Tag: Permanent Disability
First off, if you haven’t already downloaded Ogilvie II and Almaraz/Guzman II, do so now!
As I mentioned previously, each of these cases is about 50 pages long, so there is clearly no substitute for reading them for yourself. However, here’s Ogilvie II and Almaraz/Guzman II in five sentences:1
- Ogilvie v. WCAB II:
- The WCAB ruled the original Ogilvie (I) formula is still valid.
- The WCAB appears to have created a right to reopen a case for “individualized proportional earnings loss.”
- Vocational testimony is not an appropriate way to dispute the DFEC portion of the 2005 Permanent Disability Rating Schedule.
- (Bonus Dissent Summary: The lone dissent by Caplane says that vocational testimony should be considered proper rebuttal to an entire permanent disability rating.)
- Almaraz/Guzman II:
- The WCAB ruled that a doctor must issue reports within the “four corners” of the AMA Guides 5th Edition to comply with Labor Code Section 4660(c). 2
- However, either party may obtain rebuttal evidence in the form of supplemental reports and depositions regarding the use of any other chapter, method, or table within the AMA Guides.
- (Bonus Dissent Summary: The dissenting opinion from Brass, Caplane, and Moresi says they would affirm their decision in Almaraz/Guzman I.)
What do these cases mean for the practitioner?
- The WCAB has created a new right to reopen for a higher than expected “individualized proportional earnings loss.”
- The Ogilvie Mathematical Proof of 18 Point Add-Ons still stands.
- I see even more doctor depositions in my future.
- My phone is going to be ringing off the hook tomorrow.
It turns out that this website is actually in the top 5% of all blogs in the WORLD. Where did I get this incredible statistic? The Internets, of course.1
While there are some 133,000,000 blogs in the world, all but 7,400,000 of them have been abandoned. 2 Since I add a blog post on average at least once a week, I’m quite safely in the top 7.4 million blogs. That doesn’t even count the number of updates to the permanent impairment and permanent disability calculators.
Top 5%! I wish I had prepared a speech.
Unfortunately, one of the coolest features of my calculators is that some of them will give you the answer you’re looking for before you’ve even finished typing the search term. This works with the:
- EAMS body part code finder
- EAMS document title finder
- EAMS document type finder
- EAMS registered offices search function
- DWC forms finder
- Dollar Value Calculator (“Money Chart”)
- Life Expectancy Calculator
While these are all very cool while you’re sitting at your computer, I found out (much to my dismay) that this system didn’t work at all when using these online calculators from my cell phone! 1 Well, I’ve updated the calculators to make them more compatible with more phones.2
Save yourself from your own workers’ compensation claim and just leave that heavy rating manual at home.
I was at the San Jose WCAB on Friday. Since recently discovering that I could run this website’s permanent disability rating calculators from my phone’s web browser, this was the first time I left my rating manual, money chart, and date wheel in the car.1
It was great. That morning I used my phone to:
- Find the ADJ number associated with the legacy SJO number on my file
- Calculate an Ogilvie adjustment of a rating string
- Calculate the number days between two dates
- Perform old and new schedule ratings
- Perform a CVC (combined values chart) calculation2
The benefit for me is not so much that I don’t have to carry the rating manuals, dollar value charts, and date wheels. Unlike these tools, my phone is not something I’m going to misplace or loan and never see again.
The best part is that if I want to refer back to the calculation I just performed, I can just e-mail it to myself!