PDRater – Ogilvie ratings and PD calculators

WCAB gives Ogilvie the green light

Apparently the defense attorney on Bowden v Sunray Termite wrote ex parte to the WCAB requesting the case be declared a significant panel decision. [1]

Commissioner Miller’s letter (download below) notes Bowden was a “purely fact driven case” and “is not to be a statement of legal importance to the community.”  Commissioner Miller further points out Significant Panel decisions are citable panel decisions but not binding legal precedent. [2]

What does this mean to you?

Ogilvie has not been stayed, so sharpen your #2 pencils and work on your math skills.

1. Photo courtesy of adamwilson [↩]
2. Even if the defense attorney’s request had been granted Ogilvie, as an en banc decision, would still take precedence over Bowden. [↩]

This sign is ALSO not a stay on Ogilvie

I’m still getting e-mails suggesting that Bowden v. Sunray Termite is a WCAB Panel decision staying Ogilvie. [1]  Thanks to some loyal readers, I now have a copy of this Panel decision:

1. Photo courtesy of loop_oh [↩]

Just a red herring

In a word, no.  Ogilvie has not been stayed by the WCAB, Court of Appeals, or any other court at this time. [1]

A defense attorney is circulating a letter suggesting that he got the Board to agree on Reconsideration to stay the application of Ogilvie on a case until the Supreme Court decides on the issue.

First, let me preface by saying the Board might theoretically decide to not apply the DFEC rebuttal analysis under Ogilvie for any number of reasons:

• Perhaps the defense vocational expert witness was particularly persuasive
• Perhaps the injured worker was a terrible witness
• Perhaps the Board noted a particularly disproportionate effect of Ogilvie
• Perhaps there were a lot of “motivational” issues for the injured worker
• Perhaps the injury was less than 3 years old

Secondly, even if the Board found a way to decline to apply the DFEC rebuttal analysis under Ogilvie in one circumstance, this does not stay or overrule Ogilvie.  We would need to see something from either the Court of Appeals or another[2] en banc Ogilvie decision from the WCAB.

Thirdly, while I have not seen the documentation to prove it, I have learned the Board declined to apply the DFEC rebuttal analysis under Ogilvie due to some technical issue not having much to do with the actual Ogilvie case.

So, to recap – Ogilvie has not been stayed.  If someone claims otherwise, ignore them until they produce the case.  And when you see it… send me a copy!

1. Photo courtesy of jypsygen [↩]
2. Third!!! [↩]

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.[1] 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.

1. Photo courtesy of indigotimbre [↩]

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!