Jan
26
2010
0

Another personal record: Bridge Toll

Free pass

Free pass

Yesterday I had an appearance in San Jose and then another up in San Rafael.  From San Jose I drove up through San Francisco, northbound over the Golden Gate Bridge, to my appearance, then back over to Contra Costa County via the Richmond Bridge.[1]

Wait for it…

The Golden Gate is only toll southbound and the Richmond is only toll westbound.  I traveled over two bridges and didn’t pay a single toll!

  1. Photo courtesy of worldsurfer []
Jan
20
2010
0

2009 Permanent Disability Rating Schedule

Also not a valid permanent disability rating schedule for 2009

Also not a valid permanent disability rating schedule for 2009

I’ve been getting a lot of questions about the Draft 2009 Permanent Disability Rating Schedule.  There is no 2009 Permanent Disability Rating Schedule. [1]

Yes, yes, I know we’re supposed to have a new schedule per 8 CCR 9805, but the proposed draft 2009 PDRS was never approved.

Overall, the draft 2009 Permanent Disability Schedule doesn’t change much from the existing 2005 schedule.  The biggest change is in the application of the FEC rank adjustment.  Instead of increasing permanent disability between 10% and 40%, the proposed FEC rank system would increase permanent disability between 20% and 50%.  Additionally, the proposal suggested juggling the various ranks among the body regions.  If you’re curious about the exact proposed changes, the DWC Newsline gave a really great overview back on May 9, 2008.

Here’s the take-away:

  1. Photo courtesy of wenzday01 []
Jan
18
2010
0

It’s final: Ogilvie is not stayed

WCAB gives Ogilvie the green light

WCAB gives Ogilvie the green light

Apparently the defense attorney on Bowden v Sunray Termite wrote ex parte to the WCAB requesting the case be declared a significant panel decision. [1]

Commissioner Miller’s letter (download below) notes Bowden was a “purely fact driven case” and “is not to be a statement of legal importance to the community.”  Commissioner Miller further points out Significant Panel decisions are citable panel decisions but not binding legal precedent. [2]

Commissioner Miller letter dated 1/13/2010 to Defense attorney on Bowden v Sunray Termite.

What does this mean to you?

Ogilvie has not been stayed, so sharpen your #2 pencils and work on your math skills.

  1. Photo courtesy of adamwilson []
  2. Even if the defense attorney’s request had been granted Ogilvie, as an en banc decision, would still take precedence over Bowden. []
Jan
12
2010
0

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