Free pass
Free pass

Yesterday I had an appearance in San Jose and then another up in San Rafael.  From San Jose I drove up through San Francisco, northbound over the Golden Gate Bridge, to my appearance, then back over to Contra Costa County via the Richmond Bridge. ((Photo courtesy of worldsurfer))

Wait for it…

The Golden Gate is only toll southbound and the Richmond is only toll westbound.  I traveled over two bridges and didn’t pay a single toll!

Also not a valid permanent disability rating schedule for 2009
Also not a valid permanent disability rating schedule for 2009

I’ve been getting a lot of questions about the Draft 2009 Permanent Disability Rating Schedule.  There is no 2009 Permanent Disability Rating Schedule.  ((Photo courtesy of wenzday01))

Yes, yes, I know we’re supposed to have a new schedule per 8 CCR 9805, but the proposed draft 2009 PDRS was never approved.

Overall, the draft 2009 Permanent Disability Schedule doesn’t change much from the existing 2005 schedule.  The biggest change is in the application of the FEC rank adjustment.  Instead of increasing permanent disability between 10% and 40%, the proposed FEC rank system would increase permanent disability between 20% and 50%.  Additionally, the proposal suggested juggling the various ranks among the body regions.  If you’re curious about the exact proposed changes, the DWC Newsline gave a really great overview back on May 9, 2008.

Here’s the take-away:

WCAB gives Ogilvie the green light
WCAB gives Ogilvie the green light

Apparently the defense attorney on Bowden v Sunray Termite wrote ex parte to the WCAB requesting the case be declared a significant panel decision.  ((Photo courtesy of adamwilson))

Commissioner Miller’s letter (download below) notes Bowden was a “purely fact driven case” and “is not to be a statement of legal importance to the community.”  Commissioner Miller further points out Significant Panel decisions are citable panel decisions but not binding legal precedent.  ((Even if the defense attorney’s request had been granted Ogilvie, as an en banc decision, would still take precedence over Bowden.))

[download id=”28″]

What does this mean to you?

Ogilvie has not been stayed, so sharpen your #2 pencils and work on your math skills.

This sign is ALSO not a stay on Ogilvie
This sign is ALSO not a stay on Ogilvie

I’m still getting e-mails suggesting that Bowden v. Sunray Termite is a WCAB Panel decision staying Ogilvie.  ((Photo courtesy of loop_oh))  Thanks to some loyal readers, I now have a copy of this Panel decision:

[download id=”27″]