Want to be a beta tester?
I’m working on a new calculator and I could use some beta testers. 1
If you’re interested, leave a comment or send me an e-mail.
Thanks!
Workers Compensation Resources
WCAB Sacramento has moved!
According to the WCAB Newsline, the Sacramento WCAB has moved as of 10/19/2009. 1 They are now located at:
Sacramento WCAB
160 Promenade Circle
Sacramento, CA 95834
(916) 928-3101
I’ve got a hearing there this afternoon. Stop me and say hello!
Ogilvie Calculations Made Simple, II
DOWNLOAD THE MATHEMATICAL PROOF AS A PDF!
A little while ago William S. Morris, an Applicant’s attorney, told me that the Ogilvie adjustment calculation could be further simplified. 1 He suggested the following2 :
- Earnings Loss34
- L = (PIESSE – PIEA) / PIESSE
- Individualized Proportional Earnings Loss
- = (WPI / L) / 100
- DFEC Adjustment Factor
- = ([1.81/a] * .1) + 1
- = ( (1.81 * .1)/a) + 1
- = (.181/a) + 1
- = 1 + (.181/a)
- Ogilvie DFEC Adjusted Rating
- = WPI * DFEC Adjustment Factor
- = WPI * (1 + (.181/a) )
- = WPI * (1 + (.181 / Individualized Proportional Earnings Loss) )
- = WPI * (1 + (.181 / ( (WPI / L) / 100) ) )
- = WPI * (1 + (18.1 / ( (WPI / L) ) )
- = WPI * (1 + (18.1 * (L/WPI) ) )
- = WPI + (18.1 * L)
- Conclusion
- If the injured workers’ individualized proportional earnings loss is outside all of the FEC ranks, you may calculate the Ogilvie adjustment by adding (18.1*Earnings Loss) to the WPI.
The only flaw with the proofs offered by William and myself is that they are too exact. The WCAB in Ogilvie never sets forth the exact process for performing the Ogilvie adjustment calculation – so the only official method involves rounding to different significant figures at different places. Thus, a calculation performed in strict accordance with the WCAB in Ogilvie and through one of these mathematical proofs would differ very slightly.
What do you think? Leave a comment or drop me a line.
Going for the record!
My personal best is two walk through settlements at two different WCAB district offices in a single morning. Tomorrow I am going to attempt three walk through settlements at three different WCAB district offices in a single morning. My plan is to start my day at the San Jose WCAB at 8:00AM, hit the Oakland WCAB afterward, jet to San Francisco, and then return to the office. Google Maps tells me that this is going to be 134 miles over 2 hours and 39 minutes. 12
As I mentioned before, there’s a lot of things that can go wrong – traffic, long walk through lines, a broken photocopier. 3
But, I’ve done what I can to ensure this works. I’ve called the other parties, have a checklist of everything I need to do in the order I need to do it, my cell phone is charged up4 , phone numbers for opposing counsel and my clients hand, GPS charged up, prepared Minutes of Hearing, Document Cover Sheets, Document Separator Sheets, Awards, and Orders. 56
If you happen to be in San Jose, Oakland, or San Francisco today stop me and say hello. (And – pretty please may I cut ahead of you in line?)
Lastly, I’ll be checking back here throughout the day, so how about leaving me a word of encouragement in the comments?7
- If I had another walk through to do in Santa Rosa, I would be planning a different order. [↩]
- Photo courtesy of Matthew Armstrong [↩]
- Or, heaven forbid, EAMS could be working tomorrow. THAT would foul me right up. [↩]
- And a back up cell phone charged up too! [↩]
- I even sacrificed a giant sequoia sapling as an offering to EAMS. [↩]
- I’m even bringing two extra settlements just in case one falls through! Although, this is really due to coincidence than meticulous planning… [↩]
- I think live blogging the trip might be a bit much – but we’ll see. [↩]
It’s All In Your Head
Here at PDRater, I like to impart a little bit of medical knowledge when I can. I’ve shown you how swearing can reduce pain, blue M&M’s can heal spinal injuries and now… sugar is much better for you than previously thought.
Scientists are discovering that placebos are becoming more and more effective. In order to determine a particular drug is efficacious, they need to perform controlled tests using the real drug in one group and another group taking fake (usually just sugar) pills.
There is no logical reason placebos should have any effect, let alone an effect similar to the real drug being dispensed to the non-control group. The only explanation I can think of is that people are putting so much faith in the healing power of modern medicine and drugs that they are literally thinking themselves better.
So… what have we learned today? As best as I can tell, we’re supposed to curse and eat sugar and candy. 1
Thanks Wired!
Would you sign my copy?
As I mentioned a few days ago, I was recently at the State Bar Convention in San Diego. While at the Steve Jimenez Memorial Special Recognition Awards Ceremony, I bumped into one of the Workers’ Compensation Appeals Board commissioners.1
It was one of those days where I’m kicking myself for not lugging around my copy of Ogilvie II.2
I got to tell this commissioner, “I’m a big fan of your work.”3
The Role of Rehab Experts after Ogilvie II
- Oh, if only rehab was this easy…
Vocational experts seem to have gotten pretty well trampled by the recent Ogilvie I and Almaraz/Guzman I en banc decisions. The Ogilvie II and Almaraz/Guzman II en banc decisions didn’t do them any favors either.
As far as I can tell, the WCAB1 in Ogilvie II basically flip flopped on the role of vocational experts. Under Ogilvie I at least one very entrepreneurial vocational counselor was making money performing the Ogilvie I formula adjustments and offering to testify to support their findings.2
The Workers’ Compensation Appeals Board in Ogilvie II has very explicitly stated that vocational experts are not necessary when it comes to performing the Ogilvie I formula adjustment – since it is an objective and retrospective calculation.
This leaves open the question of whether vocational expert testimony is only relevant when defending against an Ogilvie argument.
- Well, eight of the commissioners anyhow. [↩]
- I received more than one letter demanding agreement to a vocational counselor under Ogilvie I. [↩]
Jimenez Memorial Special Recognition Awards 2009
I had the good fortune to attend the Steve Jimenez Memorial Special Recognition Awards on September 11, 2009. Congratulations to:
- Judge Linda Morgan, Judge of the Year
- Michael Laughlin, Lifetime Achievement Award
- J. Bruce Sutherland, Applicant Attorney of the Year
- Robert Succa, Defense Attorney of the Year
Is Ogilvie II worse for Defendants than Ogilvie I?
You may not want to hear this, but Ogilvie II is probably worse for Defendants than Ogilvie I. 1 Check out page 32:
if within five years of the date of injury it later becomes clear that the employee’s individualized proportional earnings loss is significantly higher or lower than anticipated, a party may seek to reopen the issue of permanent disability by challenging the originally used DFEC adjustment factor.
I think we can expect to see a petition to reopen on any case that settled prior to 2/3/2009. 2
- Photo courtesy of Lawrence Whittmore [↩]
- February 3, 2009 is the day Ogilvie I came out. [↩]
I Just Make It Look Easy
A company once told me someone had offered to build permanent disability calculators for their website in three months for $7,500. One said six months and $20,000. Recently, another suggested it would take them a year and $40,000. My response is usually some variation on “You’ve got to take that deal. You’re wasting your time talking to me.”
It’s no big secret that building a great product takes a lot of work. The important thing to remember is that just because something is easy-to-use, that doesn’t mean its easy-to-make. 1
Let’s take the iPhone for example. Everyone will concede its an easy phone to use. However, it was released more than two years ago on 6/29/2007. 2 In that time the other players – BlackBerry, LG, Nokia, and Palm have all been trying to catch up. If this easy-to-use phone were easy-to-build everyone would have their own version.
Look, there’s no special magic to building a website like this. Really, anyone can do it. All you have to do is learn the calculations inside-and-out, deconstruct the math involved in the various calculations, learn some client and server side programming languages, learn a content management system, make it all work together, keep current on changes in the law, start all over again each time the law changes, and earn the respect of the workers’ compensation community. Once done, you’ll have your very own workers’ compensation calculator website!
To return to the lesson of the iPhone, building a touch screen phone that can play music and surf the web is totally doable. Doing it right is another matter entirely.
- Visit the link for a PDF of a cut-and-fold iPhone. Thanks Gizmodo! [↩]
- Wikipedia link. [↩]