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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. [1] 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!

1. Photo courtesy of funkandjazz [↩]

The Board is back!

Need a FREE sample Ogilvie analysis brief complete with citations?

The Workers’ Compensation Appeals Board is back with their en banc decisions on Ogilvie and Almaraz/Guzman after reconsideration. [1]  Download the Ogilvie/Almaraz/Guzman decisions all in one place:

• Ogilvie v. WCAB I (en banc) 2/3/2009
• Ogilvie v. WCAB II (en banc) 9/3/2009

• Almaraz/Guzman I (en banc) 2/3/2009
• Almaraz/Guzman II (en banc) 9/3/2009

Each of these four is about 50 pages.  Read them carefully, there will be a test later.

1. Photo courtesy of arturodonate [↩]

Need more time to think about Ogilvie, Almaraz/Guzman?

Sometimes even the WCAB needs more time to think.[1]

On March 26, 2009, the director of the Department of Industrial Relations, John C. Duncan, issued a letter to the entire Workers’ Compensation Appeals Board asking them to vacate their own decisions and solicit argument and amicus briefs.  Here’s a copy, courtesy of WCExec.com, the Letter from Director of DIR to WCAB re: Ogilvie and Almaraz/Guzman (3/26/2009).

On Monday April 6, 2009 the WCAB issued three Orders Granting Reconsideration and Order Allowing Amicus Briefs (en banc) in Ogilvie and Almaraz/Guzman.  For your review:

• Order Granting Reconsideration and Order Allowing Amicus Briefs on Wanda Ogilvie v. City and County of San Francisco, ADJ1177048, SFO 0487779, (en banc) (4/6/2009)
• Order Granting Reconsideration and Order Allowing Amicus Briefs on Mario Almaraz v. Environmental Recovery Services (a.k.a. ENVIROSERVE) and State Compensation Insurance Fund, ADJ1078163, BAK 0145426 (en banc) (4/6/2009) and Joyce Guzman v. Milpitas Unified School District and Keenan & Associates, ADJ3341185, SJO 0254688 (en banc) (4/6/2009)

What does the Order Granting Reconsideration of Ogilvie and Almaraz/Guzman mean for you?

1. Ogilvie and Almaraz/Guzman are still the law.  Despite Commissioner Aghazarian’s two concurring opinions, the WCAB did not issue a stay of either Ogilvie or Almaraz/Guzman.
2. The WCAB has granted SCIF’s petition for reconsideration in Almaraz, granting reconsideration on their own motion in Guzman, and the parties’ petitions for reconsideration in Ogilvie.  They have granted reconsideration on these cases to, “afford us a sufficient opporutnity to study the issues.”[2]
3. Any interested party may file an amicus brief no later than May 1, 2009 at 5pm.

1. Photo courtesy of radiospike photography [↩]
2. Hence, the “The Thinker” reference above… [↩]

AMA Guides 5th Ed.

Clearly, Almaraz/Guzman has been a boon to the U.S. Postal Service.  I’ve been receiving Almaraz/Guzman letters from Applicant attorneys on my files ever since the en banc decision came out.  These letters typically fall into one of three categories:

1. Increased demands for settlement
2. Demands for additional discovery per Almaraz/Guzman
3. Letters to the PQME/AME requesting their opinions on impairment outside the AMA Guidelines to the Evaluation of Permanent Impairment, Fifth Edition

I’ve also heard of some doctors completely abandoning the AMA Guidelines to the Evaluation of Permanent Impairment, Fifth Edition, in favor of just analogizing impairment.  This is not what was intended by the en banc panel in WCAB in Almaraz/Guzman.

Here’s what Almaraz/Guzman means for workers’ compensation practitioners:

• It doesn’t mean you ignore the AMA Guidelines 5th Edition
• It doesn’t mean you ignore the 2005 Permanent Disability Rating Schedule
• You don’t apply the 1997 Permanent Disability Rating Schedule
• The evaluator may analogize impairments not addressed by the AMA Guides
• Before a doctor may analogize impairments, they must first assign impairment under the AMA Guides

So, remember:

1. Whether you agree with the AMA Guides or the 2005 PDRS they’re still the law of the land and must be addressed.
2. Whether you agree with Almaraz/Guzman, it’s still good law and must be addressed.
3. Almaraz/Guzman does not absolve a doctor from the responsibility to generate a medical report which addresses the AMA Guides and constitutes substantial medical evidence.

Indy 500

Wow!  500 registered users!

Last month I mentioned that this website had a record number of new visitors.  I honestly thought that was an anomalous one day spike in traffic.  Instead we’ve had a sustained increase in new visitors and people signing up to use the workers’ compensation calculators for free.

Since February 13, 2009[1] I’ve enjoyed posting about:

• New Important Workers’ Compensation Cases
  • XYZZXSJO2 v. SIF
  • Benson v. WCAB affirmed
  • Ogilvie v. WCAB (en banc)
  • Almaraz/Guzman v. WCAB (en banc)
• Two New Calculators
  • Ogilvie DFEC Rebuttal Calculator
  • XYZZXSJO2 Future Life Pension Rate with COLA/SAWW Increases[2]
• Online Glasses – Reviewed!
  • Goggles4U.com Review Part I, Goggles4U.com Review Part II, and Goggles4U coupon: “glassyeyes“
  • GlobalEyeglasses.com Review and GlobalEyeglasses.com coupon: “glassyeyes“
  • How to Order Glasses Online
  • Pupillary Distance Matters
• PDRater.com Milestones:
  • 400 registered users!
  • 300 registered users!
  • 200 registered users!
  • 100 registered users!
  • PDRater.com is one year old!
  • Relaunch of PDRater.com!

Ever since I relaunched this website I’ve had this idea in the back of my mind that getting to 500 users would be a big deal.  There are literally hundreds of workers’ compensation professionals who rely on this website and its calculators to make their lives a little easier.  This certainly feels like a big deal to me.

1. When the 400th user registered. [↩]
2. I am keeping this calculator in beta testing until I get a little more feedback.  If you want to try it out, just drop me a line! [↩]