A modern hacker #1
A modern hacker #1

I launched the Ogilvie DFEC Rebuttal Calculator on Saturday morning to a select group of beta-testers. 1 When I upgraded a person’s access to the website they had no problem seeing the workers’ compensation calculator.

Unfortunately, not one of them was able to actually use the thing.  Last night my wife suggests the problem might be, “maybe they are using a different version or its not refreshed or something”?

And you know what?  She was right.  My wife, the hacker.2

I’ve written several protections into these calculators to insulate my users from having to deal with problems or bugs from newly installed code.  I would much rather a user sees nothing than get a wrong answer.  And nothing is exactly what my users saw.  I had remembered to allow my beta testers to see the Ogilvie DFEC Rebuttal Calculator – but forgot to give them access to calculator.

So, the beta-test period will continue for another day or two while I await feedback from my users.

If you’d like to see what the Ogilvie DFEC Rebuttal Calculator looks like or want to try to use it, just sign up for free and shoot me an e-mail asking for access.

  1. By “select group” I mean anyone who asked me if they could help. []
  2. Photo courtesy of gutter. []

How to build a calculator: Its like smashing a calculator - only in reverse
How to build a calculator: It's like smashing a calculator - only in reverse

I’m going to delay the launch of the Ogilvie DFEC rebuttal calculator for a day or two. 1  I believe it works just fine, but I would like to test it a little more.  This said, I will grant anyone who is interested access to this calculator.

Why the delay?  Well…

The interesting thing about taking apart a set of calculations is that you find all sorts of “hidden steps” to the calculation.  The majority in Ogilvie does a respectible job of going through the steps of this new formula and even gives several examples.

When performing most calculations one will need to round numbers at some point.  However, rounding almost invariably takes place at the very end.  In the case of the Ogilvie calculations, it appears that the WCAB rounds various figures throughout the calculation.

Even though the DFEC rebuttal calculator was giving correct answers, the fourth or fifth decimal places on some intermediary figures occasionally did not coming out right.  It took me a little while to track down all the spots where the WCAB was implicitly rounding their figures (and to what decimal place!).

I am fairly confident the calculator will work without a hitch, but I’m going to test it a little more before I make it available to the public.  If you’re interested in testing this Ogilvie DFEC rebuttal calculator, please drop me a line and let me know.

If you’re not a registered user for this website, its free to sign up and free to use all the workers’ compensation calculators.  Seriously, free as in free!

  1. Photo courtesy of mhuang []

Professor, tell me more of this DFEC rebuttal calculator...
Professor, tell me more of this DFEC rebuttal calculator...

Earlier today I installed an Ogilvie v. City and County of SF DFEC Rebuttal calculator into the free workers’ compensation calculators page on this website. 123 For the moment it is only available to people who have signed up for this website and asked to be a beta tester.  If all goes well, I’ll flip a switch and make it available to the public on Monday morning.

At the moment it requires four pieces of information:

  1. FEC Rank (re: body part in question)
  2. Standard disability (re: body part in question)
  3. Post-injury earnings for Applicant
  4. Post-injury earnings for employees similarly situated to Applicant

Once you add in that information, click “Calculate” and it should crunch through the formula and give you a response.  The WCAB in Ogilvie suggested several possible outcomes to this formula:

  • The “Individualized Loss Ratio” for the injured worker is the same or within the range for the current FEC Rank for the affected body part.  In this circumstance, the 2005 DFEC has not been rebutted.
  • The “Individualized Loss Ratio” for the injured worker is within the range of one of the other seven FEC Ranks.  Here, the DFEC portion of the 2005 Permanent Disability Rating Schedule might be rebutted.
  • The “Individualized Loss Ratio” for the injured worker is outside the range of all eight FEC Ranks.  In this circumstance, you could end up with a new FEC Adjustment Factor much higher or lower than any FEC Adjustment Factor associated with the eight FEC Ranks.  Here, the DFEC portion of the 2005 Permanent Disability Rating Schedule might be rebutted.

Obviously, there are innumerable factors that go into considerations of whether a Judge (or the WCAB) would find the DFEC portion of the 2005 Permanent Disability Rating Schedule to be rebutted.  This calculation and the information relied upon in performing this calculation cannot be taken as a guarranteed method of rebutting the DFEC portion of the 2005 Permanent Disability Rating Schedule.

If you’re not a registered user for this website, its free to sign up and free to use all the workers’ compensation calculators.  That’s right: free as in free.

  1. Photo courtesy of Draggin []
  2. I had this EXACT same calculator as a kid! []
  3. Why, how did you spend your Friday night? []

Need help with a workers compensation calculator?
Need help with a workers' compensation calculator?

I put out the call for help testing my Ogilvie DFEC rebuttal calculator and got a bite! 1 I wrote it two days ago and refined it a little bit last night.2

If anyone else is interested in helping test this Ogilvie DFEC rebuttal calculator, please drop me a line and let me know.

The ideal tester is someone who:

  1. Has read Ogilvie and understands how to do the Ogilvie DFEC rebuttal calculations
  2. Is willing to use the Ogilvie DFEC rebuttal calculator this weekend
  3. Is willing to e-mail me with feedback this weekend so I can launch it on Monday to the public

If you’re not a registered user for this website, its free to sign up and free to use all the workers’ compensation calculators.

You heard me, free as in free.

  1. Photo courtesy of Joy of the Mundane. []
  2. Because I’m a total workers’ compensation nerd. []

Whats the WCAB doing NOW???
What's the WCAB doing NOW???

UPDATE 9/3/2009:  Download the new en banc Ogilvie II and Almaraz/Guzman II decisions here!

Need a FREE sample Ogilvie analysis brief complete with citations?

Some crazy stuff has happened in the last two days.  1 Two big en banc decisions were just handed down from the WCAB. Here they are, hot off the presses and ready for downloading:

Of the two cases, I enjoyed Ogilvie v. City and County of San Francisco much more.  This case describes to what extent the 2005 Permanent Disability Rating Schedule may be rebutted2 and how one might go about doing this.

Pages 22 through 32 are basically nothing but math. 3  These pages detail the information and methodology necessary to rebut the DFEC portion of the 2005 Schedule.

Last night I wrote a prototype calculator which will allow you to determine whether you may or may not be able to rebut the DFEC portion of the 2005 Permanent Disability Rating Schedule.  This calculator would only perform the DFEC rebuttal calculations suggested in the majority opinion, since this is now the law of the land.  My plan is to test it this weekend and launch it Monday.

However, if anyone is interested in helping me test it, I would appreciate the help.  Just drop me a line and I’ll give you the link as soon as its ready.

In the meantime, if you want to crunch the numbers yourself (or follow along with the WCAB in Ogilvie), you will probably find Table A and Table B page 1-7 of the 2005 PDRS to be very helpful.

FYI, there are a lot of “footnotes” in Ogilvie that reference various online documents or websites.  I’ve downloaded a copy or provided a screenshot of each of these pages for your reference:

  1. Photo courtesy of Kyle Kesselring []
  2. Basically just the DFEC portion. []
  3. Yay! []

Multiple Disabilities Table
Multiple Disabilities Table, easy, no?

Right after “workers’ compensation calculator” and “permanent disability calculator,” the top search term for people coming to this website is “multiple disabilities table.”

If you want to combine multiple disabilities for injuries before 2005,1 you can:

  1. After 2005, you may need to use the Combined Values Chart from the 2005 PDRS. []
  2. FYI: The multiple disabilities chart in the rating schedules gives you disability increments of 5% points. []
  3. The chart on the right is from the 1988 PDRS []

Wordpress Upgrade
Wordpress Upgrade

I upgraded the website to WordPress 2.7 RC 1 over the weekend.

I generally do not bother installing the updates between the major upgrades.  My major concern in upgrading is eliminating possible security issues and obtaining additional program features.  I maintain a totally separate website from PDRater.com, also running on WordPress, where I install the very latest versions of WordPress and try out new variations on the look-and-feel of this website, new calculators, and new ideas about how best to present the current calculators.

Very late Wednesday night I upgraded this website to WordPress v2.7.  I’m not sure I fully appreciate how much better it might be than the various release candidates.

Thursday morning I discovered an unintended effect of upgrading is that it “broke” one of my plugins.   (Reza: Thanks for pointing it out!)  I had modified an existing plugin, EasyPayPal, to allow this website to accept credit card payments.  WordPress v2.7 changed the user profiles area of the website – and made it so that instead of seeing an option to become a paid subscriber, you just saw a cryptic PHP error.  This is nothing that would have compromised a credit card number or anything – it just would have prevented anyone from giving me money.

A little bit of bug testing, one new line of code and its back up and running.  :)

Driving home from a deposition on Tuesday evening I was listening to NPR.1 They had a piece about how food banks in California are struggling.  Donations across the board are down.  Corporations that used to donate are reducing or even eliminating their donations.  People who once donated to food banks are now showing up asking for food.

Tuesday night I made a decision to help my local food bank.

  • I have donated all of the income from this website, retroactive to November 1, 2008 to my local food bank.  I will be sending out an e-mail to all current paid subscribers thanking them for their support of this website and, by extension, our food banks.

I also decided to make a further commitment.

  • I will continue to work on this site to bring you the absolute best workers’ compensation calculators for free.  And, I will continue to donate every single cent from this website to this food bank through the end of this year.
  • If you buy a monthly subscription, I will donate your subscription to this food bank through the end of the year.  If you buy a yearly subscription between now and the end of the year, I’ll donate the whole thing to them.  I do not believe this would be tax deductible for you, so I’ve thought of another option.
  • If you make a donate of any amount to your local food bank, just send me a copy of the receipt and I will give you an equivalent amount of subscription access to this website. 2

If you use this website chances are you’re a professional who can spare enough to make a donation.  I’m no good at impassioned pleas or eloquent words.  Please make a donation and help out some hungry folks.  If you want to sign up for access for this website, please e-mail me or try to make an online payment through your profile on this website.

Thank you.

  1. I’m an NPR junkie, remember? []
  2. E-mail, fax, mail – whatever works for you. []

Going Viral
Going Viral

“Going viral” is the latest marketing buzzword to make it into the public consciousness.  This phrase refers to a process where something is promoted mainly by word of mouth.  The “viral” part of the phrase means to imply that popularity will spread exponentially, like a virus.1

The most memorable examples of “viral marketing” in recent years is probably the “Blair Witch Project.”  This super-low budget movie was popularized largely through word of mouth, making the highest profit-to-cost ratio movies of all time.2

What does this have to do with you or PDRater.com?

Scott Adams, the creator and author of the wildly popular Dilbert comic, recently published a blog post about what he referred to as, “digital tipping.”  He puts up a blog post every day3 but makes little to no money off of it.  Recently he partnered with a company which provides a free service4 in the hopes, or so I believe, that people will use the free service and upgrade to the pay service providing him, in turn, with a financial reward.

Scott Adams made an interesting point about how his blogging has affected his core business – publishing comic strips.5 He discovered that his sometimes controversial blog posts sometimes turned people off from his comic strip – thereby losing a portion of his fan base forever.  On the flip side, although his blog is fairly popular his blog rarely improves his comic strip fan base.

A simple cost benefit analysis would suggest that the observed risk is not worth the potential incremental benefit – especially in light of the ongoing time commitment required to publish blog posts.  I suspect that my own blog posts have a similar risk-reward scenario.

Assuming that I’m acting rationally in blogging, why do I continue to do so in light of an unfavorable bost benefit analysis?  Firstly, I rather enjoy writing.  Secondly, its my understanding that search engines rank frequently updated websites slightly higher.  Thirdly, it is my hope that popularity, knowledge, and use of this website will “go viral.”

Much like Scott Adam’s concept of “digital tipping,” I hope people will help me at no cost to themselves by telling their friends about this website, how useful it is for them, and how this website saves them time.  So, if you enjoy or appreciate this website, why not tell a friend?

  1. Photo courtesy of AJC1 []
  2. Incidentally, unseating Mad Max which held the title for twenty years. []
  3. Its not easy!  I missed two days last week! []
  4. Which can be upgraded to a pay service. []
  5. I wish I could find that link! []

MicroSoft has no one to blame but themselves for my deleting MicroSoft Office.  Well, its partly Dell’s fault too, but that’s a long story I’ll tell some other time.  (Short version: Dell repaired a prior laptop and shipped it to a construction site in Oakland.)

Once I tried OpenOffice, I never looked back.  Its my preferred word processing, spreadsheet, presentation, office suite program.  Not only is it better than MicroSoft office in just about every way, but its also completely free.  You might be interested in trying it out because I believe it will help you tremendously with EAMS.

OpenOffice.org
OpenOffice.org

OpenOffice.org released version 3.0 of their program on October 13, 2008.  It was so wildly popular that their website was crushed under the overwhelming demand.  The three most important things to know about OpenOffice are:

  1. Its open source, so its completely free.  So, there’s no reason not to give it a shot.
  2. It can open, edit, and save to any MS Office 2000, 2003, 2007, and WordPerfect formats.
  3. It can print or export any file to a PDF.

If you’re a Workers’ Compensation professional in California, you’re probably dealing with EAMS.  Since filing things with EAMS means working with a lot of PDF’s.  In order to keep from reinventing the wheel, it makes sense to save those PDF’s of the document cover sheets.  But what if you need to make a small change later on?  Well, OpenOffice v3.0 can help with that too.

Using an extension ((basically a small program)) OpenOffice can open and edit and re-save a PDF file. Not even Adobe, the company that promotes the PDF format1 , does a good job of opening and editing PDF’s.

This is a really big deal to me because editing saved PDF’s is going to save me a lot of time editing settlement documents and various pleadings.

Update

I wrote the above about a month ago while I gave OpenOffice 3.0 a shot.  It won’t install on my Vista laptop but works great on my XP desktop.  I’ve reverted to OpenOffice 2.4 on the laptop while I wait for a fix.  OpenOffice 2.4 is still free, but it won’t open MS Office 2007 formats (which not everyone is using anyhow) and cannot edit PDFs.

  1. I know that’s redundant. []