Dec
10
2009

How to Calculate an Ogilvie/DFEC Rebuttal Analysis

Whether you perform an Ogilvie/DFEC Rebuttal Analysis manually or using this website, you still need the same basic information and to go through the same basic steps. (This FREE SAMPLE PDRater DFEC Rebuttal Analysis Report takes you through each step).

What do I need to get started?

  • Basic claims data.  Date of birth, date of injury, injured worker name, employer name, insurance company name, Board number, claim number, average weekly wage, and the injured worker’s zip code
  • Basic disability rating data. Occupational title, names of body parts injured, whole person impairment, apportionment
  • Post-injury earnings of applicant. You may find this Social Security Earnings Release form helpful.
  • The ability to search for an occupational title by typing in part of a job description.

What is the DFEC rebuttal analysis process?

  1. Determine the Post-Injury Earnings of Applicant
    1. These are the injured worker’s earnings for the period following their date of injury.  This information can be gathered from a number of different sources including employer payroll records, tax records, W-2 forms, check stubs, EDD wage data, or even earnings information from the Social Security Administration.
    2. Whether you are trying to get this information from opposing counsel or your own client, you may be useful to use the Social Security Earnings Release form. (Free download!)
    3. If you are requesting a PDRater DFEC Rebuttal Analysis Report, simply enter this information into the appropriate box.
  2. Determine the Post-Injury Earnings of Similarly Situated Employees
    1. These are the post-injury earnings of similarly situated  employees as gathered from empirical wage data as required by Ogilvie II.  While this information is available for free from the EDD Labor Market Information Division, it is very difficult to search and locate information.
    2. The PDRater DFEC Rebuttal Analysis Report tool will find the post-injury earnings of similarly situated employees for you if you give it some basic claims information.
  3. Calculate Proportional Earnings Loss
    1. The Proportional Earnings Loss is calculated by subtracting the post-injury earnings of applicant from the post-injury earnings of similarly situated employees and dividing the result by the earnings of similarly situated employees.
    2. The PDRater DFEC Rebuttal Analysis Report calculates the injured workers’ proportional earnings loss for you.
  4. Calculate the Individualized Rating to Loss Ratio
    1. The Individualized Rating to Loss Ratio changes for each body part rated.  The individualized rating to loss ratio is calculated by dividing the whole person impairment for the injured body part by the individualized rating to loss ratio.
    2. The PDRater DFEC Rebuttal Analysis Report calculates the injured workers’ proportional earnings loss for you.
  5. Compare the Individualized Rating to Loss Ratio against Table A of the 2005 Permanent Disability Schedule
    1. In this step you compare the injured workers’ individualized rating to loss ratio against the various range of ratios in Table A.
    2. The PDRater DFEC Rebuttal Analysis Report calculates the injured workers’ proportional earnings loss for you.

However, an Ogilvie/DFEC analysis is not just about the math.  It is also about putting the facts and calculations in an easy to use format that explains each of the steps in the procedure.  Find out more about how PDRater can help you:

Written by Jay Shergill in: PDRater |

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