Is Ogilvie II worse for Defendants than Ogilvie I?
You may not want to hear this, but Ogilvie II is probably worse for Defendants than Ogilvie I. 1 Check out page 32:
if within five years of the date of injury it later becomes clear that the employee’s individualized proportional earnings loss is significantly higher or lower than anticipated, a party may seek to reopen the issue of permanent disability by challenging the originally used DFEC adjustment factor.
I think we can expect to see a petition to reopen on any case that settled prior to 2/3/2009. 2
- Photo courtesy of Lawrence Whittmore [↩]
- February 3, 2009 is the day Ogilvie I came out. [↩]