Category: Workers Compensation Resources

By Posted on Posted in Medical Treatment No Comments
Talk to your doctor about how you can save 15% or more on your reptile dysfunction medication
Talk to your doctor about how you can save 15% or more on your reptile dysfunction medication

A friend of mine is an Applicant’s attorney who uses dictation software with his work computer.  ((Photo courtesy of dmuphotography)) As you may know, dictation and voice recognition software is pretty good – but it is not always successful.  My friend, I’ll call him “Tom,” ((After all, that is his name…)) was sending an e-mail demand for medication to a defense attorney using his dictation software.  The software got the phrase wrong, but given that the result was extremely entertaining, he sent it anyway.

What was his demand, you may ask?

Medication for his client’s “reptile dysfunction.”  ((Other possible names for this post:

  • I got 99 problems, and a reptile ain’t one
  • Reptile problems
  • What do Bob Dole and the Geiko gekko have in common?))

By Posted on Posted in Medical Provider Network, PDRater No Comments Tagged with ,
Finally! An up date!
Look up! Dates!

A few weeks ago I e-mailed an Applicant attorney friend of mine ((I’ll call him “Z.”)) 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! ((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.))  Over the weekend I updated several aspects of the website.  ((Photo courtesy of Agent Smith))  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?

By Posted on Posted in Downloads, Ogilvie, Workers Compensation Resources No Comments Tagged with , , , , ,
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.  ((Photo courtesy of mpieracci))

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 id=”37″] and [download id=”39″].
  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 id=”47″] itself.
    2. Demonstrating impairments via [download id=”36″]-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 id=”46″] aka Ogilvie III right now!

By Posted on Posted in Almaraz / Guzman, Conference, Permanent Disability Rating Schedule, Permanent Partial Disability, Permanent Total Disability, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Boot Camp
Boot Camp

The Workers’ Compensation Specialization Boot Camp on July 16 and 17 in Los Angeles was a packed house.  ((Photo courtesy of jumpinjimmyjava))  If you missed out, there’s another chance to attend on July 30 and 31 in Concord.

If you did attend the seminar in Los Angeles, I promised you a copy of all of the cases cited during the presentation on Permanent Disability.  Here’s the basic outline along with a download link for every case I cited:

  1. Permanent Disability
    1. Cal. Labor Code. Section 4660
    2. LeBoeuf v. Workers’ Comp. Appeals Bd.
    3. Costa v. Hardy
    4. Almaraz/Guzman “II”
    5. Guzman “III”
    6. Ogilvie “II”
    7. (Updated 7/29/2011!) [download id=”46″]
      1. Read a summary of Ogilvie III here!
    8. Argonaut Ins. v. Ind. Acc. Comm (Montana)
  2. Psychiatric Injuries
    1. Cal. Labor Code Section 3208.3
    2. Dept. of Corrections v. Workers’ Comp. Appeals Bd. (Garcia)
  3. Apportionment
    1. Cal. Labor Code Section 4662
    2. Cal. Labor Code Section 4663
    3. Cal. Labor Code Section 4664
    4. Cal. Labor Code Section 3213 – 3213.2
    5. Escobedo v. Marshall’s
    6. Benson v. Workers’ Comp. Appeals Bd.
    7. Brodie / Welcher
  4. Rating
    1. Blackledge v. Bank of America
    2. Policy & Procedures Manual of the WCAB
  5. (Updated 7/18/2011!) Flash Card Take Away
    1. Please register for a free account with PDRater.com to download this file.
    2. Seriously – free as in free.  There’s no charge, no credit card anything.

  1. Permanent Disability

    1. Cal Labor Code § 4660

    1. Description of disability

    1. 1997 Permanent Disability Rating Schedule

      1. Rebutting the 1997 Permanent Disability Rating Schedule

      1. LeBeouf

    1. 2005 Permanent Disability Rating Schedule

      1. Permanent Impairment

      1. Rebutting the 2005 Permanent Disability Rating Schedule

      1. Costa/Harding

      1. Almaraz/Guzman II

      1. Guzman “III”

      1. Ogilvie II

By Posted on Posted in Workers Compensation Resources No Comments Tagged with , , , , , ,
Math: The best kind of witness
Math: The best kind of witness

Yesterday the U.S. Supreme Court heard oral argument on a 10 year old sexual discrimination law suit brought against Wal-Mart. ((Photo courtesy of colodio))  I was listening to a summary of the oral argument yesterday when I heard this:

Scalia added that if statistical models can replace witnesses and evidence, “we must have a pretty bad judicial system.”

I was driving at the time just about lost it.  Replacing witnesses and evidence with statistical models?  Oh, Judge Scalia, you’ve clearly never practiced in Workers’ Compensation…