Category: Workers Compensation Resources

By Posted on Posted in Almaraz / Guzman, Author, Ogilvie, Workers Compensation Resources No Comments Tagged with , , , , , , ,
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.  ((Lively as in “barely civil”)) ((I’m kidding!))

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)

By Posted on Posted in Almaraz / Guzman, Author, PDRater No Comments Tagged with , , , , ,
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. ((Photo courtesy of Little Miss no Name.  Photo editing – all me!)) 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.

By Posted on Posted in Almaraz / Guzman, Workers Compensation Resources No Comments Tagged with , , ,
The end for Milpitas USD?
The end for Milpitas USD?

Update: Download Milpitas United School District v. WCAB and Guzman, 6th Appellate District Court H034853, ADJ3341185, SJO0254688!

Looks like Milpitas Unified School District v. WCAB and Guzman is here to stay.  ((Photo courtesy of funkandjazz)) The 6th Appellate Court has just affirmed the WCAB’s decision in full.

Where does this leave us?  Well, under “Almaraz/Guzman II” we need to get a “strict AMA” and either side can obtain an “Almaraz/Guzman II” opinion from the doctors based upon rebuttal evidence, with the Judge being the final arbiter.

What else does this mean?  I’m probably going to break my personal record for the most doctor depositions in a single month.

Click here for more in depth coverage of Guzman!

By Posted on Posted in 2005 PDRS, Ogilvie, PDRater, Permanent Disability Rating Schedule, Workers Compensation Resources No Comments Tagged with , , , , ,

This afternoon I am presenting at the Workers’ Compensation Section Spring Conference 2010 with a presentation entitled, “Calculating Ogilvie.”  Due to cases relevant to Ogilvie coming out as recently as ten days ago, I’m making the resources mentioned here for everyone to download (along with a rough outline of the presentation).

  1. Ogilvie Formula
    1. Ogilvie formula (longhand)
      1. Each of the steps in the Ogilvie formula explained
    2. Ogilvie formula (shorthand)
      1. Mathematical proof demonstrating a simplified Ogilvie formula
      2. Download the simplified Ogilvie mathematical proof as a PDF here
    3. Ogilvie formula (oversimplified)
      1. Learn how to perform an Ogilvie calculation in your head in 5 minutes (PDF download)
    4. Ogilvie formula (18 point rule)
      1. Read the Ogilvie “18 point rule”
      2. Download the Ogilvie “18 point rule” as a handy PDF
  2. Ogilvie Case Law
    1. Ogilvie v. WCAB I (en banc) 2/3/2009
    2. Ogilvie v. WCAB II (en banc) 9/3/2009
    3. Bowden v. Sunray Termite San Jose WCAB Panel Decision ADJ4536632
    4. Shini v. Pacific Coast Auto Body & Truck San Diego WCAB Panel Decision ADJ2079252 (1/25/2010)
    5. Ochoa v. UPS Ground Freight Order Denying and Report and Recommendation on Reconsideration ADJ1758338 (2/8/2010)
    6. Bertha Noriega Garcia v. Patrick L. Hinrichsen WCAB Panel Decision ADJ6721939 (3/1/2010)
  3. Litigating Ogilvie
    1. Argonaut Ins. Co. v. Ind. Acc. Com. (Montana) (1962) 57 Cal.2d 589
  4. Applicant Attorney Ogilvie Handbook
  5. Defense Attorney Ogilvie Handbook
  6. Appendix
    1. EDD Labor Market Information Division
    2. Cal. Labor Code § 4651 “Average annual earnings shall be taken as fifty-two times the average weekly earnings referred to in this chapter.”

Sample Ogilvie DFEC analysis brief, complete with citations, explanations, and exhibits