Building the case for a DFEC rebuttal
Q: How do you build the case for a DFEC rebuttal? A: One step at a time.

There’s a lot of conflicting information about what Judge’s are requiring to making a finding of a DFEC rebuttal under Ogilvie v. City and County of S.F..  ((Photo courtesy of eliaspunch))  The Board in Ogilvie II is explicit that all you need is post-injury earnings information for the injured worker and similarly situated employees and “simple mathematical calculations with that wage data” using a “non-complex formula.” ((Ogilvie II, p1-2.))

Unfortunately, calling a process “simple” and “non-complex” doesn’t necessarily make it so.  Apparently some Judges are requiring some additional showing beyond wage data and “simple calculations.”

What are Judges in your area requiring?

  • Just wage data and calculations? ((Perhaps just a print-out from PDRater?  ;) ))
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

Always room for guest articles at PDRater!
Always room for guest articles at PDRater!

Emily Tincher has recently provided a vocational expert’s perspective on the Ogilvie and Almaraz/Guzman decisions.

Have you got an article on workers’ compensation you’d like to see published?  Drop me a line and let me know. ((Photo courtesy of Stephen Cummings))

Thanks Emily!

P.S. For those of who keeping score at home, this is my 200th post!!!  That’s 200 posts in 357 days or roughly a post every 1.7 days.

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!

WorkersCompensationInfo.com posted a great update on the proposed EAMS regulations. The Board website shows the new proposed regulations and forms. The comment period closes on August 21, 2008. You can download all of the EAMS Proposed Regulations at once here.

There are new forms for:

  • Compromise and Releases
  • Stipulations with Request for Award
  • Minutes of Hearing
  • Declaration of Readiness to Proceed
  • Disability Evaluation Unit (DEU) forms and regulations
  • Retraining and Return to Work (RRTW) forms and regulations

Those wishing to comment can send their thoughts as follows:

There’s a physical mail address as well – but with EAMS around the corner, shouldn’t you get used to e-mail?