Dec
05
2011
0

Lots of updates!

Finally!  An up date!

Look up! Dates!

A few weeks ago I e-mailed an Applicant attorney friend of mine[1] and got back a one word response.  I jokingly chided him for being so chatty.  His response was thus:

No new blog = minimal response

Well, for Z and everyone else out there, here’s a new blog post![2]  Over the weekend I updated several aspects of the website. [3]  Here’s a short summary:

  1. Updated MPN / Medical Provider Lists.  I’ve added a lot more MPN names, links, and passwords.  If you have some new ones, please send them over.  I’ve also improved the link structure to help prevent broken links.
  2. Updated workers’ compensation calculators.  I’ve added a few small features that should make the calculators work a little better.
  3. Improved site speed.  I’ve added a little extra website-internet-magic-mojo that should improve the entire site’s performance.
  4. Something new!  I’m working on a brand new calculator.  If you like playing with calculators, kicking-tires, and dishing out criticism, drop me a line and ask to be a beta tester.
  5. Finally, if you see any weirdness over the next few days, please drop me a line and let me know so I can take care of it!

But, enough about me!  How are you?

  1. I’ll call him “Z.” []
  2. There are two kinds of blog posts I really hate to read.  Blog posts that apologize for infrequent posting and blog posts that talk about the frequency of blog posts. []
  3. Photo courtesy of Agent Smith []
Written by Jay Shergill in: Medical Provider Network,PDRater | Tags: , ,
Jul
29
2011
0

Reversed! Ogilvie v. City and County of San Francisco

It's been a wild ride

It's been a wild ride

Just over a month after oral argument the Court of Appeal has issued their ruling, reversing the en banc decisions of the Workers’ Compensation Appeals Board, annulled the award of permanent disability to Ms. Ogilvie, and remanding the case for further proceedings. [1]

So, what does this new Ogilvie decision mean for us?

  1. The calculations from the en banc decisions of Ogilvie I/II are no longer valid.
  2. An injured worker can still rebut a scheduled rating in accordance with [Download not found] and [Download not found].
  3. An injured worker may rebut a scheduled rating in one of three ways:
    1. Demonstrating “a factual error in the application of a formula or the preparation of the schedule.”  (Ogilvie III, p10-11).  Given the examples provided, probably references proving a defect in the [Download not found] itself.
    2. Demonstrating impairments via [Download not found]-style analysis that “the employee will have a greater loss of future earnings than reflected in a rating because, due to the industrial injury, the employee is not amenable to rehabilitation.”  (Ogilvie III, p12).  However, the increased disability must not be “due to nonindustrial factors such as general economic conditions, illiteracy, proficiency to speak English, or an employee’s lack of education.”
    3. Demonstrating “the claimant’s disability has been aggravated by complications not considered within the sampling used to compute the adjustment factor.”  (Ogilvie III, p13).  This appears to be a two-step process of having to prove a complex injury and then proving that the sample for the adjustment factor didn’t account for such injuries or complications.

Download [Download not found] aka Ogilvie III right now!

  1. Photo courtesy of mpieracci []
Sep
24
2010
0

Annual Meeting of The State Bar of California – Monterey

What has two thumbs and loves to hear itself talk?  THIS GUY!!!

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! []
Aug
27
2010
0

Personal Record: Doctor Depositions!

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

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! []
Jun
30
2010
0

Home again, Home again, Jiggity Jig

Back in Sac!

Back in Sac!

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

Written by Jay Shergill in: Author,Road Warrior |

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