Jun
30
2009
0

Adventures of a Road Warrior

...and she was reading this!

...and she was reading this!

Yesterday morning I was driving to the San Jose Workers’ Compensation Appeals Board along 680 in the midst of some pretty gnarly traffic.  A woman followed me in her black Infiniti from roughly Danville to Dublin, tailgating.[1]

She was following me so closely, I could literally read her lips as she was chanting, “Oh my god, oh my god, oh my god.”

I kid you not.

  1. Photo courtesy of BillyPalooza []
Jun
27
2009
1

Guest Article from Vocational Expert Emily Tincher

Always room for guest articles at PDRater!

Always room for guest articles at PDRater!

Emily Tincher has recently provided a vocational expert’s perspective on the Ogilvie and Almaraz/Guzman decisions.

Have you got an article on workers’ compensation you’d like to see published?  Drop me a line and let me know.[1]

Thanks Emily!

P.S. For those of who keeping score at home, this is my 200th post!!!  That’s 200 posts in 357 days or roughly a post every 1.7 days.

  1. Photo courtesy of Stephen Cummings []
Jun
27
2009
0

Tinkering again…

goodmorningohmanishouldreallywritesomenewstuffforthiswebsite!!!

goodmorningohmanishouldreallywritesomenewstuffforthiswebsite!!!

Some days I’m inspired to develop new things for this website.  Here’s a few things I did this morning:[1]

  • Added a guest article
  • Wrote a new plugin to handle the disclaimers on guest articles
  • Added several features to the plugin that displays the related posts
  • Edited the theme for this website
  • Added a little search engine optimization magic to the site
  • Added to and edited the “About” page
  • Put together a database of the various WCAB district offices so that I can continue my series of posts providing photos, contact information, and driving directions to each office
  1. Photo courtesy of lepiaf.geo []
Jun
27
2009
0

Guest Article: Vocational Expert Response to Ogilvie/Almaraz/Guzman

The workers compensation law is founded on the concept of exclusive remedy. In exchange the employer is protected from a civil case. The agreement results in liberal construction. The Trier of Fact has always had the latitude to interpret PD when there are gray areas, and can do so in favor of the worker. The traditional concept is that this is a David and Goliath situation and the system should err in favor of the injured workers.

The new En Banc decisions are a recapitulation of this basic tenet of all workers compensation law. We first saw this in Le Bouef, followed by any number of cases where a PD rating is increased by the WCAB. In cases like Espinoza in the late 80’s, literacy was factored out of the PD rating and considered non industrial. This came up again recently in Hertz, but its really old news.

The new En Banc decision has given the applicant’s attorney more encouragement to challenge the rating. There has always been this ability and the challenge is generally successful, if in fact, the worker is far more disabled than rated. Or far less. I recall the excitement when a case law came out in the late 90’s that said the PTP did not always prevail. The judge simply found the D/QME better science, better clinical evidence and more compelling than a poorly conceived PTP report.

The use of the vocational expert in cases where there is a possible injustice has always been an option for the applicant attorney. The defense will need rebuttal evaluations to ensure that these assertions are fairly reviewed by the Trier of Fact. I am pleased to see the issue raised and the heightened interest in the opinions of vocational experts. There are many pitfalls in the practices and methodologies used. Does interest and motivation factor into ability to work? Is possible to identify the “highest and best” earnings and the “lowest and worst?” Certainly a decent vocational expert can take any side of the argument and present a case of very low, or no earnings, or present a case of higher earnings or no loss of earnings. These are hypothetical evaluations, and the factors must be considered carefully.

Recently I evaluated a young man, age 27, who had an injured hand and could no longer deliver furniture. He was earning $16.00 per hour. The applicant’s evaluator determined he had no transferable skills and was able to earn only minimum wage. One year later, the applicant had taken a four week course in phlebotomy and was earning $22.00 per hour, an increase in earning capacity. The software used by vocational experts would never have predicted this outcome. I did however; predict it, as it turned out that the worker had 100 undergraduate units, but no degree. I asserted that with that level of aptitude for learning, he would eventually find his highest and best earning capacity. The evaluation which is limited to D.O.T codes will be open to scrutiny and can be overturned. Only by consideration of all rehabilitation factors is it possible to accurately predict earning capacity.


To contact Emily Tincher, call 415 389 8953 or email her at Emily.tincher@cascadedisability.com.

Emily Tincher is a vocational expert, in practice over 25 years throughout California, as a specialist in workers compensation. She has a Masters in Vocational Rehabilitation Counseling from the CRC certified program at University of Southern California, and was admitted to the American Board of Vocational Experts as a Fellow.
Jun
24
2009
5

New Ogilvie Calculator Feature!

PDRater workers compensation calculators - so easy a cat can use them!

PDRater workers' compensation calculators - so easy your cat can use them!

What’s that?  You haven’t memorized ALL of the FEC ranks to go with each of the 2005 Permanent Disability Rating Schedule body parts? [1]

Why didn’t you say so?   (Actually, someone did ask for an easy way to look up the FEC ranks back on April 1).

I’ve been working on an easy way to allow a user to look up and quickly insert the FEC rank for the affected body part.  I finally got around to building it a few days ago and launched it this morning.  Please give it a shot and let me know what you think.

Here’s all you need to do to perform your very own Ogilvie calculation:

  1. Go to the permanent disability calculator page. (If you haven’t already signed up for free, this is a good time.)
  2. Click “Ogilvie” Diminished Future Earning Capacity Calculator
  3. Type in the FEC rank OR click “FEC Rank (1-8)” and click on the injured body part.  It will look up the FEC rank and insert it for you.
  4. Type in the “Whole Person Impairment”
  5. Type in the “Post Injury Earnings of Applicant”
  6. Type in the “Post Injury Earnings of Similarly Situated Employees” OR click the link to obtain some information from the EDD Labor Market Information Division (LMID) and US Department of Labor, Bureau of Labor Statistics (BLS).

If you can think of a way for me to make this calculator even easier, please let me know. [2]

  1. You’ve only had four years, right? []
  2. Photo courtesy of Vicki’s Pics []

Use of this site constitutes agreement to its Terms of Use, Privacy Policy and Legal Disclaimer.
Copyright 2007 - 2017 - PDRater – PD calculators and Jay Shergill
Powered by WordPress | Aeros Theme | TheBuckmaker.com WordPress Themes