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 []

Block Letters
Block Letters

According to a recent DIR news bulletin on November 17, 2008 the new WCAB Rules of Practice and Procedure were approved by the Office of Administrative Law and filed with the Secretary of the State and (apparently) made effective that same day.  If you haven’t already reviewed the new regulations, now’s a good time.  You can check them using the above links or download it here:

New WCAB Rules of Practice and Procedure (Effective 11-17-2008)

Since the new WCAB rules became effective, the new EAMS forms are now mandatory.  The exceptions named in the above bulletin are:

  • There will be a four-week “transition period” in effect through December 12, 2008 during which the “legacy”1 forms will still be accepted.
  • Forms requiring multiple signatures will be accepted in “legacy” form as long as the filer establishes that circulation began prior to November 17, 2008. 2
  • Unrepresented injured workers will be allowed until February 17, 2009 to use “legacy” forms.
  • Unrepresented injured workers who do not have access to a computer or typewriter will be allowed to fill in the new OCR forms by printing using block letters.34

Did you know there’s a handbook for the new Optical Character Recognition EAMS forms?  You can check it out here or download it here:

EAMS OCR Handbook (Rev. 11-24-2008)

  1. Read: non-EAMS []
  2. I suppose the easiest way to demonstrate this is to point out that at least one of the signatures was dated prior to 11/17/2008. []
  3. Though, I suppose printing clearly in all-capital letters migh work better… []
  4. Photo courtesy of Thomas Hawk. []

Calculator Performance Issue: It has come to my attention that some users are having problems with the “Body Part” code finder.  This problem apparently occurs when you click on the “Body Part” button and just see a spinning blue “waiting” disc instead of a list of body parts.

Temporary Fix: Even though the Body Part code search function does not work for some users, the rating functions still appears to work just fine.  If you know the Body Part code, you should be able to enter it manually in the box provided.  If you are performing a 2005 schedule rating, please use the full 8 digit body part code.

Permanent Solution: I am working on a fix for this problem and will update this website as soon as I am able.  I cannot be sure, but I suspect that the problem is being caused, in part, by the recent increase in the popularity of this website.1

To all paid-subscription users:

I value your business and appreciate your patience.  If this problem persists, I will create a second website exclusively for your use.

In the meantime, if you’re having problems with the calculators, however small, please e-mail through the Contact Us link at the top.  The more information I have about the problem, the better able I will be to diagnose and fix it.

Thank you again for your patience.

Sincerely,

Jay Shergill

  1. Yay, popularity!  Boo, problems! []