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. [1][2]

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)

1. Lively as in “barely civil”
2. I’m kidding!

Three doctors is probably just plain excessive. And more than a little creepy.

My prior record for doctor depositions was three in one month.  This was not at all intentional.  It was probably a number of factors.  I tend to take more doctor depositions than most.[1] Almaraz/Guzman issues are usually best addressed during a deposition.  And, lastly it just happened to be an extra busy month.

This week I attended three doctor depositions (two set by myself, one set by a co-defendant).  I’d say that pretty well trumps three in a month.  :)

A special shout-out goes to Doctors Z, J, and C.  Thanks for putting up with me guys.  Also, special thanks to Mr. W, my co-Defendant without whom this wouldn’t have been possible.

1. Photo courtesy of Little Miss no Name.  Photo editing – all me!

Back in Sac!

I’m at the Sacramento WCAB this morning, so why not stop me and say hello?

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?

Old Town Salinas

I’ve got a hearing at the WCAB in Salinas this morning.

If you’re around this morning, stop me and say hello!

Driving under the influence

Yesterday I was driving back from Modesto and I noticed a CHP officer out of the corner of my eye. [1]  My first instinct is always to double check my speed.

However, yesterday afternoon I noticed this officer was on his cell, left elbow propped up on the edge of the window, yakking away, while tailgating a semi in the slow lane.

Not wanting to get pulled over for driving under the influence of irony, I didn’t take a picture with my phone.

BTW, I’ve got to be in San Francisco this afternoon – stop me and say hello!

1. Photo courtesy of OregonDOT

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

Success??? Where do I sign up?

In my tradition of sharing my fortunes[1] with you, I present my latest fortune cookie fortune.

I like to think I earned this one.  I ordered mu shu from the same place as last time.  So far so good.

TMI?

1. Both good and bad…

'Nuff said

This last weekend while attended a meeting of the Executive Committee of the Workers’ Compensation Section of the State Bar of California I referred to myself as a workers’ compensation nerd. [1][2]

Some very kind, but ultimately uninformed, person assured me that I was not a nerd after all. [3] [4]  Let’s step back for a minute and examine the facts.  At that very moment I was:

• Taking a few days off work to attend a meeting about workers’ compensation[5]
• Inside a conference room with about twenty other workers’ compensation attorneys
• Awake at 8:30 AM on a Friday morning pontificating about Ogilvie math
• Sitting in front of my laptop, typing about workers’ compensation
• Making notes in my blog about workers’ compensation

Clearly, we need to have a heart-to-heart about “substantial evidence.”

Well, last night I received an e-mail stating that they had seen this website and offered this retraction:

“I must actually withdraw my objection to your calling yourself a workers’ comp nerd.”

They must have seen my walk through posts.

1. Can you believe someone already owns WCExec.com???  What a perfect domain name for the workers’ compensation executive committee!
2. I kid because I love!
3. Glasses notwithstanding.
4. Photo courtesy of this person.
5. Without MCLE in sight!

Bay Bridge still being repaired...

So, the Bay Bridge will NOT be open this morning.  The Bay Bridge has its own Twitter page so you can check its status (updated every few hours).[1]

Update @ 5:58am:  “Bay Bridge repairs are undergoing final inspections. The bridge is expected to open later today. Check back for updates and opening time.”

When I had to drive to Palo Alto last Thursday I completely avoided all the bridges because traffic was such a mess.  It took me longer, but at least it took me longer in a predictable fashion.

1. Photo courtesy of Telstar Logistics

Antivirus Pro 2010 SCAM

My father in law’s laptop is infected with a very nasty program called “Antivirus Pro 2010.”  It disables a bunch of core Windows functions, messes with other programs, shuts down the computer randomly, tells you the computer has a virus (which is technically true), and then offers to help you out for $40.00.  In reality, this program is itself malware/spyware etc.

The problem is that it really looks like its an official MicroSoft or Windows program! [1]

After several attempts and trying to use numerous different programs, I’ve been unsuccessful in deleting it.  It installs pieces of itself all over the computer – and if you don’t delete each piece it will install the entire thing all over again.  The various recommendations I’ve seen on the internet have been ineffectual.

If When I finally remove it, I’ll post the information here.

1. Photo courtesy of bleepingcomputer.com

Original photo entitled, "Evil U-Haul Truck"

According to the WCAB Newsline, the Sacramento WCAB has moved as of 10/19/2009. [1] They are now located at:

Sacramento WCAB 160 Promenade Circle Sacramento, CA 95834 (916) 928-3101

I’ve got a hearing there this afternoon.  Stop me and say hello!

1. Photo courtesy of Mrjoro

... move along, move along

I went grocery shopping this weekend and stopped by the bakery area to pick up some bread.[1]

I asked the clerk, “Do you have any pumpernickel bread?”

She responded, “What kind?”

“Any kind of pumpernickel of absolutely any type.”

Her answer:  “No.”

1. Photo courtesy of jumbledpile

Walk through trifecta - leg one

Last week I managed to obtain three walk through settlements at three different Boards in the same day – mostly due to the good will and kindness of Board staff and other attorneys.  It was my plan to walk through a settlement in San Jose and then Oakland in the same morning to be followed up with an afternoon settlement in San Francisco.[1]

My morning walk through in at the San Jose WCAB was with an unrepresented injured worker.  I had set my Board file and settlement documents down next to me and turned to speak to the injured worker – but when I turned back my Board file and documents were gone.  An attorney had walked into the room, picked up my documents and Board file, put them in his bag along with his other materials nearby, and left for his office.

At this point, the dream was almost dead before it had even begun.  Even if I managed to chase down my file which was now somewhere in San Jose, I only had a slim chance of finishing a walk through that morning and no chance of doing a second in the same morning.

I very nearly aborted the mission and returned to my office in defeat.  Ultimately, I decided that I’d rather risk a spectacular failure than not try at all.

I called my office to get the phone number of the attorney I thought had picked up my file, called their office, and left a message asking for their attorney to call me back.  He called me back a few minutes later and said my file was in his bag – he must have put it there accidentally.  Unfortunately, his schedule didn’t permit him to bring the file back to the Board.

After apologizing to the injured worker and begging the forgiveness of the Judge, I left the Board and my really excellent parking space for the attorney’s office.  I was probably inside their office for less than 30 seconds total since the attorney had left my Board file with his receptionist.  Back to the Board, a less than primo parking spot, and last place in the walk through line. [2][3]

Fortunately, the Judge and extremely understanding attorneys in the room allowed me to cut ahead in line to finish my walk through and continue on with my quest.

1. Photo courtesy of Tony Stanley
2. At that point I considered the various traffic signs “more what you’d call ‘guidelines’ than actual rules.”
3. Thank you Captain Barbosa!

Three different orders, one day

I’m not going to hold you in suspense. Yesterday I decided to try to fulfill my dream of doing three walk through settlements at three different boards in one day.  Thanks to several very nice people I managed to do it.  But for the kindness, patience, and tolerance of three Judges, other workers’ compensation attorneys, and especially the Board staff, I never would have stood a chance.

I had a settlement in San Jose in the morning, one in San Francisco in the afternoon, and then another in Oakland.  Google Maps says it should have been 2 hours 34 minutes and 132 miles.

I’ll fill in the details later, but suffice it to say that almost nothing went as planned. [1]

1. Photo courtesy of Jakerome

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 minutes. [1][2]

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 up[4] , 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. [5][6]

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.

Hint: The U.S.S. Midway has never docked in Las Vegas

I stayed at the Hyatt in San Diego this last weekend for the annual State Bar convention.  While there I heard someone comment on their room, “They can only get away with charging these rates because it’s in San Diego.  A room like mine would be $100 in Las Vegas.”[1]

My first thought was, “Yeah, and if the leaning tower were in New York instead of Italy, it would be condemned.  What’s your point?”

My room had a really great view (my phone was kind enough to stitch the photos together for me):

San Diego

1. Photo courtesy of the Port of San Diego

WCAB Stockton

If you happen to be at the WCAB in Stockton, stop by and say hello.

Chance are I’ll be there most of the day.  Any good spots for lunch?

Easy-to-make iPhone

A company once told me someone had offered to build permanent disability calculators for their website in three months for $7,500.  One said six months and $20,000.  Recently, another suggested it would take them a year and $40,000.  My response is usually some variation on “You’ve got to take that deal.  You’re wasting your time talking to me.”

It’s no big secret that building a great product takes a lot of work.  The important thing to remember is that just because something is easy-to-use, that doesn’t mean its easy-to-make. [1]

Difficult-to-make iPhone

Let’s take the iPhone for example.  Everyone will concede its an easy phone to use.  However, it was released more than two years ago on 6/29/2007. [2]  In that time the other players – BlackBerry, LG, Nokia, and Palm have all been trying to catch up.  If this easy-to-use phone were easy-to-build everyone would have their own version.

Look, there’s no special magic to building a website like this.  Really, anyone can do it.  All you have to do is learn the calculations inside-and-out, deconstruct the math involved in the various calculations, learn some client and server side programming languages, learn a content management system, make it all work together, keep current on changes in the law, start all over again each time the law changes, and earn the respect of the workers’ compensation community.  Once done, you’ll have your very own workers’ compensation calculator website!

To return to the lesson of the iPhone, building a touch screen phone that can play music and surf the web is totally doable.  Doing it right is another matter entirely.

1. Visit the link for a PDF of a cut-and-fold iPhone.  Thanks Gizmodo!
2. Wikipedia link.

To sleep, perchance to dream

And my dream is to do four walk through settlements at three different WCAB district offices in one single day.[1][2]

I’ve given this a lot of thought and I even have a plan as to how to get this done.  If I ever got the chance to do four walk throughs at four Boards in one day, I’d do it like this:

1. Get up early, arrive at the Santa Rosa WCAB at 8:00 AM and attempt the first walk through
2. Head to San Francisco over the Golden Gate for the second walk through
3. In the afternoon, do the third walk-through in San Jose
4. Hit the road for Oakland and do the fourth walk through
5. According to Google Maps, that’s 234 miles and 4 hours and 26 minutes

I honestly don’t even know if this is possible. [3] There are a million things that could go wrong.  I could hit traffic, I could be missing a page from a benefits printout, someone could change their mind about the settlement, a doctor could issue a supplemental report.  I also know that I would need a LOT of things to go right.  Here’s my tentative checklist:

1. Four walk through settlements ready to be approved at four different Boards (this is easily the toughest part)
2. Four claims examiners standing by on speed dial
3. One full calendar day
4. A fully charged GPS, two fully charged cell phones
5. A full tank of gas
6. $55.00 or so ($10 for bridge tolls, about $5 for photocopies, and easily another $40 for parking)
7. A bag of snacks (I’m probably not going to have time for lunch)
8. Call ahead to all of the Boards to make sure I can do a walk through that day
9. The good will and cooperation of the Board staff and my colleagues

However, having done two walk through settlements in a single morning gives me hope.

1. Photo courtesy of robertrice
2. I told this dream to a co-worker yesterday and he laughed and called me a nerd.  Pssh – tell me something I don’t know, Steve.
3. Perhaps this might be easier in Southern California – there’s as many as seven Boards within about 15 or 20 miles of one another.