The Ogilvie mathematical proof has been available for several weeks for peer review. I’ve only received positive feedback. ((An anonymous source from the DWC actually called it “cool”!)) The above Ogilvie Adjustment Chart has been testing by myself and other workers’ compensation attorneys, but like everything else on this site is provided subject to all legal disclaimers.
I think we can dispense with the caption, just this once...
A defense attorney friend of mine called me up yesterday to say (I’m paraphrasing here), “You jackass. Thanks to your Ogilvie proof every Applicant’s attorney I know is calling me up, gloating, and asking for 18 points on top of the whole person impairment on every case! Why the hell did you do that???” ((Photo courtesy of giuliomarziale)) My first thought was of my favorite quote from Swingers. ((Just for you Ray!)) What I actually said was something along the lines of:
It’s not like CAAA wouldn’t have found out about Ogilvie if it wasn’t for Jay Shergill mentioning it in a blog post.
Nothing has changed except that now anyone can perform an Ogilvie adjustment calculation in their head. ((And save $129.99 in the process))
For the moment, let’s set aside the issue of whether California’s injured workers have gotten a raw deal since SB899. Suppose there’s an injured worker with a finger injury, stays on temporary disability for two years, and is immediately made permanent and stationary. If instead they get a 0% WPI, they get nothing. If they gets a 1% WPI, Ogilvie tells us this person gets a DFEC adjusted WPI of 19%.
Nearly every litigated case involves an extended period of temporary disability and a whole person impairment less than 45. ((Hell, a permanent irreversible coma is only a WPI of 80.)) Ogilvie effectively removes the first 18% permanent partial disability levels.
I really don’t think the WCAB intended this consequence. Don’t get upset with me – as long as Ogilvie is the law I might as well make Ogilvie calculations easy for you, right? ((Remember, just add 18 to the WPI!))
Broken calculators? Nothing a little duct tape won't fix...
Yesterday from about noon to 4pm the server which hosts this website (and many others) was down. This unfortunately lead to an interruption for which I apologize. ((Photo courtesy of mhuang)) During this time I was unable to send/receive emails and the website was unavailable.
The hosting company I use is very good. When there’s been downtime it normally occurs during non-peak hours and is very short in duration. This was an anomaly.
Anyhow, everything is back on line and open for business.
