Category: Workers Compensation Resources

By Posted on Posted in 2005 PDRS, AMA Guides, Case Law, Ogilvie, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources Tagged with , , , , , , , , , ,
Dec
14
2009
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes

An Ogilvie / DFEC analysis isn’t really difficult, especially when this website has a free Ogilvie / DFEC calculator.1 The problem comes when you have to prove all the math behind those calculations.  This involves “showing your work.”

The best way to “show your work” is to take the reader through each step of the Ogilvie analysis.  I’ve prepared a sample report (generated using a new service on this website) which provides a clear and easy to understand format for “showing your work.”

The steps are basically this:

  • Step 0:  2005 PDRS rating string
  • Step 1: Post-Injury Earnings of Applicant
  • Step 2: Post-Injury Earnings of Similarly Situated Employees
  • Step 3: Calculate Proportional Earnings Loss
  • Step 4: Calculate Individualized Rating to Loss Ratio
  • Step 5: Compare Individualized Rating to Loss Ratio to range of ratios for the FEC ranks

For those interested, here’s a more detailed explanation of each step in an Ogilvie / DFEC analysis.

When each step of the Ogilvie / DFEC analysis is stated clearly, the reader can see every assumption, step, and perform their own calculations to verify your conclusions.  As long as the parties agree on the numbers used in an Ogilvie / DFEC calculation, they should always arrive at the same result.

Setting forth every single step of your Ogilvie / DFEC analysis lets you to spend less time arguing about the impact of Ogilvie and more time trying to get the case settled.

  1. Photo courtesy of indigotimbre [↩]

By Posted on Posted in Calculators, DFEC Rebuttal, Ogilvie, PDRater, Workers Compensation Resources Tagged with , , , , ,
Dec
9
2009
An early Christmas for PDRater users!
An early Christmas for PDRater users!

I plan to launch a brand new calculator service tomorrow.1

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.”

  1. Photo courtesy of The School House [↩]

By Posted on Posted in Calculators, Case Law, COLA, Commutation, Death Benefits, Permanent Total Disability, SAWW, Workers Compensation Resources Tagged with , , , , , , , , , , , ,
Dec
6
2009
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. 12 I’m not going to hold you in suspense – here’s the download link:

[Download not found]

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/
  1. Photo courtesy of Sister72 [↩]
  2. I refuse to apologize for that pun. [↩]

By Posted on Posted in 2005 PDRS, Articles, DFEC Rebuttal, Ogilvie, Permanent Disability Rating Schedule, Wage Loss, Workers Compensation Resources Tagged with , , , , , , , , , , , , ,
Nov
12
2009
Building the case for a DFEC rebuttal
Q: How do you build the case for a DFEC rebuttal? A: One step at a time.

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.. 1  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.”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?

  • Just wage data and calculations?3
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

  1. Photo courtesy of eliaspunch [↩]
  2. Ogilvie II, p1-2. [↩]
  3. Perhaps just a print-out from PDRater?  ;) [↩]