Month: December 2009

By Posted on Posted in 2005 PDRS, AMA Guides, Case Law, Ogilvie, Permanent Disability Rating Schedule, Permanent Partial Disability, Workers Compensation Resources No Comments Tagged with , , , , , , , , , ,
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes
If you can use duct tape, you can perform an Ogilvie DFEC analysis in 5 minutes

An Ogilvie / DFEC analysis isn’t really difficult, especially when this website has a free Ogilvie / DFEC calculator. ((Photo courtesy of indigotimbre)) The problem comes when you have to prove all the math behind those calculations.  This involves “showing your work.”

The best way to “show your work” is to take the reader through each step of the Ogilvie analysis.  I’ve prepared a sample report (generated using a new service on this website) which provides a clear and easy to understand format for “showing your work.”

The steps are basically this:

  • Step 0:  2005 PDRS rating string
  • Step 1: Post-Injury Earnings of Applicant
  • Step 2: Post-Injury Earnings of Similarly Situated Employees
  • Step 3: Calculate Proportional Earnings Loss
  • Step 4: Calculate Individualized Rating to Loss Ratio
  • Step 5: Compare Individualized Rating to Loss Ratio to range of ratios for the FEC ranks

For those interested, here’s a more detailed explanation of each step in an Ogilvie / DFEC analysis.

When each step of the Ogilvie / DFEC analysis is stated clearly, the reader can see every assumption, step, and perform their own calculations to verify your conclusions.  As long as the parties agree on the numbers used in an Ogilvie / DFEC calculation, they should always arrive at the same result.

Setting forth every single step of your Ogilvie / DFEC analysis lets you to spend less time arguing about the impact of Ogilvie and more time trying to get the case settled.

By Posted on Posted in Calculators, DFEC Rebuttal, Ogilvie, PDRater, Workers Compensation Resources No Comments Tagged with , , , , ,
An early Christmas for PDRater users!
An early Christmas for PDRater users!

I plan to launch a brand new calculator service tomorrow. ((Photo courtesy of The School House))

I think you’re really really going to like it.

Want a hint?

It’s going to help you with a case that rhymes with “Schmogilvie.”

By Posted on Posted in Blogging No Comments Tagged with , , ,
Twas the night before Christmas... and the check still had not arrived...
T'was the night before Christmas... and the check still had not arrived.

I was waiting on two attorneys walking through a settlement last week while at the Oakland Board.  Applicant’s counsel had added some unusual language.  ((Photo courtesy of Joriel “Joz” Jimenez)) The Judge read it aloud to the hearing room:

Defendants shall make payment before Christmas.

Oh, and… the Applicant was Jewish.  :)

By Posted on Posted in Calculators, Case Law, COLA, Commutation, Death Benefits, Permanent Total Disability, SAWW, Workers Compensation Resources No Comments Tagged with , , , , , , , , , , , ,
It looks like someone took a SAWW to that COLA
It looks like someone took a SAWW to that COLA!!!

You’re probably just here to download the latest workers’ compensation case about the Cost of Living Adjustment and State Average Weekly Wage increases.  ((Photo courtesy of Sister72)) ((I refuse to apologize for that pun.)) I’m not going to hold you in suspense – here’s the download link:

[download id=”22″]

Obviously, you need to read the entire decision for yourself.  Here’s my oversimplification of the case:

Whenever the injured worker is due life pension payments for injuries on or after 1/1/2003, you calculate those benefits, whenever they are due, by increasing them according to the yearly increases in the state average weekly wage starting on 1/1/2004.

If some of this seems familiar, its because this is the same case as XYZZXSJO2 which came out back in February 2009.   I had suggested back in February that the effect of the COLA increases on life pension payments today would be to increase them some 44% or so.

Still having trouble understanding the impact of this case?  Well, you could try my XYZZXSJO2 calculator to tell you what the life pension rate should be during a given year.  (Remember, this just tells you the rate – it is not a commutation calculator.  These are still in the works).

What are your thoughts on Duncan v. WCAB?

http://www.flickr.com/photos/79874304@N00/386160373/