If you did attend the seminar in Los Angeles, I promised you a copy of all of the cases cited during the presentation on Permanent Disability. Here’s the basic outline along with a download link for every case I cited:
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. 12
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)
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.
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
Any interested party may file an amicus brief no later than May 1, 2009 at 5pm.