Would you sign my copy of Ogilvie?
Would you sign my copy of Ogilvie?

As I mentioned a few days ago, I was recently at the State Bar Convention in San Diego.  While at the Steve Jimenez Memorial Special Recognition Awards Ceremony, I bumped into one of the Workers’ Compensation Appeals Board commissioners. ((You’ve got a one in nine chance of guessing which one.  ;)  ))

It was one of those days where I’m kicking myself for not lugging around my copy of Ogilvie II. ((Photo courtesy of USAFA87))

I got to tell this commissioner, “I’m a big fan of your work.” ((Yes, yes, I already know I’m a great big nerd.))

Could THIS be the elusive Ogilvie formula?
Could THIS be the elusive Ogilvie formula?

So, here’s the deal:  I want to build the absolute most comprehensive suite of calculators and tools for workers’ compensation professionals.  ((Why?  Some people have wacky hobbies.  Maybe you build hockey arenas out of toothpicks.  I build workers’ compensation calculators and give them away for free.  If it will put you at ease, I hope to make money from advertising in the future.))  I also want your help to making them better.

In the last few days several people have sent me questions about the Ogilvie DFEC workers’ compensation calculator: ((Photo courtesy of nerissa’s ring))

  1. Is it possible to get an Ogilvie DFEC adjusted whole person impairment above 100%?
    • I believe it might be theoretically possible to achieve an adjusted whole person impairment above 100% using the Ogilvie DFEC formula.  I could easily include a small variation on the calculation that would prevent it from exceeding 100, but I have not done so because I wanted to replicate the the formulas set forth in Ogilvie as exactly as possible.
  2. Why can’t I use post-injury earnings of $0.00?  What if they have no earnings at all?
    • That’s an extremely valid point.  If you try to use a post-injury earnings of “zero”, it will cause division by “zero” which is not a mathematically legal operation.  Try post-injury earnings of $1.00 or $0.01.  Doing so will give you an answer VERY close to what you need.  ((I know it has a less than friendly error message about this. I’ll see what I can do about fixing that.))
  3. When do you round each calculation when performing the Ogilvie DFEC calculation?
    • The WCAB en banc in Ogilvie rounds to three decimal places at one step and to four decimal places at a second step.  The only way we know what they actually did is by extrapolating from the examples in the decision – they never actually state “round to four significant digits here, round to three significant digits there.”  I have rounded exactly as they did in their examples.
    • At the end of the day, there are two ways to perform the Ogilvie DFEC calculation:  the exact way the WCAB did it (sometimes four, sometimes three decimal places) and the way they probably intended to do it (four decimal places until the end).  I made the judgment call to use the formula as they performed it, warts and all.
    • Why did I choose to round as the WCAB did?  I think it is more defensible to calculate exactly as the Board did, rather than as I think the Board should have calculated.
  4. How do you put the Ogilvie DFEC adjusted whole person impairment into the rating calculator?
    • At this point, you can’t use a different FEC Rank or an Ogilvie DFEC adjustment factor in the 2005 PDRS rating calculator on this site.  In order to accomodate this, I would need to either rewrite the entire calculator or write a new calculator.  One other possibility is that I could modify the Ogilvie DFEC calculation to provide one extra line of information – where it “runs the FEC numbers backwards.”
    • Let’s take this example:  Suppose the body part FEC rank is 1 and whole person impairment is 10.  The normal FEC adjusted whole person impairment would be 11.  Let’s suppose after applying the Ogilvie DFEC formula it turns out you should have an FEC rank of 8 instead.  This would give you an Ogilvie DFEC adjusted whole person impariment of 14%.  I could write a modification of the current Ogilvie DFEC calculator to put 14% into the FEC Rank chart and look up what whole person impairment you would need with an FEC rank of 1 to arrive at 14%.  Would you find this a helpful interim fix?  Please let me know by sending me an e-mail.
  5. Jay, why in the world did the Ogilvie DFEC calculator reference “standard disability”?  Shouldn’t it say “whole person impairment”?
    1. You’re totally correct.  I’ve fixed this.  Mea culpa.

Here’s my request for your help.  In order to make an Ogilvie calculation valid, you need to put in valid post-injury earnings of similarly situated employees.  The WCAB in Ogilvie suggests several possible sources: ((I’ve copied the links directly from Ray Frost‘s Ogilvie spreadsheet/calculator.  Ray has been kind enough to allow me the use of his extensive work restrictions lists.  So, thanks Ray!))

What do you use for post-injury earnings of similarly situated employees?  If I had a better idea where people were looking it is possible that I might be able to automate the inclusion of this informaiton as well.  Please drop me a line and let me know.   If there is a general consensus, I’ll look into the possiblity of having this informaiton automatically imported from an external website.

A blogger I respect very much, Roger Dooley, recently posted about “The Power of FREE.” His Neuromarketing blog is mostly about the interplay between marketing and psychology. You should read the article for yourself, but the bottom line is that offering something for free is an incredible incentive – even where someone might get just as as good a deal for “almost free.”

Many people measure their success by their search engine ranking for their “target keywords.” I would wager that most people care about their Google ranking over other search engines. Most search engines alter the search results by placing paid advertisers at the top. Google does not sell search engine rankings. I would say this is one of the biggest reasons it’s considered the gold standard of search engines.

My own target keywords are “permanent disability calculator free.” I discovered a few days ago that this website is the top ranked Google result for these keywords!

As the man said, “you can’t always get what you want.” Here’s what I need from a cell phone:

  • Multiple numbers per contact
  • Multiple alarms
  • Scheduling events
  • Text messaging
  • Ability to jot down notes
  • A battery with 4 hours of talk time and a few days of standby time

My current phone can do all that. The battery life is failing, reception is spotty, and its been dropped more times than I was as a baby. Here’s what I want out of a new phone:

  1. Contacts and calendar that can synch with my laptop
  2. Bluetooth support and file access (to transfer files wirelessly)
  3. A web browser that works as well as IE7 or FF2 (Namely: proper HTML rendering, CSS rendering, cookies, and javascript support)

I know the LG Dare can handle #1 and #2, but I’m dubious about its support for #3.

I know the iPhone can handle #3 fairly well, but am dubious about its support for #1 and #2.