Tag: petition to reopen

By Posted on Posted in 2005 PDRS, DFEC Rebuttal, Ogilvie, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , ,
Dont cry - you had a good run
Don't cry - you had a good run

You may not want to hear this, but Ogilvie II is probably worse for Defendants than Ogilvie I.   ((Photo courtesy of Lawrence Whittmore))  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.  ((February 3, 2009 is the day Ogilvie I came out.))