Wanda Ogilvie

On February 3, 2009, the WCAB issued an en banc decision addressing whether the diminished future earning capacity (DFEC) portion of the 2005 Permanent Disability Rating Schedule may be rebutted. Both applicant Wanda Ogilvie and defendant City and County of San Francisco (permissibly self-insured) filed timely petitions for reconsideration. The Board first determined that its February 3, 2009 decision constituted a 'final' order because it resolved a 'threshold' issue fundamental, critical, and basic to permanent disability benefits. The Board granted both petitions for reconsideration to allow sufficient opportunity to study the issues and issue a just and reasoned decision, and invited amicus curiae briefs given the significant public and community interest. Commissioner Aghazarian concurred but would have additionally stayed the legal and precedential effect of the February 3 decision pending the further en banc opinion.