Jul
18
2011
0

Workers’ Compensation Specialization Boot Camp

Boot Camp

Boot Camp

The Workers’ Compensation Specialization Boot Camp on July 16 and 17 in Los Angeles was a packed house. [1]  If you missed out, there’s another chance to attend on July 30 and 31 in Concord.

If you did attend the seminar in Los Angeles, I promised you a copy of all of the cases cited during the presentation on Permanent Disability.  Here’s the basic outline along with a download link for every case I cited:

  1. Permanent Disability
    1. Cal. Labor Code. Section 4660
    2. LeBoeuf v. Workers’ Comp. Appeals Bd.
    3. Costa v. Hardy
    4. Almaraz/Guzman “II”
    5. Guzman “III”
    6. Ogilvie “II”
    7. (Updated 7/29/2011!) Ogilvie v. City and County of San Francisco, Court of Appeal, A126344, A126427
      1. Read a summary of Ogilvie III here!
    8. Argonaut Ins. v. Ind. Acc. Comm (Montana)
  2. Psychiatric Injuries
    1. Cal. Labor Code Section 3208.3
    2. Dept. of Corrections v. Workers’ Comp. Appeals Bd. (Garcia)
  3. Apportionment
    1. Cal. Labor Code Section 4662
    2. Cal. Labor Code Section 4663
    3. Cal. Labor Code Section 4664
    4. Cal. Labor Code Section 3213 – 3213.2
    5. Escobedo v. Marshall’s
    6. Benson v. Workers’ Comp. Appeals Bd.
    7. Brodie / Welcher
  4. Rating
    1. Blackledge v. Bank of America
    2. Policy & Procedures Manual of the WCAB
  5. (Updated 7/18/2011!) Flash Card Take Away
    1. Please register for a free account with PDRater.com to download this file.
    2. Seriously – free as in free.  There’s no charge, no credit card anything.
  1. Permanent Disability

    1. Cal Labor Code § 4660

    1. Description of disability

    1. 1997 Permanent Disability Rating Schedule

      1. Rebutting the 1997 Permanent Disability Rating Schedule

      1. LeBeouf

    1. 2005 Permanent Disability Rating Schedule

      1. Permanent Impairment

      1. Rebutting the 2005 Permanent Disability Rating Schedule

      1. Costa/Harding

      1. Almaraz/Guzman II

      1. Guzman “III”

      1. Ogilvie II

  1. Photo courtesy of jumpinjimmyjava []
Feb
17
2011
0

Old versus New Schedule

Now THAT's an old schedule case!

Now THAT's an old schedule case!

I heard the best workers’ compensation joke yesterday. [1]  Here goes:

  • “Is this an old or new schedule case?”
  • “Of course it’s old schedule.  Just look how old it is!”
  1. Photo courtesy of dklimke []
Mar
13
2010
0

Calculating Ogilvie

This afternoon I am presenting at the Workers’ Compensation Section Spring Conference 2010 with a presentation entitled, “Calculating Ogilvie.”  Due to cases relevant to Ogilvie coming out as recently as ten days ago, I’m making the resources mentioned here for everyone to download (along with a rough outline of the presentation).

  1. Ogilvie Formula
    1. Ogilvie formula (longhand)
      1. Each of the steps in the Ogilvie formula explained
    2. Ogilvie formula (shorthand)
      1. Mathematical proof demonstrating a simplified Ogilvie formula
      2. Download the simplified Ogilvie mathematical proof as a PDF here
    3. Ogilvie formula (oversimplified)
      1. Learn how to perform an Ogilvie calculation in your head in 5 minutes (PDF download)
    4. Ogilvie formula (18 point rule)
      1. Read the Ogilvie “18 point rule”
      2. Download the Ogilvie “18 point rule” as a handy PDF
  2. Ogilvie Case Law
    1. Ogilvie v. WCAB I (en banc) 2/3/2009
    2. Ogilvie v. WCAB II (en banc) 9/3/2009
    3. Bowden v. Sunray Termite San Jose WCAB Panel Decision ADJ4536632
    4. Shini v. Pacific Coast Auto Body & Truck San Diego WCAB Panel Decision ADJ2079252 (1/25/2010)
    5. Ochoa v. UPS Ground Freight Order Denying and Report and Recommendation on Reconsideration ADJ1758338 (2/8/2010)
    6. Bertha Noriega Garcia v. Patrick L. Hinrichsen WCAB Panel Decision ADJ6721939 (3/1/2010)
  3. Litigating Ogilvie
    1. Argonaut Ins. Co. v. Ind. Acc. Com. (Montana) (1962) 57 Cal.2d 589
  4. Applicant Attorney Ogilvie Handbook
  5. Defense Attorney Ogilvie Handbook
  6. Appendix
    1. EDD Labor Market Information Division
    2. Cal. Labor Code § 4651 “Average annual earnings shall be taken as fifty-two times the average weekly earnings referred to in this chapter.”

Sample Ogilvie DFEC analysis brief, complete with citations, explanations, and exhibits

Jan
20
2010
0

2009 Permanent Disability Rating Schedule

Also not a valid permanent disability rating schedule for 2009

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:

  1. Photo courtesy of wenzday01 []
Dec
14
2009
0

Do-It-Yourself Ogilvie DFEC Analysis

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.[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 []

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