The Ogilvie mathematical proof has been available for several weeks for peer review. I’ve only received positive feedback. ((An anonymous source from the DWC actually called it “cool”!)) The above Ogilvie Adjustment Chart has been testing by myself and other workers’ compensation attorneys, but like everything else on this site is provided subject to all legal disclaimers.
I think we can dispense with the caption, just this once...
A defense attorney friend of mine called me up yesterday to say (I’m paraphrasing here), “You jackass. Thanks to your Ogilvie proof every Applicant’s attorney I know is calling me up, gloating, and asking for 18 points on top of the whole person impairment on every case! Why the hell did you do that???” ((Photo courtesy of giuliomarziale)) My first thought was of my favorite quote from Swingers. ((Just for you Ray!)) What I actually said was something along the lines of:
It’s not like CAAA wouldn’t have found out about Ogilvie if it wasn’t for Jay Shergill mentioning it in a blog post.
Nothing has changed except that now anyone can perform an Ogilvie adjustment calculation in their head. ((And save $129.99 in the process))
For the moment, let’s set aside the issue of whether California’s injured workers have gotten a raw deal since SB899. Suppose there’s an injured worker with a finger injury, stays on temporary disability for two years, and is immediately made permanent and stationary. If instead they get a 0% WPI, they get nothing. If they gets a 1% WPI, Ogilvie tells us this person gets a DFEC adjusted WPI of 19%.
Nearly every litigated case involves an extended period of temporary disability and a whole person impairment less than 45. ((Hell, a permanent irreversible coma is only a WPI of 80.)) Ogilvie effectively removes the first 18% permanent partial disability levels.
I really don’t think the WCAB intended this consequence. Don’t get upset with me – as long as Ogilvie is the law I might as well make Ogilvie calculations easy for you, right? ((Remember, just add 18 to the WPI!))
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” ((Read: non-EAMS)) 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. ((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.))
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. ((Though, I suppose printing clearly in all-capital letters migh work better…)) ((Photo courtesy of Thomas Hawk.))
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:
When a user registers with this website they are given the option of listing a little bit of biographical information about themselves. Have you ever wondered who else uses this website? Well, wonder no longer! The people using this website include:
