Sep
16
2009
0

The Role of Rehab Experts after Ogilvie II

Oh, if only rehab was this easy...
Oh, if only rehab was this easy…

Vocational experts seem to have gotten pretty well trampled by the recent Ogilvie I and Almaraz/Guzman I en banc decisions.  The Ogilvie II and Almaraz/Guzman II en banc decisions didn’t do them any favors either.

As far as I can tell, the WCAB[1] in Ogilvie II basically flip flopped on the role of vocational experts.  Under Ogilvie I at least one very entrepreneurial vocational counselor was making money performing the Ogilvie I formula adjustments and offering to testify to support their findings.[2]

The Workers’ Compensation Appeals Board in Ogilvie II has very explicitly stated that vocational experts are not necessary when it comes to performing the Ogilvie I formula adjustment – since it is an objective and retrospective calculation.

This leaves open the question of whether vocational expert testimony is only relevant when defending against an Ogilvie argument.

  1. Well, eight of the commissioners anyhow. []
  2. I received more than one letter demanding agreement to a vocational counselor under Ogilvie I. []
Apr
14
2009
0

WCAB Solicits Amicus Briefs on Weiner VR Repeal Case

The WCAB is soliciting suggestions on vocational rehabilitation

The WCAB is soliciting input on vocational rehabilitation

The WCAB has just issued an “Order Allowing Amicus Briefs” (en banc) in the Weiner v. Ralph’s Company case.[1] The Weiner case is about the effect of the legislature’s repeal of Labor Code Section 139.5 as of January 1, 2009.  The repeal of this statute may have the effect of terminating all rights to vocational rehabilitation.

For the curious, you can download a copy of the Order Allowing Amicus Briefs (en banc) here:

The Board is allowing until May 11, 2009 for any interested party to file their own amicus brief on these Weiner vocational rehabiltiation issues.

  1. Photo courtesy of Mathoov []

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