LexisNexis® Legal Newsroom
Ogilvie Rebuttals: The “Skinny” on Shini and Others

California WCAB clarifies scope and type of evidence for rebutting a scheduled DFEC rating The WCAB issued its dual decisions in Wanda Ogilvie vs. City and County of San Francisco ( 74 Cal. Comp. Cases 248 for Ogilvie I and 74 Cal. Comp. Cases 1127 for Ogilvie II, both WCAB en banc decisions...

The Ogilvie Burden

The Ogilvie opinion held in significant part that the Permanent Disability Rating Schedule (PDRS) is rebuttable and, more specifically, the Diminished Future Earnings Capacity modifier (DFEC) is rebuttable. Thus, an injured worker may be allowed to show that his or her permanent disability award should...

California: Ogilvie Reversed – Confusion Reigns

The 1st District Court of Appeal has issued its decision in the combined cases of Ogilvie v W.C.A.B./ City and County of SF v WCAB reversing the W.C.A.B. en banc decision but upholding the concept of a rebuttable schedule. In its decision the Court specifically finds the W.C.A.B. exceeded its authority...

California: The Ogilvie DCA Decision: Is Algebra Out and LeBoeuf In?

By Robert G. Rassp, Esq. On July 29, 2011, the First District Court of Appeal issued its long awaited decision on Wanda Ogilvie vs. WCAB . The decision reverses the WCAB en banc decision and remands the matter back to the WCAB to determine whether Ogilvie effectively rebutted the application of the...

California: Did You Know? There’s More to the Ogilvie Case Than You Think!

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...

California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if...

California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if the...