Tag: Wcab

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Feb
25
2009
Calculators, Case Law, COLA, Death Benefits, Life Pension, PDRater, Permanent Total Disability, SAWW, Website Updates, Workers Compensation Resources

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XYZZXSJO2 - The motion picture!
XYZZXSJO2 - The motion picture!

Last week while Steve was at the Sacramento WCAB he heard about a recent case that held the COLA / SAWW adjustments and increases are calculated based upon the first January 1 following the date of injury. 12

This case involving SIF (the subsequent injuries fund) is from the San Jose WCAB.  The name of the case is “XYZZXSJO2 v. Subsequent Injuries Benefits Trust Fund, ADJ 1510738, SJO 0251902”.  The name of the Applicant was anonymized to protect their identity.  34

Download a copy of XYZZXSJO2 now!

Thus far the conventional wisdom has been that the COLA/SAWW increases are calculated starting with the first January 1 after life pension gets paid out.  This is a tremendous change in the COLA/SAWW calculation of life pension.

Assuming a 1/1/2003 injury at exactly 70% permanent partial disability, there would be 426.5 weeks of permanent disability paid after the permanent and stationary date before the life pension gets paid out.  This equates to 8.2 years from the permanent and stationary date that has, thus far, not been taken into account with life pension calculations to date.  To put this in perspective, if someone had an injury on 1/1/2003 and became P&S on that same date5 , the traditional method of calculating the life pension with COLA / SAWW increase would be too low by approximately 44%.

At the moment I’m finalizing a COLA / SAWW life pension calculator to determine what the future life pension rates are assuming a COLA / SAWW increase of 4.7% per year.  If you’re interested in becoming a beta tester for this COLA / SAWW calculator for life pension increases, please drop me a line and ask for access.

Unfortunately, I don’t have a citation for the 4.7% COLA / SAWW increase, but I believe it to be the offiical average used by the DEU6 to calculate commutations of COLA / SAWW increases and adjustments.  If you have an official citation or document from the DEU, please drop me a line so I can include that citation here!

  1. COLA = cost of living adjustment. [↩]
  2. SAWW = state average weekly wage. [↩]
  3. I hope to have a scan of this decision for you soon! [↩]
  4. David DePaolo of WorkCompCentral.com has graciously allowed me permission to offer you a copy of XYZZXSJO2 for download!  Thanks David! [↩]
  5. Not likely. [↩]
  6. Disaiblity Evaluation Unit. [↩]
Feb
10
2009
Case Law, Downloads, Free, Ogilvie, PDRater, Website Updates, Workers Compensation Resources

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California Court of Appeals, First Appellate District
California Court of Appeals, First Appellate District

The First Appellate District of the Court of Appeal of the State of California has affirmed the Workers’ Compensation Appeals Board in Benson v. WCAB and the Permanente Medical Group, affirmed (2/10/2009).  The Court of Appeals held, in relevant part, that “[t]he Wilkinson doctrine is inconsistent with the apportionment reforms enacted by Senate Bill No. 899.”

The basic upshot is that barring “limited circumstances” each distinct industrial injury will require its own Award.

First Ogilvie and Almaraz/Guzman, now Benson?  Its been an exciting two weeks to be a Workers’ Compensation attorney.

Office of the Clerk
Office of the Clerk
Feb
7
2009
2005 PDRS, AMA Guides, Calculators, Downloads, Free, Ogilvie, PDRater, Technobabble, Website Updates, Workers Compensation Resources

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Professor, tell me more of this DFEC rebuttal calculator...
Professor, tell me more of this DFEC rebuttal calculator...

Earlier today I installed an Ogilvie v. City and County of SF DFEC Rebuttal calculator into the free workers’ compensation calculators page on this website. 123 For the moment it is only available to people who have signed up for this website and asked to be a beta tester.  If all goes well, I’ll flip a switch and make it available to the public on Monday morning.

At the moment it requires four pieces of information:

  1. FEC Rank (re: body part in question)
  2. Standard disability (re: body part in question)
  3. Post-injury earnings for Applicant
  4. Post-injury earnings for employees similarly situated to Applicant

Once you add in that information, click “Calculate” and it should crunch through the formula and give you a response.  The WCAB in Ogilvie suggested several possible outcomes to this formula:

  • The “Individualized Loss Ratio” for the injured worker is the same or within the range for the current FEC Rank for the affected body part.  In this circumstance, the 2005 DFEC has not been rebutted.
  • The “Individualized Loss Ratio” for the injured worker is within the range of one of the other seven FEC Ranks.  Here, the DFEC portion of the 2005 Permanent Disability Rating Schedule might be rebutted.
  • The “Individualized Loss Ratio” for the injured worker is outside the range of all eight FEC Ranks.  In this circumstance, you could end up with a new FEC Adjustment Factor much higher or lower than any FEC Adjustment Factor associated with the eight FEC Ranks.  Here, the DFEC portion of the 2005 Permanent Disability Rating Schedule might be rebutted.

Obviously, there are innumerable factors that go into considerations of whether a Judge (or the WCAB) would find the DFEC portion of the 2005 Permanent Disability Rating Schedule to be rebutted.  This calculation and the information relied upon in performing this calculation cannot be taken as a guarranteed method of rebutting the DFEC portion of the 2005 Permanent Disability Rating Schedule.

If you’re not a registered user for this website, its free to sign up and free to use all the workers’ compensation calculators.  That’s right: free as in free.

  1. Photo courtesy of Draggin [↩]
  2. I had this EXACT same calculator as a kid! [↩]
  3. Why, how did you spend your Friday night? [↩]
Feb
5
2009
Calculators, Case Law, Downloads, Free, PDRater, Technobabble, Website Updates, Workers Compensation Resources

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Whats the WCAB doing NOW???
What's the WCAB doing NOW???

UPDATE 9/3/2009:  Download the new en banc Ogilvie II and Almaraz/Guzman II decisions here!

Need a FREE sample Ogilvie analysis brief complete with citations?

Some crazy stuff has happened in the last two days.  1 Two big en banc decisions were just handed down from the WCAB. Here they are, hot off the presses and ready for downloading:

Of the two cases, I enjoyed Ogilvie v. City and County of San Francisco much more.  This case describes to what extent the 2005 Permanent Disability Rating Schedule may be rebutted2 and how one might go about doing this.

Pages 22 through 32 are basically nothing but math. 3  These pages detail the information and methodology necessary to rebut the DFEC portion of the 2005 Schedule.

Last night I wrote a prototype calculator which will allow you to determine whether you may or may not be able to rebut the DFEC portion of the 2005 Permanent Disability Rating Schedule.  This calculator would only perform the DFEC rebuttal calculations suggested in the majority opinion, since this is now the law of the land.  My plan is to test it this weekend and launch it Monday.

However, if anyone is interested in helping me test it, I would appreciate the help.  Just drop me a line and I’ll give you the link as soon as its ready.

In the meantime, if you want to crunch the numbers yourself (or follow along with the WCAB in Ogilvie), you will probably find Table A and Table B page 1-7 of the 2005 PDRS to be very helpful.

FYI, there are a lot of “footnotes” in Ogilvie that reference various online documents or websites.  I’ve downloaded a copy or provided a screenshot of each of these pages for your reference:

  1. Photo courtesy of Kyle Kesselring [↩]
  2. Basically just the DFEC portion. [↩]
  3. Yay! [↩]
Dec
2
2008
Downloads, EAMS, PDRater, Workers Compensation Resources

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Block Letters
Block Letters

According to a recent DIR news bulletin on November 17, 2008 the new WCAB Rules of Practice and Procedure were approved by the Office of Administrative Law and filed with the Secretary of the State and (apparently) made effective that same day.  If you haven’t already reviewed the new regulations, now’s a good time.  You can check them using the above links or download it here:

New WCAB Rules of Practice and Procedure (Effective 11-17-2008)

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”1 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. 2
  • 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.34

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:

EAMS OCR Handbook (Rev. 11-24-2008)

  1. Read: non-EAMS [↩]
  2. 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. [↩]
  3. Though, I suppose printing clearly in all-capital letters migh work better… [↩]
  4. Photo courtesy of Thomas Hawk. [↩]
Nov
14
2008
PDRater, Technobabble, Website Updates

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This baby monkey has nothing to do with workers' compensation at all.
This baby monkey has nothing to do with workers compensation at all

This website was recently re-launched on July 6, 2008 in a “blog” style format using WordPress to power everything except the calculators.1

On July 23, 2008 this website was all of one year old.  That day I made a goal of posting something2 every single weekday.3  Today is the 100th post on this site and I can’t help feeling somewhat accomplished.4

As any website regular can tell, I’m constantly tinkering with this site.  I fully understand constant change might be somewhat disorienting.  On the other hand, I’m making these changes in an effort to improve the appearance and usability of the website.

Most recently, I moved the Medical Provider Network and Links sub-pages to be their own5 menu options.  These pages seem to be things people use a lot and really deserve their own spot at the top.  Then again, I don’t want the top menu to be too cluttered.  There’s really no one great solution to this dilemma.

Other changes I’m considering:

  1. Moving the EAMS and WCAB search functions to their own page.  Some users6 use these functions exclusively and probably don’t appreciate the dozen or so other calculators.
  2. Combining the Blog and Articles pages.  I haven’t done this so far because I doubt people want to sift through my technobabble to learn something about workers’ compensation.

While I have you here:

Drop me a line and let me know.

  1. Photo courtesy of nycgeo. [↩]
  2. Admittedly, sometimes nonsense. [↩]
  3. Even on holiday-weekdays. [↩]
  4. I’m not exactly ready for NaNoWriMo, but you need to walk before you can run. [↩]
  5. Top level [↩]
  6. I suspect mostly non-attorneys. [↩]
Sep
22
2008
Calculators, EAMS, Free, Links, PDRater, Technobabble, Website Updates, Workers Compensation Resources

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EAMS Logo
EAMS Logo

As you may already know, the WCAB’s EAMS sub-webpage allows you to search for the new ADJ numbers or the official address for a claims administrator or representative.

Calculator
Calculator

Using the same data, I’ve written my own search engines that, to be blunt, work better.  You can find these two new search engines on the calculators page.  They are named “WCAB ←→ ADJ” and “EAMS Registered Offices”.

Later this week I’ll post about “why” and “how” I’ve developed these two new “calculators.” For now, I’ll just talk about why you’re going to want to join this site (for free!) and bookmark the calculators page.

  1. User Friendly. Search engines shouldn’t need pages of documentation.  One search box is all you really need.
  2. Easier. My search engines aren’t picky.  Enter “OAK0123456, OAK 0123456, OAK123456, OAK 000123456” and you’ll get “ADJ522195, ADJ522195, ADJ522195, ADJ522195.”  The EAMS page requires you enter the WCAB or ADJ number with no spaces and exactly 10 characters.
  3. More powerful. Search the Claims Administrators’ Offices and Representatives’ Offices database or unlimited ADJ and WCAB numbers simultaneously.
  4. Faster searches. You can search for 50 WCAB and ADJ numbers on my site in the time it takes you to search for one at the EAMS page.
  5. Better results. Although I use the same information as the WCAB search engines, I’ve designed my calculators to apply your search query to more of the information.  The result is better search hits.
  6. One page to rule them all. Both new search engines are built into the same page as the rest of my calculators.  No need to poke around the WCAB-EAMS website.  Bookmark one page and have all of the latest EAMS information right at your fingertips.

Comments, questions, criticsms always appreciated.

Aug
26
2008
Articles, Author, Downloads, EAMS, Free, PDRater, Technobabble, Workers Compensation Resources

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I received a few handouts regarding the new EAMS system while at the San Francisco WCAB yesterday. The WCAB SFO only had a limited number of these documents, so I’ve scanned my copy for everyone else’s benefit.

I also learned some interesting things about EAMS:

  1. Everyone knows that EAMS and the WCAB will reject your filings if you’re not registered with EAMS. Did you know that the Judges aren’t sure if EAMS will reject your filings if the employer is not registered?
  2. If a party brings physical paper exhibits, Judges will only be accepting the most important documents for filing (since the WCAB will be doing the scanning)
    • The parties will be expected to bring any possibly relevant exhibits. Any documents not accepted will be returned to the parties or shredded.
    • Judges will mainly be accepting just permanent and stationary reports.
  3. A party bringing a CD burned with scanned exhibits, will need to submit all medical files and documents which are typically required to be filed with the WCAB.
    • They will will not have the option of only submitting the most relevant exhibits.
  4. For the time being, normal walk through procedures are gone. Any new case activation would not be assigned a Board number until approximately 3 am after the day of submission. Be ready to drop off your walk throughs the day before you want to obtain approval.
  5. The EAMS forms haven’t been approved by the Office of Administrative Law and won’t be mandatory until approved.
  6. For the time being, every Board will have a telephone conference each morning starting at 8 am with their “command center.”
  7. The decision to go ahead with EAMS starting August 25, 2008 was only made on August 22, 2008!