Feb
07
2009

New Calculator: Ogilvie DFEC Rebuttal Calculator – Ready for testing!

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. [1][2][3] 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? []

5 Comments »

  • […] launched the Ogilvie DFEC Rebuttal Calculator on Saturday morning to a select group of beta-testers. [1] When I upgraded a person’s access […]

    Pingback | February 10, 2009
  • […] asked me whether I intended to update the 2005 permanent disability rating calculator to include FEC Ranks after the scheduled 8.  I believe he had suggested FEC Ranks 9 through […]

    Pingback | February 19, 2009
  • […] I wrote an Ogilvie DFEC Rebuttal Calculator. […]

    Pingback | February 23, 2009
  • randyscottlevy

    I understand the new olgalive calculator, but is there a calculator that allows me to plug in the new FEC and then plug it in to age and occupation to get a final rating.

    Thanks

    Comment | March 24, 2009
  • Randy,
    No, there isn’t. However, that is an EXCELLENT idea. I was trying to think of the best way to incorporate the Ogilvie formula into the current rating calculators. I think there may just be no other good way than to build an entirely new calculator to take into account the Ogilvie formula and give you a final rating string. I’ll see what I can do.
    Jay

    Comment | March 24, 2009

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