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- Info
Resources
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IARP-DFEC Work Group White Paper
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The following are recommended standards for Vocational Rehabilitation Experts in California. This paper is prepared by the International Association of Rehabilitation Professionals (IARP) – Diminished Future Earning Capacity
(DFEC) Work Group and is intended to provide guidance to professionals assigning or performing Vocational Evaluations.
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Oglivie White Paper 10-15-11
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The issue of Future Earning Capacity has been addressed in Workers' Compensation cases in accordance with LC 4660. In 2009 a unique numeric formula was introduced in the case of Wanda Ogilvie v The City and County of San Francisco. In response to the Ogilvie case CA-IARP developed a White Paper that emphasized the importance of methodology. That case was recently overturned and remanded to the WCAB, thus the specific numeric formula applied in Ogilvie is no longer applicable but the issues around the FEC remain contested.
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Oglivie Final 9-28-11
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On July 29, 2011, the First District Court of Appeal issued its decision on Wanda Ogilvie v. WCAB. The decision reverses the WCAB en banc decision and remands the matter to the WCAB to determine whether Wanda Ogilvie effectively rebutted the 2005 PDRS. In its decision the Court rejected the use of the Diminished Future Earning Capacity (DFEC) formula created by the WCAB in the February 2009 decision.
This paper is a collaborative effort by the California Workers’ Compensation Advisory Board of the California Chapter of IARP, and
includes the thoughts and opinions of the committee members as well as the writings of Robert G. Rassp, Esq., Michael Sullivan, Esq., Dr. Robert Hall, Dr. Eugene Van de Bittner and Dr. Robert Cottle.
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