I was at the San Jose WCAB on Friday. Since recently discovering that I could run this website’s permanent disability rating calculators from my phone’s web browser, this was the first time I left my rating manual, money chart, and date wheel in the car. ((Photo courtesy of .robbie))
It was great. That morning I used my phone to:
Find the ADJ number associated with the legacy SJO number on my file
The benefit for me is not so much that I don’t have to carry the rating manuals, dollar value charts, and date wheels. Unlike these tools, my phone is not something I’m going to misplace or loan and never see again.
The best part is that if I want to refer back to the calculation I just performed, I can just e-mail it to myself!
I have no intention of manufacturing FEC Ranks 9 through 20 for the following reasons:
Maintaining Standards. The entire point of a rating schedule is to allow a standardized method for calculating disability and expressing those disability calculations. If I invented my own FEC Rank system beyond the scheduled 1-8 Ranks, I would essentially be creating my own rating calculation system. I’ve gone to considerable lengths to ensure that the rating strings produced by these permanent disability calculators are as standardized, recognizeable, and universal as possible.
FEC Ranks are Irrelevant. The FEC Rank system is a simplified method of applying DFEC adjustment factors. When you use the FEC Rank of a particular body part to adjust the standard using the charts on pages 2-6 and 2-7 of the 2005 PDRS (permanent disability rating schedule), what you’re really doing is essentially multiplying your standard disability against the FEC adjustment factor associated with the particular FEC Rank for the body part in question. An FEC Rank is only useful for telling you the appropriate FEC adjustment factor to apply to the standard disability. Thus, FEC Ranks are irrelevant and FEC adjustment factors are all important.
Arbitrary FEC Ranks. FEC Rank 1 has an FEC adjustment factor of “1.100”. However, using the OgilvieDFEC rebuttal formula, it is possible to end up with very low FEC adjustment factors. In extreme circumstances it would be possible to have a negative FEC adjustment factor. The only way to resolve this would be to have several possible negative FEC Ranks. Besides being somewhat silly, worrying about additional FEC Ranks ((Both higher and lower than the normal 8)) misses the point. If you’re using the OgilvieDFEC rebuttal formula properly, the result will be a new FEC adjustment factor. If you already have the FEC adjustment factor, you have no need for the FEC Rank!
When I had discussed the impact of Ogilvie earlier, I had pointed out that in some cases the resulting formula will dictate that you use a different FEC Rank than the one indicated by the affected body part. In other cases you will need to use an entirely new FEC adjustment factor. In order to keep the 2005 disability calculator current I will eventually have to create a way for the user to override a body part’s standard FEC Rank and specify a new FEC Rank or their own FEC adjustment factor.
I’m not in any particular rush to develop this feature since Ogilvie seems to require three years of post-injury earnings. I doubt we’re going to see litigation begin in earnest over Ogilvie issues for another 18 to 24 months.