Nov
12
2009
0

Ogilvie: Building the Case Part I

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.. [1]  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.”[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?[3]
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

  1. Photo courtesy of eliaspunch []
  2. Ogilvie II, p1-2. []
  3. Perhaps just a print-out from PDRater?  ;) []
Apr
01
2009
1

Suggestions for the Ogilvie Calculator

Thank you for the feedback!

Thank you for the feedback!

I was recently sent feedback about the Ogilvie DFEC rebuttal calculator on this website. [1]  Here’s how I’ve incorporated that feedback:

  1. Inputs. The calculator results repeats the inputs with the results.  This ensures that the answer provided gives you enough context when showing the calculation to the other side or when you go back to review your file.
  2. Email. You can now e-mail your calculations to yourself.
  3. Links. I’ve added a link to the various Employment Development Department and U.S. Dept of Labor, Bureau of Labor Statistics inside the calculator itself.  It doesn’t automatically obtain the information, but hopefully you will find this helpful.

There are two other issues I’m thinking about:

  1. An easy way to pull up the FEC rank of a particular body part.  Its kind of a pain to look up the body part, find the FEC rank, and then enter that into the calculator.  I’m thinking ways to simplify this process.  This shouldn’t be too bad to write.
  2. Rating using the Ogilvie DFEC adjusted whole person impairment.  This one will prove to be a difficult one to write in an intuitive fashion.

How would you change these calculators?  What else would you like to see?  What do you hate about them?  Shoot me an e-mail or leave a comment!

  1. Photo courtesy of biketrouble []
Feb
19
2009
2

How does Ogilvie change 2005 ratings?

Workers Compensation Calculator

Workers' Compensation Calculator

I had an interesting e-mail exchange with a friend (and fellow workers’ compensation professional) the other day.[1]

We were discussing the impacts of Ogilvie on 2005 schedule ratings.  He had asked me whether I intended to update the 2005 permanent disability rating calculator to include FEC Ranks after the scheduled 8.  I believe he had suggested FEC Ranks 9 through 20.

I have no intention of manufacturing FEC Ranks 9 through 20 for the following reasons:

  • Maintaining Standards. The entire point of a rating schedule is to allow a standardized method for calculating disability and expressing those disability calculations.   If I invented my own FEC Rank system beyond the scheduled 1-8 Ranks, I would essentially be creating my own rating calculation system.  I’ve gone to considerable lengths to ensure that the rating strings produced by these permanent disability calculators are as standardized, recognizeable, and universal as possible.
  • FEC Ranks are Irrelevant. The FEC Rank system is a simplified method of applying DFEC adjustment factors.  When you use the FEC Rank of a particular body part to adjust the standard using the charts on pages 2-6 and 2-7 of the 2005 PDRS (permanent disability rating schedule), what you’re really doing is essentially multiplying your standard disability against the FEC adjustment factor associated with the particular FEC Rank for the body part in question.  An FEC Rank is only useful for telling you the appropriate FEC adjustment factor to apply to the standard disability.  Thus, FEC Ranks are irrelevant and FEC adjustment factors are all important.
  • Arbitrary FEC Ranks. FEC Rank 1 has an FEC adjustment factor of “1.100”.  However, using the Ogilvie DFEC rebuttal formula, it is possible to end up with very low FEC adjustment factors.  In extreme circumstances it would be possible to have a negative FEC adjustment factor.  The only way to resolve this would be to have several possible negative FEC Ranks.  Besides being somewhat silly, worrying about additional FEC Ranks[2] misses the point.  If you’re using the Ogilvie DFEC rebuttal formula properly, the result will be a new FEC adjustment factor.  If you already have the FEC adjustment factor, you have no need for the FEC Rank!

When I had discussed the impact of Ogilvie earlier, I had pointed out that in some cases the resulting formula will dictate that you use a different FEC Rank than the one indicated by the affected body part.  In other cases you will need to use an entirely new FEC adjustment factor.  In order to keep the 2005 disability calculator current I will eventually have to create a way for the user to override a body part’s standard FEC Rank and specify a new FEC Rank or their own FEC adjustment factor.

I’m not in any particular rush to develop this feature since Ogilvie seems to require three years of post-injury earnings.  I doubt we’re going to see litigation begin in earnest over Ogilvie issues for another 18 to 24 months.

  1. Photo courtesy of Street Fly JZ []
  2. Both higher and lower than the normal 8 []
Feb
16
2009
1

Combined Values Chart

Combined Values Chart for the 2005 PDRS

Combined Values Chart for the 2005 PDRS

A few weeks ago I posted about the Multiple Disabilities Table for combining disabilities with injuries prior to 2005.

For injuries after 2005 we must turn to the 2005 Permanent Disability Rating Schedule.  When combining disabilities for injuries after 2005 there are several possible alternatives.  You can:

  1. In case you’re wondering, the chart on the right is a super-condensed version of the Combined Values Chart on pages 8-2 through 8-4. []
  2. Honestly, I don’t recommend this.  It wasn’t fun. []
Feb
11
2009
0

Ogilvie DFEC Calculator Launched!

So Many Calclators, So Little Time

So Many Calclators, So Little Time

After some additional testing and feedback, I have launched the Ogilvie Calculator aka DFEC Calculator aka Diminished Future Earning Capacity Calculator.[1]

To all of my friendly beta-testers:  Thank you!

So, what are you waiting for?  Signing up for this website is totally free and takes 30 seconds.  Log in, give it a whirl and let me know what you think.

  1. Photo courtesy of teclasorg. []

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