Comments on: New Ogilvie Calculator Feature!

By: KOS

KOS — Thu, 12 May 2011 00:08:11 +0000

Any new developments on whether it is applicable to each body part or once per injury? Thanks, Jay~!

By: Jay Shergill

Jay Shergill — Tue, 22 Dec 2009 00:01:01 +0000

Excellent question! A strict interpretation of Ogilvie dictates a separate DFEC analysis for every rating string. Some are arguing that the DFEC analysis is only applied once per injury. However, I’ve yet to see relevant case law, statute, or persuasive reasoning on this point.

By: wowand135

wowand135 — Mon, 21 Dec 2009 17:41:51 +0000

What about for multiple body parts with different FEC ranks?

By: gizzip

gizzip — Tue, 13 Oct 2009 02:49:58 +0000

Does that include fringe benefits, such as vacation check, pension or annuity. For example a Ironworker.

By: Jay Shergill

Jay Shergill — Thu, 06 Aug 2009 19:30:17 +0000

Hi Crystal,
While the WCAB in Ogilvie isn’t exactly clear on this point, their example calculations appear to use a total of all earnings over the preceding three years.
But, this is just one man’s reading of the case.
Regards,
Jay

By: crystal

crystal — Thu, 06 Aug 2009 18:35:01 +0000

Is the post injury earnings the annual earnings or the 3 year aggregate? Thanks!!