Category: COLA

By Posted on Posted in Calculators, Case Law, COLA, Commutation, Death Benefits, Permanent Total Disability, SAWW, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , ,
It looks like someone took a SAWW to that COLA
It looks like someone took a SAWW to that COLA!!!

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?

http://www.flickr.com/photos/79874304@N00/386160373/

By Posted on Posted in 1997 PDRS, 2005 PDRS, Almaraz / Guzman, Average Weekly Wage, Business, Calculators, COLA, Combined Values Chart, EAMS, Free, Life Pension, Ogilvie, PDRater, Permanent Disability Rating Schedule, Permanent Partial Disability, Permanent Total Disability, PHP, SAWW, Subscription Features, Technobabble, Temporary Partial Disability, Temporary Total Disability, Wage Loss, Website Updates, Wordpress, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , ,
Getting an upgrade!
Getting an upgrade!

Late last week a user asked for a new feature. ((Thanks Dennis!))  He wanted to be able to perform the Ogilvie DFEC rebuttal calculation and have the results e-mailed to him. ((Photo courtesy of Vernhart)) Well, I built it! ((Why, what did you do with your Saturday morning?))

To e-mail yourself a calculation, perform the calculation as normal.  When the website returns your calculation, it will say “E-mail Me!”  Just click that button and it will send an e-mail to the address you used to register for this website.

However, here’s the cool part:  I’ve installed this new e-mail system into every calculator!  ((I haven’t installed it in some of the EAMS lookup functions)) No more having to copy and paste!  Just click one button and your calculation will show up in your inbox! ((If you filled in the boxes for Applicant, WCAB #, and File #, it will include this information in your e-mail as well.  This is only for your convenience and not a requirement.))

Although I intend this to be a paid-subscription-only feature, I am going to leave it open for all users while I get some feedback.  So, what do you think?  Please leave a comment or shoot me an e-mail!

By Posted on Posted in Almaraz / Guzman, Author, Business, Calculators, Case Law, COLA, Free, Ogilvie, PDRater, SAWW, Technobabble, Website Updates, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , , , , , , , , , ,
Indy 500
Indy 500

Wow!  500 registered users!

Last month I mentioned that this website had a record number of new visitors.  I honestly thought that was an anomalous one day spike in traffic.  Instead we’ve had a sustained increase in new visitors and people signing up to use the workers’ compensation calculators for free.

Since February 13, 2009 ((When the 400th user registered.)) I’ve enjoyed posting about:

Ever since I relaunched this website I’ve had this idea in the back of my mind that getting to 500 users would be a big deal.  There are literally hundreds of workers’ compensation professionals who rely on this website and its calculators to make their lives a little easier.  This certainly feels like a big deal to me.

By Posted on Posted in Almaraz / Guzman, Calculators, COLA, Commutation, Downloads, Free, Life Pension, PDRater, SAWW, Technobabble, Website Updates, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
XYZZXSJO2 - The motion picture!
XYZZXSJO2 - The sequel!

Last week I posted about a recent case from the San Jose WCAB that indicated a life pension SAWW ((SAWW means State Average Weekly Wage)) increase is applied on the first January 1 after the date of injury.  You can find a download of the XYZZXSJO2 case here.

I’ve just finished the COLA / SAWW future life pension rate calculator to determine what the future life pension rates are assuming a COLA / SAWW increase of 4.7% per year.  If you’re interested in becoming a beta tester for this COLA / SAWW calculator for life pension increases, please drop me a line and ask for access.  ((If you have already helped me out as a beta tester, you already have access to this calculator.))

Please keep in mind that this is not a life pension with SAWW / COLA increase commutation calculator.  The actuarial math involved in performing that calculation is … intense.

As an interesting side note, this week I saw my very first DEU commutation of a life pension with COLA increase.  Unlike the typical commutations everyone receives from the DEU, this commutation calculation was devoid of the actual methodology used.  I was pretty disappointed to find this out.

No matter!  Help beta test the new calculator by dropping me a line.  After you’ve given it a whirl, let me know what you think.

By Posted on Posted in Calculators, Case Law, COLA, Death Benefits, Life Pension, PDRater, Permanent Total Disability, SAWW, Website Updates, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
XYZZXSJO2 - The motion picture!
XYZZXSJO2 - The motion picture!

Last week while Steve was at the Sacramento WCAB he heard about a recent case that held the COLA / SAWW adjustments and increases are calculated based upon the first January 1 following the date of injury.  ((COLA = cost of living adjustment.)) ((SAWW = state average weekly wage.))

This case involving SIF (the subsequent injuries fund) is from the San Jose WCAB.  The name of the case is “XYZZXSJO2 v. Subsequent Injuries Benefits Trust Fund, ADJ 1510738, SJO 0251902”.  The name of the Applicant was anonymized to protect their identity.  ((I hope to have a scan of this decision for you soon!)) ((David DePaolo of WorkCompCentral.com has graciously allowed me permission to offer you a copy of XYZZXSJO2 for download!  Thanks David!))

Download a copy of XYZZXSJO2 now!

Thus far the conventional wisdom has been that the COLA/SAWW increases are calculated starting with the first January 1 after life pension gets paid out.  This is a tremendous change in the COLA/SAWW calculation of life pension.

Assuming a 1/1/2003 injury at exactly 70% permanent partial disability, there would be 426.5 weeks of permanent disability paid after the permanent and stationary date before the life pension gets paid out.  This equates to 8.2 years from the permanent and stationary date that has, thus far, not been taken into account with life pension calculations to date.  To put this in perspective, if someone had an injury on 1/1/2003 and became P&S on that same date ((Not likely.)) , the traditional method of calculating the life pension with COLA / SAWW increase would be too low by approximately 44%.

At the moment I’m finalizing a COLA / SAWW life pension calculator to determine what the future life pension rates are assuming a COLA / SAWW increase of 4.7% per year.  If you’re interested in becoming a beta tester for this COLA / SAWW calculator for life pension increases, please drop me a line and ask for access.

Unfortunately, I don’t have a citation for the 4.7% COLA / SAWW increase, but I believe it to be the offiical average used by the DEU ((Disaiblity Evaluation Unit.)) to calculate commutations of COLA / SAWW increases and adjustments.  If you have an official citation or document from the DEU, please drop me a line so I can include that citation here!