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
18
2010
0

It’s final: Ogilvie is not stayed

WCAB gives Ogilvie the green light

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]

Commissioner Miller letter dated 1/13/2010 to Defense attorney on Bowden v Sunray Termite.

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. []
Jan
12
2010
0

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