Mar
06
2009
1

Ready for testing: Future Life Pension Rate with SAWW/COLA

XYZZXSJO2 - The motion picture!

XYZZXSJO2 - The sequel!

Last week I posted about a recent case from the San Jose WCAB that indicated a life pension SAWW[1] increase is applied on the first January 1 after the date of injury.  You can find a download of the XYZZXSJO2 case here.

I’ve just finished the COLA / SAWW future life pension rate calculator to determine what the future life pension rates are assuming a COLA / SAWW increase of 4.7% per year.  If you’re interested in becoming a beta tester for this COLA / SAWW calculator for life pension increases, please drop me a line and ask for access. [2]

Please keep in mind that this is not a life pension with SAWW / COLA increase commutation calculator.  The actuarial math involved in performing that calculation is … intense.

As an interesting side note, this week I saw my very first DEU commutation of a life pension with COLA increase.  Unlike the typical commutations everyone receives from the DEU, this commutation calculation was devoid of the actual methodology used.  I was pretty disappointed to find this out.

No matter!  Help beta test the new calculator by dropping me a line.  After you’ve given it a whirl, let me know what you think.

  1. SAWW means State Average Weekly Wage []
  2. If you have already helped me out as a beta tester, you already have access to this calculator. []
Feb
25
2009
2

XYZZXSJO2 – COLA and SAWW Increase Starts After the Date of Injury

XYZZXSJO2 - The motion picture!

XYZZXSJO2 - The motion picture!

Last week while Steve was at the Sacramento WCAB he heard about a recent case that held the COLA / SAWW adjustments and increases are calculated based upon the first January 1 following the date of injury. [1][2]

This case involving SIF (the subsequent injuries fund) is from the San Jose WCAB.  The name of the case is “XYZZXSJO2 v. Subsequent Injuries Benefits Trust Fund, ADJ 1510738, SJO 0251902”.  The name of the Applicant was anonymized to protect their identity.  [3][4]

Download a copy of XYZZXSJO2 now!

Thus far the conventional wisdom has been that the COLA/SAWW increases are calculated starting with the first January 1 after life pension gets paid out.  This is a tremendous change in the COLA/SAWW calculation of life pension.

Assuming a 1/1/2003 injury at exactly 70% permanent partial disability, there would be 426.5 weeks of permanent disability paid after the permanent and stationary date before the life pension gets paid out.  This equates to 8.2 years from the permanent and stationary date that has, thus far, not been taken into account with life pension calculations to date.  To put this in perspective, if someone had an injury on 1/1/2003 and became P&S on that same date[5] , the traditional method of calculating the life pension with COLA / SAWW increase would be too low by approximately 44%.

At the moment I’m finalizing a COLA / SAWW life pension calculator to determine what the future life pension rates are assuming a COLA / SAWW increase of 4.7% per year.  If you’re interested in becoming a beta tester for this COLA / SAWW calculator for life pension increases, please drop me a line and ask for access.

Unfortunately, I don’t have a citation for the 4.7% COLA / SAWW increase, but I believe it to be the offiical average used by the DEU[6] to calculate commutations of COLA / SAWW increases and adjustments.  If you have an official citation or document from the DEU, please drop me a line so I can include that citation here!

  1. COLA = cost of living adjustment. []
  2. SAWW = state average weekly wage. []
  3. I hope to have a scan of this decision for you soon! []
  4. David DePaolo of WorkCompCentral.com has graciously allowed me permission to offer you a copy of XYZZXSJO2 for download!  Thanks David! []
  5. Not likely. []
  6. Disaiblity Evaluation Unit. []
Oct
14
2008
1

Presidential Debate 10/15/2008, Predictions

"I want to be big"*

"I want to be big"

I recently posted my impressions on the vice presidential debate as well as the first and second presidential debates.  But, let’s not live in the past.  Why not jump on the prognostication bandwagon and make a few predictions?[1]

  • Prediction: Obama will be calm, cool, and collected.  He will appear aloof and superior throughout the debate.  He will also not go on the attack.
    • Conventional wisdom says that a candidate that is ahead in the polls has nothing to gain and everything to lose by directly engaging the opposition.
    • By not directly attacking McCain, Obama gives up the possibility of an additional rhetorical gain against McCain – but he’s so far ahead in the polls that he doesn’t need those possible gains.
    • The flip-side is that by not attacking Obama can appear to be above the fray and petty partisan politics.
    • Instead of attacking and counter-attacking, Obama will have a witty retort for every point McCain makes.
    • Obama will essentially ignore, or make light of, McCain’s attacks.  He will direct his remarks to the moderator and camera.
    • Obama will make a few vaguely sniping attacks.  Look out for extremely subtle references to McCain’s age or McCain’s actions as being inconsistent, unreliable, unpredictable or erratic.
  • Prediction: McCain will be clawing like a cornered wolverine.  We will see him attacking and challenging Obama relentlessly.
    • McCain has to walk a fine line – appearing to be conservative enough to keep (or, rather, win back) the red states Bush won in 2004 – while being moderate enough to pick up blue states.  In order to retake those red-states, McCain will stress his experience and commitment to core Republican values.
    • McCain doesn’t say “maverick” nearly as much as Palin.  While being a “maverick” is a decent way to collect undecided or Democratic voters, its a serious turn-off for Republicans.  As a friend and staunch Republican recently told me, “Maverick is a word for someone who screws their own party.”  I’m fairly certain Democrats feel the same way about Joe Lieberman.
    • Its easy to see McCain becoming impassioned during his speeches and debates.  However, McCain faces a special dilemma when pressing the attack.  If he attacks too strongly, he risks being seen as desperate or hot-headed.  Neither is an attractive quality for a possible president.
    • McCain is so far behind in the polls that he needs to score some big points.
    • During the first debate we saw McCain bring the attack to Obama.  Obama was forced to play defense much of the time, accusing John of getting the facts wrong.
    • We’re going to see McCain pressing the attack, posing questions directly to Obama, and trying to draw him into a head-on discussion.
    • Unlike Obama who will be speaking to the moderator and audience, we’re going to see McCain addressing most of his remarks to “that one.”  McCain will also take every opportunity to highlight when Obama doesn’t answer a question or gives a vague response.

So, there you have it, my totally ill-informed predictions based on nothing more than what I saw in the coffee grounds this morning.

  1. Photo courtesy of Zesmerelda. []

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