Author: Jay Shergill

Workers' Compensation Defense Attorney Certified Specialist Workers Compensation Law California State Bar Board of Legal Specialization Managing Partner of Purinton, Jimenez, Labo & Wu, LLP

By Posted on Posted in Case Law, COLA, Life Pension, Permanent Total Disability, SAWW, Workers Compensation Resources No Comments Tagged with , , , , , , , ,
Putting some teeth in the SAWW
Putting some teeth in the SAWW

We’ve all seen charts with the State Average Weekly Wage (“SAWW”) increases printed on them. ((Photo courtesy of Aeioux)) But, how useful are these when you’re dealing with an opposing counsel who won’t accept your chart or calculations based on that chart?

It sure would be nice to have all the SAWW information from the Division of Workers’ Compensation all in once place.  Well, it just so happens I’ve already done this for you.

Here is a copy of every DWC Newsline from 2003 through 2009 with information on every SAWW increase from 2004 through 2010, all ready to go in one handy-dandy PDF.

[download id=”26″]

Share and enjoy!

More on Duncan v. WCAB, COLA’s, and SAWW increases tomorrow!

(Don’t forget to download a copy of Duncan v. WCAB here!)

By Posted on Posted in Case Law, COLA, Life Pension, Permanent Total Disability, SAWW, Workers Compensation Resources No Comments Tagged with , , , , , , , ,
Mini version of Duncan v. WCAB
Mini version of Duncan v. WCAB

In the spirit of my recent post summing up Ogilvie II and Almaraz/Guzman II in just three sentences each, I bring you a summary of the recent Duncan v. WCAB decision in just one sentence: ((Photo courtesy of MarkAllanson))

The COLAs found in section 4659, subdivision (c) should be applied to life pensions or total permanent disability compensation as from January 1, 2004. ((Duncan v. WCAB, page 18.))

Yes, that’s really it.  The Duncan decision consists mostly of background and discussion.  The actual decision is basically that one line above.

Come back tomorrow for more information about SAWW increases, COLA calculations, and more!

(Don’t forget to download a copy of Duncan v. WCAB here!)

By Posted on Posted in 2005 PDRS, AMA Guides, Case Law, Ogilvie, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with , , , , , , , , , ,
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes

An Ogilvie / DFEC analysis isn’t really difficult, especially when this website has a free Ogilvie / DFEC calculator. ((Photo courtesy of indigotimbre)) The problem comes when you have to prove all the math behind those calculations.  This involves “showing your work.”

The best way to “show your work” is to take the reader through each step of the Ogilvie analysis.  I’ve prepared a sample report (generated using a new service on this website) which provides a clear and easy to understand format for “showing your work.”

The steps are basically this:

  • Step 0:  2005 PDRS rating string
  • Step 1: Post-Injury Earnings of Applicant
  • Step 2: Post-Injury Earnings of Similarly Situated Employees
  • Step 3: Calculate Proportional Earnings Loss
  • Step 4: Calculate Individualized Rating to Loss Ratio
  • Step 5: Compare Individualized Rating to Loss Ratio to range of ratios for the FEC ranks

For those interested, here’s a more detailed explanation of each step in an Ogilvie / DFEC analysis.

When each step of the Ogilvie / DFEC analysis is stated clearly, the reader can see every assumption, step, and perform their own calculations to verify your conclusions.  As long as the parties agree on the numbers used in an Ogilvie / DFEC calculation, they should always arrive at the same result.

Setting forth every single step of your Ogilvie / DFEC analysis lets you to spend less time arguing about the impact of Ogilvie and more time trying to get the case settled.

By Posted on Posted in Calculators, DFEC Rebuttal, Ogilvie, PDRater, Workers Compensation Resources No Comments Tagged with , , , , ,
An early Christmas for PDRater users!
An early Christmas for PDRater users!

I plan to launch a brand new calculator service tomorrow. ((Photo courtesy of The School House))

I think you’re really really going to like it.

Want a hint?

It’s going to help you with a case that rhymes with “Schmogilvie.”

By Posted on Posted in Blogging No Comments Tagged with , , ,
Twas the night before Christmas... and the check still had not arrived...
T'was the night before Christmas... and the check still had not arrived.

I was waiting on two attorneys walking through a settlement last week while at the Oakland Board.  Applicant’s counsel had added some unusual language.  ((Photo courtesy of Joriel “Joz” Jimenez)) The Judge read it aloud to the hearing room:

Defendants shall make payment before Christmas.

Oh, and… the Applicant was Jewish.  :)