Is Ogilvie II worse for Defendants than Ogilvie I?

You may not want to hear this, but Ogilvie II is probably worse for Defendants than Ogilvie I.   ((Photo courtesy of Lawrence Whittmore))  Check out page 32:

if within five years of the date of injury it later becomes clear that the employee’s individualized proportional earnings loss is significantly higher or lower than anticipated, a party may seek to reopen the issue of permanent disability by challenging the originally used DFEC adjustment factor.

I think we can expect to see a petition to reopen on any case that settled prior to 2/3/2009.  ((February 3, 2009 is the day Ogilvie I came out.))