Aug
06
2009
0

Ogilvie: the finger pointing begins

I think we can dispense with the caption, just this once...

I think we can dispense with the caption, just this once...

A defense attorney friend of mine called me up yesterday to say (I’m paraphrasing here), “You jackass.  Thanks to your Ogilvie proof every Applicant’s attorney I know is calling me up, gloating, and asking for 18 points on top of the whole person impairment on every case!  Why the hell did you do that???”[1]   My first thought was of my favorite quote from Swingers.[2] What I actually said was something along the lines of:

For the moment, let’s set aside the issue of whether California’s injured workers have gotten a raw deal since SB899.  Suppose there’s an injured worker with a finger injury, stays on temporary disability for two years, and is immediately made permanent and stationary.  If instead they get a 0% WPI, they get nothing.  If they gets a 1% WPI, Ogilvie tells us this person gets a DFEC adjusted WPI of 19%.

Nearly every litigated case involves an extended period of temporary disability and a whole person impairment less than 45.[4Ogilvie effectively removes the first 18% permanent partial disability levels.

I really don’t think the WCAB intended this consequence.  Don’t get upset with me – as long as Ogilvie is the law I might as well make Ogilvie calculations easy for you, right?[5]

  1. Photo courtesy of giuliomarziale []
  2. Just for you Ray! []
  3. And save $129.99 in the process []
  4. Hell, a permanent irreversible coma is only a WPI of 80. []
  5. Remember, just add 18 to the WPI! []
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
27
2008
0

Two More Calculator Features!

Not a new calculator

Not a new calculator

Last week, at the request of a paid subscriber, I added a new permanent disability rating calculator feature.[1] [2] Prior users had asked about incorporating an automatic dollar value of permanent disability or “money chart”  For the reasons I described in that prior post, I just couldn’t think of a good way to incorporate an automatic calculation of the monetary value of permenant disability.

New Paid Subscriber Feature

New Calculator

New Calculator

Once I added this feature, I realized there were at least two more instances when an automatic calculation of dollar value of permanent disability might come in very handy: when calculating the Multiple Disabilities Table[3] or Combined Value Chart[4] values from combining one or more permanent disability ratings.

Now, when a paid subscriber calculates the CVC or MDT of multiple ratings, the calculated combined rating is fed to the dollar value of permanent disability calculator and the dollar value calculated.

  1. Old calculator photo courtesy of ansik. []
  2. New calculator photo courtesy of dan taylor. []
  3. 1997 Permanent Disability Rating Schedule []
  4. 2005 Permanent Disability Rating Schedule []
Oct
23
2008
0

New Calculator Features!

Running Puppy

This puppy has nothing to do with this post whatsoever.

Last Friday I announced some “website tweaks.”  Since then a paid subscriber[1] reiterated a feature request.[2] As a paid subscriber, he is able to calculate an unlimited number of ratings so that they all show up on a single page.  Basically, he wanted to be able to see the dollar value for a particular permanent partial disability percentage at the same time as a rating.

This isn’t the first time I’ve wrestled with the problems in creating such a feature.  There are several problems with incorporating this feature into the calculator’s page.

  1. The rating calculator and the dollar value of permanent disability calculators cannot be open at the same time.
  2. The rating calculator does not require the date of injury, just the age of the injured worker.  Without the date of injury, the website cannot properly display the dollar value of a permanent partial disability percentage.
  3. When a paid subscriber has performed more than one rating calculation on a page, the website cannot decide which rating string to convert into the equivalent number of dollars.

This exact feature had been suggested by other users in the past.[3]  My original thinking was that trying to accommodate this feature request would involve too many unknown variables.  After giving the matter some more thought, here’s what I’ve come up with:

  • Paid subscribers benefit from improved print formatting. Basically, I’ve created a special file that changes the way the calculator page looks when a paid subscriber is printing. [4]  Paid subscribers benefit from having the calculator page streamlined specifically for printing.
  • Paid subscribers can have more than one calculator open at a time. This one feature probably addresses 90% of this user’s concerns.  If you’re able to keep both calculators open at the same time, it should be easy to perform a rating and then turn the percentage into a dollar value.
  • Paid subscribers receive automatic calculations of dollar value of ratings. When a paid subscriber performs a rating calculation, the “Dollar Value of Permanent Disability” calculator automatically opens and the dollar value of the rating is automatically calculated.  The user will still have to adjust calculation to account for the year of the injury.  However, this is probably the most elegant solution to this issue.
  1. As opposed to a free subscriber []
  2. Thanks Marc! []
  3. And even some competitors!!! []
  4. The special file is actually just some CSS to optimize page for printing. []

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