the bottom for my pic k. []

A while ago a very entrepreneurial friend of mine suggested I read a book called, “The Art of the Start” by Guy Kawasaki.  This one book is responsible in no small part for the website you see today.1  Guy worked for Apple and later started an influential and innovative venture capital firm, Garage.  As if that wasn’t enough, he’s a frequent lecturer, best selling author, and avid blogger.

In one of his recent articles, he talks about “Plan B for Fund Raising.”  Here’s my take on Plans A and B:

Plan Bee*
Plan Bee

Plan A

Anyone who was alive during the late 90’s has heard of “Plan A.”  Build a prototype, put together a PowerPoint presentation, get some venture capital, and spend venture capitalist money.  You know how this story ends.  The company gets bought out and everyone is rich or the company never goes anywhere and its assets are sold for scrap.

Plan B2

Anyone who was alive during the 70’s knows all about “Plan B.”  These are the people who started businesses in their garage.  I suppose we really only hear about the success “Plan B” stories.  No one’s surprised when a home business doesn’t go big so no one talks about it.  Plan B is where somebody believes so feverishly in their own idea they work on it nights and weekends after they come home from their day job as a barrista.

The whole reason I’m writing this blog post, indeed the reason why I have this blog and website at all, is because of “Plan B.”  At its most hectic in the last year, I was working a day job, doing contract attorney and techie work for various clients, while marketing and programming these calculators.  While I didn’t live with my parents, I participated in a surprisingly (and embarrassingly) large number of the activities Guy describes under Plan B.

This is NOT something I intend to do ever again.  Thankfully, the hard work of building the calculators is done.3  These days my only continuing time commitment to this site is writing blog posts and answering fan mail.4

  1. So, if you don’t like it – blame him!  Haha! []
  2. Original photo courtesy of Eye of Einstein []
  3. Well, more accurately, its always almost done.  ;) []
  4. But, mostly blog posts. []