The First District Court of Appeal’s decision in the Ogilvie case will stand. The California Supreme Court this morning rejected the City and County of San Francisco’s petition for review. The First District’s decision largely supports the Workers’ Compensation Appeals Board’s (WCAB) contention that the diminished future earnings capacity (DFEC) adjustment in the calculation of permanent disability awards could be rebutted. But it disagreed with the WCAB’s methodology and remanded the case to the board to further develop the record on how rebuttal can occur. The Workers’ Compensation Appeals Board will be responsible for creating a new calculation methodology…looks like more Ogilvie calculation seminars will be on the rise!
We at Medical Legal Experts Medical Inc. will keep you posted to the new changes. All our Functional Capacity Evaluations are compliant with recent state and federal laws.