PDRater – Ogilvie ratings and PD calculators

Also not a valid permanent disability rating schedule for 2009

I’ve been getting a lot of questions about the Draft 2009 Permanent Disability Rating Schedule.  There is no 2009 Permanent Disability Rating Schedule. [1]

Yes, yes, I know we’re supposed to have a new schedule per 8 CCR 9805, but the proposed draft 2009 PDRS was never approved.

Overall, the draft 2009 Permanent Disability Schedule doesn’t change much from the existing 2005 schedule.  The biggest change is in the application of the FEC rank adjustment.  Instead of increasing permanent disability between 10% and 40%, the proposed FEC rank system would increase permanent disability between 20% and 50%.  Additionally, the proposal suggested juggling the various ranks among the body regions.  If you’re curious about the exact proposed changes, the DWC Newsline gave a really great overview back on May 9, 2008.

Here’s the take-away:

• The 2009 Draft Permanent Disability Rating Schedule was not approved.
• The only official schedule for injuries on or after 1/1/2005 is the current 2005 Permanent Disability Rating Schedule.
• The DEU’s own webpage, updated on 10/2009 as of the date of this posting, doesn’t even offer a link to the 2009 draft schedule.

1. Photo courtesy of wenzday01 [↩]

I am very pleased to announce a brand new PDRater service: PDRater DFEC Rebuttal Analysis Reports.  This new service simplifies the two most time consuming parts of an Ogilvie/DFEC Rebuttal Analysis such as:

• Navigating the EDD website
• Performing the Ogilvie/DFEC analysis on each rating string

If you can rate a report, you can get a PDRater DFEC Rebuttal Analysis Report in less than 2 minutes.

Where do you go from here?

• READ the PDRater DFEC Rebuttal Analysis Report frequently asked questions!
• LEARN how to calculate your own Ogilvie/DFEC  analysis or request a PDRater Report!
• DOWNLOAD a FREE SAMPLE PDRater DFEC Rebuttal Analysis Report!
• GET a PDRater DFEC Rebuttal Analysis Report right now!

Even this guy can do the Ogilvie adjustment calculation in his head

If you’re using my Ogilvie calculator for situations involving a 100% earnings loss, you’re working too hard. [1]

If you have 100% earnings loss and WPI less than 45, the Ogilvie adjustment formula will always result in WPI + 18.

Not to worry.  I can make Ogilvie even easier:

1. FREE Ogilvie Mathematical Proof v0.1.
2. FREE Ogilvie Adjustment Chart v5!

The Ogilvie mathematical proof has been available for several weeks for peer review.  I’ve only received positive feedback.[2]  The above Ogilvie Adjustment Chart has been testing by myself and other workers’ compensation attorneys, but like everything else on this site is provided subject to all legal disclaimers.

Here’s a peek at what they look like:

Ogilvie Mathematical Proof

Ogilvie Adjustment Chart

1. Photo courtesy of lincolnblues [↩]
2. An anonymous source from the DWC actually called it “cool”! [↩]

Smith/Amar Reversed

Oral argument on Smith v. WCAB (California Youth Authority) went forward on Smith out that on April 7, 2009.  Today, we have the result – Smith/Amar has been unanimously reversed by the California Supreme Court in case number S150528.  Download a copy and read it for yourself here:

• Dwight Smith v. WCAB (California Youth Authority) ADJ2444225, ADJ811699, ADJ4137711, GRO16225, GRO16226, GRO16352, 2d Civil No. B190054 (1/16/2007) David Amar v. WCAB (Mel Clayton Ford) ADJ1756915, GOL89438, 2d Civil No. B190655 (1/16/2007)

For more background on Smith/Amar, check out my prior post discussing the oral argument.

PDRater: No Bills!

To this day, most of the e-mails I receive are from people asking me some variation of “No, really, how much does it cost to use these calculators? When am I going to be charged? What’s the catch?”

I intend to keep all the calculators free for anyone who cares to use them. I have built this website because I really do enjoy the hell out of blogging about tech stuff and workers’ comp law, dissecting complex workers’ compensation math formulas, and building something useful to myself and other professionals. This is quite literally how I spend my free time. I’m just that nerdy.