A series of articles emphasizing practical
knowledge you can't find in practice guides
and interviews with experts who share
their techniques for effective and efficient
case management

 

How To Do It: Articles, Interviews &
Practice Tips

Articles emphasizing practical knowledge you can't find in practice guides

People Who Made A Difference
Profiles of people who changed workers’ compensation law.

• The Honorable Mervin N. Glow
• Jettie Pierce Selvig, Esq
• Barry J. Williams, Esq.
• Melissa C. Brown, Esq.
• William A. Herreras, Esq.

White Papers

Letters to the Editors

Meet the Editors
• Warren Schneider
• Marjory Harris


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Determine Initial Payment | Determine Future Payments
Discount Future Payments | Discount for Proability of Living
Add All Discounted Future Payments | Programming Considerations
Examples | Conclusion



3: DISCOUNT EACH FUTURE PAYMENT FOR INTEREST


Now the amount of the payment and its due date is known from the above sections.
The present value of that payment needs to be determined. The present value is the
amount of money that is needed to invest at a particular interest rate such that the
future payments can be made. The present value of a future particular payment is:



Where: m = 26.08875
t = number of two-week period
i = annual interest rate
PV = present value of $1.00 per week or $2.00 per 2-week period

This formula is based upon payments made every two weeks.

An interest rate of 3% is to be used for calculations of present value in workers compensation. LC 5101 states,

“The amount of the lump sum shall be determined as follows:
(b) If the injury causes permanent disability or death, the appeals board shall fix the total amount of the permanent disability payment or death benefit payable therefor in accordance with Chapter 2 of Part 2 of this division, and shall estimate the present value thereof, assuming interest at the rate of 3 percent per annum and disregarding the probability of the beneficiary's death in all cases except where the percentage of permanent disability is such as to entitle the beneficiary to a life pension, and then taking into consideration the probability of the beneficiary's death only in estimating the present value of such life pension.”


Example: Weekly rate of $800.00 per week. Interest rate 3% per annum.
The PV of the first payment is $1,598.188. The PV of the second payment is
$1,596.3784. The PV of the 10th payment is $1,581.9744.

The above formula is programmed as:

PV = 2*(1/(1+.03)^(1/26.08875))^t

Where t is the number of 2-week periods. Number of weeks is 2 x t.
Table 7 shows the present value of each payment for a 40-week period.


Table 7. Calculation of discount for interest



After 40 weeks of a payment of $1.00 per week or $2.00 every two weeks, the
present value due to interest is $39.5278. This matches Table 1 of the
Lexus-Nexus labor code section Tables and Schedules.

Example: Date of birth 1=6/1/1957; date of injury 1/1/06; payments start on 6/1/07;
date of commutation 6/1/07; weekly earnings $2000.00 per week. The maximum
earnings results in a maximum payment of $881.65. The 20th payment is due on
10/18/07. The discount factor for the 20th payment is 1.955189. The present value
of the 20th payment would be 1.955189 x 881.65 x 2 = $1,723.79. The present value of all 20 payments would be $34,849.68. Note that this is less than the payout value
of all payments, which would be 881.65 x 2 x 20 = $35,266.00.

It should be noted that Microsoft Excel has a financial function that uses the formula
given above that is basis of this program. However, the Excel answers are not
accurate enough to be useful. The differences are sometimes significant.

The results of using the method described here match exactly the commutation
table in the LexisNexis labor code Table 1.

The question may arise as to whether the discount for interest very nearly offsets
the increase for SAWW. The answer is yes if both interest discount and future
SAWW percentages were equal. They would very closely cancel each other. But the
answer is no if the interest is 3% and the future SAWW is 4.7%. The increase for
SAWW is far greater that the interest discount. The adjustment of present value for
interest discount and SAWW cannot be ignored.

For a life pension LC 5101 requires that the probability of the beneficiary’s death be
taken into account in determining the present value of the benefit. This is done in
the following section.




Determine Initial Payment | Determine Future Payments
Discount Future Payments | Discount for Proability of Living
Add All Discounted Future Payments | Programming Considerations
Examples | Conclusion


Present Value of
Total Permanent Disability

For Date of Computation in 2007
Warren Schneider and Stephen Schneider
Med-Legal, Inc.


In this article we discuss the problems and pitfalls
of Present Value.


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> Vocational Expert Witness
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