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..  ((Photo courtesy of eliaspunch))  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.” ((Ogilvie II, p1-2.))

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? ((Perhaps just a print-out from PDRater?  ;) ))
  • Vocational testimony/evidence regarding earnings?
  • Proof of attempts to seek employment/motivation?
  • Something else?

Share your insight with an e-mail or comment.

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 nerd.  ((Can you believe someone already owns WCExec.com???  What a perfect domain name for the workers’ compensation executive committee!)) ((I kid because I love!))

Some very kind, but ultimately uninformed, person assured me that I was not a nerd after all.  ((Glasses notwithstanding.))  ((Photo courtesy of this person.))  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’ compensation ((Without MCLE in sight!))
  • 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.

Suds & Sushi
Suds & Sushi

I just spent the last several days up in Yosemite.  ((The Tenaya Lodge in Fish Camp, actually.  Its about 3 miles south of the South Entrance to Yosemite))  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.  ((The sushi place has very mixed reviews.)) ((Interestingly, none of the reviewers asks the critical question, “Where the hell are they getting their fish???”))  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.  ((I’m not kidding, they really did barf.))

Cal-Osha Reporter
Cal-OSHA Reporter

The publisher of Cal-OSHA Reporter is offering free Premium Content subscription to out-of-work safety and industrial health professionals. So, if you know someone in the safety or occupational safety community, involved with OSHA compliance, safety compliance, a member of American Society of Safety Engineers (ASSE) or American Industrial Hygiene Association (AIHA), be sure and let them know.