On July 29, 2011, the California Court of Appeal, First Appellate District, issued its long awaited decision in Ogilvie v. Workers' Comp. Appeals Bd., which reversed the WCAB en banc decision and remanded the matter back to the WCAB to determine whether Ogilvie effectively rebutted the application of the 2005 Permanent Disability Rating Schedule. In its decision, the Court reversed use of an individualized diminished future earning capacity adjustment factor as a means to rebut a scheduled DFEC adjustment that came directly from the 2005 PDRS.
Robert G. Rassp, Esq. analyzes the Court's decision, explains the ramifications for practitioners, and shows why, despite the court's reversal and remand, the facts could prove good for the injured worker Wanda Ogilvie. Find out why by purchasing this Emerging Issues Analysis article today on the LexisNexis Bookstore.
Lexis.com subscribers can access the complete commentary, California Court of Appeal's Ogilvie Decision: Is Algebra Out and LeBoeuf In? Additional fees may be incurred. (approx. 12 pages)
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