Ogilvie: Building the Case Part I

Building the case for a DFEC rebuttal

Q: How do you build the case for a DFEC rebuttal? A: One step at a time.

There’s a lot of conflicting information about what Judge’s are requiring to making a finding of a DFEC rebuttal under Ogilvie v. City and County of S.F.1  The Board in Ogilvie II is explicit that all you need is post-injury earnings information for the injured worker and similarly situated employees and “simple mathematical calculations with that wage data” using a “non-complex formula.”2

Unfortunately, calling a process “simple” and “non-complex” doesn’t necessarily make it so.  Apparently some Judges are requiring some additional showing beyond wage data and “simple calculations.”

What are Judges in your area requiring?

  • Just wage data and calculations?3
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

  1. Photo courtesy of eliaspunch []
  2. Ogilvie II, p1-2. []
  3. Perhaps just a print-out from PDRater?  ;) []



Success??? Where do I sign up?

In my tradition of sharing my fortunes1 with you, I present my latest fortune cookie fortune.

I like to think I earned this one.  I ordered mu shu from the same place as last time.  So far so good.


  1. Both good and bad… []

Objection withdrawn

Nuff said

'Nuff said

This last weekend while attended a meeting of the Executive Committee of the Workers’ Compensation Section of the State Bar of California I referred to myself as a workers’ compensation nerd12

Some very kind, but ultimately uninformed, person assured me that I was not a nerd after all. 3 4  Let’s step back for a minute and examine the facts.  At that very moment I was:

  • Taking a few days off work to attend a meeting about workers’ compensation5
  • Inside a conference room with about twenty other workers’ compensation attorneys
  • Awake at 8:30 AM on a Friday morning pontificating about Ogilvie math
  • Sitting in front of my laptop, typing about workers’ compensation
  • Making notes in my blog about workers’ compensation

Clearly, we need to have a heart-to-heart about “substantial evidence.”

Well, last night I received an e-mail stating that they had seen this website and offered this retraction:

“I must actually withdraw my objection to your calling yourself a workers’ comp nerd.”

They must have seen my walk through posts.

  1. Can you believe someone already owns  What a perfect domain name for the workers’ compensation executive committee! []
  2. I kid because I love! []
  3. Glasses notwithstanding. []
  4. Photo courtesy of this person. []
  5. Without MCLE in sight! []
Written by Jay Shergill in: Author,Blogging |


Suds & Sushi

Suds & Sushi

I just spent the last several days up in Yosemite. 1  Driving back home I saw the BEST sign.  It was so good I immediately pulled off the road to take this picture.

I have a hard time understanding how a sushi place in Oakhurst could possibly have fresh fish. 23  That they’re sandwiched between a laundromat and the front office for a construction company makes me even more wary.

One person in my car got sick after just driving past this place. 4

  1. The Tenaya Lodge in Fish Camp, actually.  Its about 3 miles south of the South Entrance to Yosemite []
  2. The sushi place has very mixed reviews. []
  3. Interestingly, none of the reviewers asks the critical question, “Where the hell are they getting their fish???” []
  4. I’m not kidding, they really did barf. []
Written by Jay Shergill in: Road Warrior | Tags: , , ,

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