Workers' Compensation

Robert G. Rassp on Ogilvie Formula for California Workers Compensation Cases

In this Emerging Issues Analysis, Robert G. Rassp summarizes the California Workers Compensation Appeals Boards en banc decision in Ogilvie I and II and sets forth the Ogilvie formula, step-by-step, with helpful practice pointers.
“On February 3, 2009, the WCAB issued its en banc decision in Ogilvie, which we refer to as Ogilvie I", explains Robert Rassp. “Defendants filed a Petition for Reconsideration that was granted by the WCAB. After allowing briefing of the legal issues from any interested parties and amicus parties, the WCAB on September 3, 2009 issued its Decision After Reconsideration, affirming and clarifying its decision in Ogilvie I. Both WCAB decisions in Ogilvie I and II are 6 to 1 split decisions.”
Rassp explains that the WCAB en banc decision in Ogilvie II is now binding precedent on all WCAB panels and judges and details how that decision affirmed and clarified Ogilvie I. He then analyzes the RAND studies, stating that “Before we provide a step-by-step discussion on how to rebut a scheduled DFEC adjustment and DFEC ranking under the 2005 PDRS, it is necessary to talk about the RAND studies that led to the 2005 PDRS in the first place.”
 Rassp next provides a useful Ogilvie glossary, and then he provides an important Ogilvie formula, which he recommends rather than using a commercially available "Ogilvie calculator". He walks the reader through the use of the detailed Ogilvie formula and discusses two issues that may arise while using the formula.
(Total Length of Article: 12 pp.)
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