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I was amused to learn of a not so amusing medical condition called “Ogilvie’s Syndrome,” the acute pseudoobstruction and dilation of the colon in the absence of any mechanical obstruction in severely ill patients. Is this happening to the workers’ compensation patient?

What leads to my inquiry is the news that the attorney who had been representing defendant City and County of San Francisco, Peter Scherr, joined the firm of Wanda Ogilvie’s attorney, Joseph Waxman.

The City objected that their former employee was now in practice with Ogilvie’s attorney and asked for a delay in oral arguments while the replacement attorney came up to speed and while the City decided whether to seek removal of Waxman as Ogilvie’s attorney.

On Mr. Waxman’s advice, Ms. Ogilvie signed a Substitution of Attorneys, and Mark Gearheart, of Law Offices of Gearheart and Otis, took over representation.

getMedLegal Magazine previously published a number of articles on Ogilvie:

Ogilvie Tips by Michael C. Grimes, Esq.
Ogilvie Trial Brief: Warren Schneider, Esq.
Ogilvie and the Vocational Expert by Bob

We are adding the following new articles on dealing with the vocational expert:

Sample Questions for Ogilvie Expert By
Warren Schneider, Esq.

California Chapter of the International Association of Rehabilitation Professionals White Paper

IARP/DFEC White Paper

Recall that the case known as “Ogilvie II” has been on the First District Court of Appeal’s docket since 10/15/2009, when the City & County of San Francisco filed a petition for writ of review and application for stay.

For the official case summary, click here

Numerous briefs were filed, and oral arguments were finally scheduled for April 13, 2011. But Scherr’s joining Waxman’s firm caused the hearings to be rescheduled to 6/22/2011.
For a summary of who filed briefs, click here
Whatever the District Court of Appeal decides, it is likely to be appealed to the Supreme Court of California. It is disquieting not to know how to evaluate many of our cases, not to be able to give advice with confidence, or reserve with confidence. Both sides face a long and uncertain future of wondering what to do about FEC under the 2005 rating schedule. As the saying goes, “Hope for the best but prepare for the worst.”’