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.”
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. :)
You’re probably just here to download the latest workers’ compensation case about the Cost of Living Adjustment and State Average Weekly Wage increases. ((Photo courtesy of Sister72)) ((I refuse to apologize for that pun.)) I’m not going to hold you in suspense – here’s the download link:
[download id=”22″]
Obviously, you need to read the entire decision for yourself. Here’s my oversimplification of the case:
Whenever the injured worker is due life pension payments for injuries on or after 1/1/2003, you calculate those benefits, whenever they are due, by increasing them according to the yearly increases in the state average weekly wage starting on 1/1/2004.
If some of this seems familiar, its because this is the same case as XYZZXSJO2 which came out back in February 2009. I had suggested back in February that the effect of the COLA increases on life pension payments today would be to increase them some 44% or so.
Still having trouble understanding the impact of this case? Well, you could try my XYZZXSJO2 calculator to tell you what the life pension rate should be during a given year. (Remember, this just tells you the rate – it is not a commutation calculator. These are still in the works).
What are your thoughts on Duncan v. WCAB?
There’s a lot of conflicting information about what Judge’s are requiring to making a finding of a DFEC rebuttal under Ogilvie v. City and County of S.F.. ((Photo courtesy of eliaspunch)) The Board in Ogilvie II is explicit that all you need is post-injury earnings information for the injured worker and similarly situated employees and “simple mathematical calculations with that wage data” using a “non-complex formula.” ((Ogilvie II, p1-2.))
Unfortunately, calling a process “simple” and “non-complex” doesn’t necessarily make it so. Apparently some Judges are requiring some additional showing beyond wage data and “simple calculations.”
What are Judges in your area requiring?
