Aug
10
2009
0

Have you taken the EAMS Survey?

EAMS: Your filing is not just rejected, its terminated

It is strongly encouraged you take the EAMS survey

The Division of Workers’ Compensation has posted a link to an EAMS survey.  I noticed a lot of fliers around the Oakland District office of the Workers’ Compensation Appeals Board for this survey in the last few weeks.

Having taken the survey, I’m not optimistic its going to do anyone any good.  My problem with the survey is the inherent question bias.

Several of the survey questions deal with the availability and efficacy of EAMS training resources.  Take it from someone who actually designs software user interfaces – if people don’t like the user interface or the way your software works, they will either not use it or try to find ways around it.  The only viable solution is to design a system that doesn’t need a lot of training and explanation.

This is really shows the engineering perspective on the problem.  Once engineers have designed the system, its up to the user to read the manual and figure it all out.  The problem is not sufficient education, training, and understanding.  People are not suddenly going toembrace EAMS because now they understand how it works.

While its more work to comb through open ended responses from users, at least those answers will be more representative of their opinions.  Take the final question, for example:  “Please identify the top 3 improvements that you would like to see in EAMS . Please choose three and rank them in order of priority.”  Your only choices are:

  • Completing the OCR forms (formatting issues)
  • Completing the OCR forms (ambiguity re: required information)
  • Completing the OCR forms (technical issues)
  • Document processing times at the WCAB offices
  • WCAB clerks’ lack of knowledge regarding EAMS
  • Availability of EAMS information and documents when appearing at the WCAB for hearings.
  • Procedural inconsistencies amongst WCAB offices
  • Too much paper
  • Too few forms available online
  • Cover sheet / Separator Sheet
  • Limited availability of EAMS Access for external users
  • Limited amount of information available on public search
  • Assistance with EAMS forms from DWC call center
  • Other

This can’t possibly be an exhaustive list of user concerns with EAMS.  What other EAMS related issues do you perceive?

May
21
2009
1

Ideas for Workers’ Compensation TV Shows

Chuck Season 3

Chuck Season 3

The NBC show Chuck is about a nerd turned hero.  I found out yesterday that it was renewed for a third season.  This got me thinking – why not a dramedy about a devilishly handsome workers’ compensation defense attorney?  Here are a few ideas:

  • “Readiness to Proceed” – a wacky romantic comedy about two attorneys afraid to “compromise and release”
  • “CA-PD New (Schedule)”
  • EAMS: Rise of the Machines” – Jay Shergill fights against a cyborg-govenor and travels back in time to stop the DWC from adopting EAMS
  • Stip and Order

NO!  Even better:  “Stockton Legal”[1]

  1. Denny Crane! []
Mar
18
2009
1

EAMS: Rise of the Machines

Your request for hearing has been DENIED

Request for hearing DENIED

Tuesday I tried to submit settlement documents for a walk-through in Oakland. [1] I had prepared the document cover sheet, minutes of hearing, and had everything ready to go.  As per procedure, I left the packet with the court clerk and came back about half an hour later.

When I returned the settlement documents were still on the counter, but without any indication of which judge I would be seeking approval from.  I was told that the documents had already been signed by the day’s walk-through judge.

That’s when the fun started.

The computer told the clerk that the original documents in front of us had the judge’s signature and that the judge had the file.  The documents clearly did not have the judge’s signature.  However, since EAMS believed the documents were already approved, it felt (?) I  shouldn’t be given the opportunity to walk the documents through.  Even more interestingly, the EAMS was telling us that the documents had been approved that very afternoon.

Since I had stamped the documents in, the clerk did not want to return them to me so that I could ask the judge if he had signed the settlement.  Mind you, the judge would have had to sign the documents (in invisible ink) in the half hour between the time I dropped off the documents and came back to pick them up.  Eventually I was allowed to take the documents with me to ask the judge if he had signed them.

Once before the walk-through judge, I explained that I had no board file because EAMS believed he already had the file and had approved the documents I was handing him.  Puzzled, the judge went to investigate whether he had approved the documents that did not have his signature.  He returned a few minutes later saying that he did not have the file, he did not recall signing the documents, and that he did not recall signing any documents for myself or the Applicant’s attorney involved.  EAMS was adamant that he had signed those documents.

Thankfully everyone in the hearing room was good-natured about the entire thing.  The funniest part about the entire situation is that the court clerk, myself, and the judge were made to doubt our own recollection, the documentary evidence in front of us, and sanity because EAMS said so.

If you haven’t seen this already, you should really see this incredibly funny EAMS video.

  1. Photo courtesy of racatumba. []
Mar
04
2009
1

Dave v. EAMS

A few months ago someone e-mailed me this video clip about an attorney struggling with EAMS.  My thanks go out to Matthew Brueckner of the Law Office of Matthew Brueckner for putting this together.

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