Getting an upgrade!
Getting an upgrade!

Late last week a user asked for a new feature. ((Thanks Dennis!))  He wanted to be able to perform the Ogilvie DFEC rebuttal calculation and have the results e-mailed to him. ((Photo courtesy of Vernhart)) Well, I built it! ((Why, what did you do with your Saturday morning?))

To e-mail yourself a calculation, perform the calculation as normal.  When the website returns your calculation, it will say “E-mail Me!”  Just click that button and it will send an e-mail to the address you used to register for this website.

However, here’s the cool part:  I’ve installed this new e-mail system into every calculator!  ((I haven’t installed it in some of the EAMS lookup functions)) No more having to copy and paste!  Just click one button and your calculation will show up in your inbox! ((If you filled in the boxes for Applicant, WCAB #, and File #, it will include this information in your e-mail as well.  This is only for your convenience and not a requirement.))

Although I intend this to be a paid-subscription-only feature, I am going to leave it open for all users while I get some feedback.  So, what do you think?  Please leave a comment or shoot me an e-mail!

Could THIS be the elusive Ogilvie formula?
Could THIS be the elusive Ogilvie formula?

So, here’s the deal:  I want to build the absolute most comprehensive suite of calculators and tools for workers’ compensation professionals.  ((Why?  Some people have wacky hobbies.  Maybe you build hockey arenas out of toothpicks.  I build workers’ compensation calculators and give them away for free.  If it will put you at ease, I hope to make money from advertising in the future.))  I also want your help to making them better.

In the last few days several people have sent me questions about the Ogilvie DFEC workers’ compensation calculator: ((Photo courtesy of nerissa’s ring))

  1. Is it possible to get an Ogilvie DFEC adjusted whole person impairment above 100%?
    • I believe it might be theoretically possible to achieve an adjusted whole person impairment above 100% using the Ogilvie DFEC formula.  I could easily include a small variation on the calculation that would prevent it from exceeding 100, but I have not done so because I wanted to replicate the the formulas set forth in Ogilvie as exactly as possible.
  2. Why can’t I use post-injury earnings of $0.00?  What if they have no earnings at all?
    • That’s an extremely valid point.  If you try to use a post-injury earnings of “zero”, it will cause division by “zero” which is not a mathematically legal operation.  Try post-injury earnings of $1.00 or $0.01.  Doing so will give you an answer VERY close to what you need.  ((I know it has a less than friendly error message about this. I’ll see what I can do about fixing that.))
  3. When do you round each calculation when performing the Ogilvie DFEC calculation?
    • The WCAB en banc in Ogilvie rounds to three decimal places at one step and to four decimal places at a second step.  The only way we know what they actually did is by extrapolating from the examples in the decision – they never actually state “round to four significant digits here, round to three significant digits there.”  I have rounded exactly as they did in their examples.
    • At the end of the day, there are two ways to perform the Ogilvie DFEC calculation:  the exact way the WCAB did it (sometimes four, sometimes three decimal places) and the way they probably intended to do it (four decimal places until the end).  I made the judgment call to use the formula as they performed it, warts and all.
    • Why did I choose to round as the WCAB did?  I think it is more defensible to calculate exactly as the Board did, rather than as I think the Board should have calculated.
  4. How do you put the Ogilvie DFEC adjusted whole person impairment into the rating calculator?
    • At this point, you can’t use a different FEC Rank or an Ogilvie DFEC adjustment factor in the 2005 PDRS rating calculator on this site.  In order to accomodate this, I would need to either rewrite the entire calculator or write a new calculator.  One other possibility is that I could modify the Ogilvie DFEC calculation to provide one extra line of information – where it “runs the FEC numbers backwards.”
    • Let’s take this example:  Suppose the body part FEC rank is 1 and whole person impairment is 10.  The normal FEC adjusted whole person impairment would be 11.  Let’s suppose after applying the Ogilvie DFEC formula it turns out you should have an FEC rank of 8 instead.  This would give you an Ogilvie DFEC adjusted whole person impariment of 14%.  I could write a modification of the current Ogilvie DFEC calculator to put 14% into the FEC Rank chart and look up what whole person impairment you would need with an FEC rank of 1 to arrive at 14%.  Would you find this a helpful interim fix?  Please let me know by sending me an e-mail.
  5. Jay, why in the world did the Ogilvie DFEC calculator reference “standard disability”?  Shouldn’t it say “whole person impairment”?
    1. You’re totally correct.  I’ve fixed this.  Mea culpa.

Here’s my request for your help.  In order to make an Ogilvie calculation valid, you need to put in valid post-injury earnings of similarly situated employees.  The WCAB in Ogilvie suggests several possible sources: ((I’ve copied the links directly from Ray Frost‘s Ogilvie spreadsheet/calculator.  Ray has been kind enough to allow me the use of his extensive work restrictions lists.  So, thanks Ray!))

What do you use for post-injury earnings of similarly situated employees?  If I had a better idea where people were looking it is possible that I might be able to automate the inclusion of this informaiton as well.  Please drop me a line and let me know.   If there is a general consensus, I’ll look into the possiblity of having this informaiton automatically imported from an external website.

Workers Compensation Calculator
Workers' Compensation Calculator

I had an interesting e-mail exchange with a friend (and fellow workers’ compensation professional) the other day. ((Photo courtesy of Street Fly JZ))

We were discussing the impacts of Ogilvie on 2005 schedule ratings.  He had asked me whether I intended to update the 2005 permanent disability rating calculator to include FEC Ranks after the scheduled 8.  I believe he had suggested FEC Ranks 9 through 20.

I have no intention of manufacturing FEC Ranks 9 through 20 for the following reasons:

  • Maintaining Standards. The entire point of a rating schedule is to allow a standardized method for calculating disability and expressing those disability calculations.   If I invented my own FEC Rank system beyond the scheduled 1-8 Ranks, I would essentially be creating my own rating calculation system.  I’ve gone to considerable lengths to ensure that the rating strings produced by these permanent disability calculators are as standardized, recognizeable, and universal as possible.
  • FEC Ranks are Irrelevant. The FEC Rank system is a simplified method of applying DFEC adjustment factors.  When you use the FEC Rank of a particular body part to adjust the standard using the charts on pages 2-6 and 2-7 of the 2005 PDRS (permanent disability rating schedule), what you’re really doing is essentially multiplying your standard disability against the FEC adjustment factor associated with the particular FEC Rank for the body part in question.  An FEC Rank is only useful for telling you the appropriate FEC adjustment factor to apply to the standard disability.  Thus, FEC Ranks are irrelevant and FEC adjustment factors are all important.
  • Arbitrary FEC Ranks. FEC Rank 1 has an FEC adjustment factor of “1.100”.  However, using the Ogilvie DFEC rebuttal formula, it is possible to end up with very low FEC adjustment factors.  In extreme circumstances it would be possible to have a negative FEC adjustment factor.  The only way to resolve this would be to have several possible negative FEC Ranks.  Besides being somewhat silly, worrying about additional FEC Ranks ((Both higher and lower than the normal 8)) misses the point.  If you’re using the Ogilvie DFEC rebuttal formula properly, the result will be a new FEC adjustment factor.  If you already have the FEC adjustment factor, you have no need for the FEC Rank!

When I had discussed the impact of Ogilvie earlier, I had pointed out that in some cases the resulting formula will dictate that you use a different FEC Rank than the one indicated by the affected body part.  In other cases you will need to use an entirely new FEC adjustment factor.  In order to keep the 2005 disability calculator current I will eventually have to create a way for the user to override a body part’s standard FEC Rank and specify a new FEC Rank or their own FEC adjustment factor.

I’m not in any particular rush to develop this feature since Ogilvie seems to require three years of post-injury earnings.  I doubt we’re going to see litigation begin in earnest over Ogilvie issues for another 18 to 24 months.

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. ((Old calculator photo courtesy of ansik.))  ((New calculator photo courtesy of dan taylor.)) 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 ((1997 Permanent Disability Rating Schedule)) or Combined Value Chart ((2005 Permanent Disability Rating Schedule)) 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.

Running Puppy
This puppy has nothing to do with this post whatsoever.

Last Friday I announced some “website tweaks.”  Since then a paid subscriber ((As opposed to a free subscriber)) reiterated a feature request. ((Thanks Marc!)) 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. ((And even some competitors!!!))  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.  ((The special file is actually just some CSS to optimize page for printing.))  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.