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| Case Name | Ogilvie vs. City and County of San Francisco | |
|---|---|---|
| Date | 02/03/2009 | |
| Note | (1) the DFEC portion of the 2005 Schedule is rebuttable; (2) the DFEC portion of the 2005 Schedule ordinarily is not rebutted by establishing the percentage to which an injured employee's future earning capacity has been diminished; (3) the DFEC portion of the 2005 Schedule is not rebutted by taking two-thirds of the injured employee's estimated diminished future earnings, and then comparing the resulting sum to the permanent disability money chart to approximate a corresponding permanent disability rating; and (4) the DFEC portion of the 2005 Schedule may be rebutted in a manner consistent with Labor Code section 4660. | |
| Citation | ADJ1177048 (SFO 0487779) | |
| WCC Citation | WCC 34882009 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ1177048 (SFO 0487779) WANDA OGILVIE, Applicant, vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured, Defendant(s). OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) We granted the petition for reconsideration of defendant, the City and County of San Francisco, to allow time to further study the record and applicable law. AWARD AWARD IS MADE in favor of WANDA OGILVIE and against the CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured, of: (a) All further medical treatment reasonably required to cure or relieve from the effects of the injury. Moreover, "Bus Drivers, Transit and Intercity" for San Francisco County is one of the very few regional occupational groups for which wage data is not listed for certain years. Also, analogies conceivably could be made to "Bus Drivers, Transit and Intercity" for another county or counties in the Bay Area.
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