Ogilvie: the finger pointing begins

I think we can dispense with the caption, just this once...

I think we can dispense with the caption, just this once...

A defense attorney friend of mine called me up yesterday to say (I’m paraphrasing here), “You jackass.  Thanks to your Ogilvie proof every Applicant’s attorney I know is calling me up, gloating, and asking for 18 points on top of the whole person impairment on every case!  Why the hell did you do that???”[1]   My first thought was of my favorite quote from Swingers.[2] What I actually said was something along the lines of:

For the moment, let’s set aside the issue of whether California’s injured workers have gotten a raw deal since SB899.  Suppose there’s an injured worker with a finger injury, stays on temporary disability for two years, and is immediately made permanent and stationary.  If instead they get a 0% WPI, they get nothing.  If they gets a 1% WPI, Ogilvie tells us this person gets a DFEC adjusted WPI of 19%.

Nearly every litigated case involves an extended period of temporary disability and a whole person impairment less than 45.[4Ogilvie effectively removes the first 18% permanent partial disability levels.

I really don’t think the WCAB intended this consequence.  Don’t get upset with me – as long as Ogilvie is the law I might as well make Ogilvie calculations easy for you, right?[5]

  1. Photo courtesy of giuliomarziale []
  2. Just for you Ray! []
  3. And save $129.99 in the process []
  4. Hell, a permanent irreversible coma is only a WPI of 80. []
  5. Remember, just add 18 to the WPI! []

Road Warrior Checklist – Car

Road Warrior

Road Warrior

As a workers’ compensation defense attorney I travel throughout Northern California for hearings and depositions.  To date I’ve been as far North as Ukiah and as far South as Fresno for cases.  I’ve compiled a list of the various things I’ve found come in handy when I’m on the road.

Always in the car:

  • Cup holder
    • Quarters
    • Hand sanitizer
    • Moist towelettes
    • Water bottle
    • Rubber bands
  • Glove compartment
    • 1/2 cup almonds in a sandwich bag
    • Tire gauge
    • Flashlight
  • Driver’s seat
    • Umbrella (underneath)
  • Front passenger seat
    • Roll of paper towels (underneath)
  • Trunk
    • Jumper cables
    • Two blankets
    • Rope
    • Second pair of shoes (comfortable shoes for driving, dress shoes for appearance)
    • Extra tie, extra socks

Am I missing anything?

Update: I added flashlight to the glove compartment.

Update: I added umbrella under the driver’s seat.

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