SCHEDULE FOR RATING PERMANENT DISABILITIES

PETE WILSON

GOVERNOR OF CALIFORNIA

SCHEDULE FOR RATING

PERMANENT DISABILITIES

UNDER PROVISIONS OF THE

LABOR CODE OF THE STATE OF CALIFORNIA

Compiled and Published by

STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF WORKERS' COMPENSATION

CASEY L. YOUNG

Administrative Director

April 1997

AUTHORITY

Labor code Section 4660, as amended effective July 16, 1993, provides:

4660. (a) In determining the percentage of permanent disability, account shall be taken of the nature of the physical injury or

disfigurement, the occupation of the injured employee, and his age at the time of such injury, consideration being given to t h e

diminished ability of such injured employee to compete in an open labor market.

(b) The administrative director may prepare, adopt, and from time to time amend, a schedule for the determination of t h e

percentage of permanent disabilities in accordance with this section. Such schedule shall be available for public inspection,

and without formal introduction in evidence shall be prima facie evidence of the permanent disability to be attributed to each

injury covered by the schedule.

(c) Any such schedule and any amendment thereto or revision thereof shall apply prospectively and shall apply to and govern

only those permanent disabilities which result from compensable injuries received or occurring on and after the effective date of

the adoption of such schedule, amendment or revision, as the fact may be.

(d) On or before January 1, 1995, the administrative director shall review and revise the schedule for the determination of t h e

percentage of permanent disabilities. The revision shall include, but not be limited to, an updating of the standard disability

ratings and occupations to reflect the current labor market. However, no change in standard disability ratings shall be adopted

without the approval of the Commission of Health and Safety and Workers' Compensation. A proposed revision shall be

submitted to the commission on or before July 1, 1994.

Pursuant to this authority, the Administrative Director has adopted this revised Schedule for Rating Permanent Disability effective

for injuries on and after April 1, 1997.

TABLE OF CONTENTS

Section

Page

1

Introduction and Instructions ........................1-1

2

Disabilities and Standard Ratings.................2-1

3

Occupations and Group Numbers .................3-1

4

Occupational Variants ................................. .4 -1

5

Occupational Adjustment ..............................5-1

6

Age Adjustment .............................................6 -1

7

Appendices ....................................................7 -1

A. List of Tables.............................. ........... ....7-1

B. Combining Multiple Disabilities ............ 7-12

SECTION 1 - INTRODUCTION AND INSTRUCTIONS

I.

Conceptual Framework ..................................................................................1-2

A.

B.

Indexes of Disability.............................................................................1-3

Components of Rating .......................................................................1-4

1.

2.

3.

4.

5.

6.

7.

II.

Guides for Rating .............................................................................................1-7

A.

B.

C.

D.

Objective Factors of Disability............................................................1-7

Subjective Factors of Disability..........................................................1-7

Work Capacity.......................................................................................1-8

Combining Disability...........................................................................1-8

1.

2.

3.

III.

Disability Number....................................................................1-4

Standard Rating........................................................................1-5

Occupational Grouping...........................................................1-5

Occupational Variant ..............................................................1-6

Adjusting for Occupation.......................................................1-6

Adjusting for Age.....................................................................1-6

Rating Formula ........................................................................1-6

Pyramiding ................................................................................1-9

Duplication................................................................................1-9

Overlap.....................................................................................1-10

Rules for Rating..............................................................................................1-11

A.

B.

C.

Rules for Scheduled Disabilities and Occupations......................1-11

Rules for Non-scheduled Disabilities............................................1-12

Rules for Non-scheduled Occupations..........................................1-14

1-1

SECTION 1 - INTRODUCTION AND INSTRUCTIONS

I. CONCEPTUAL FRAMEWORK

The purpose of the Schedule for Rating Permanent

Disabilities (hereafter referred to as the Schedule) is

to assist in the determination of equitable,

predictable compensation to injured employees for

the residual effects of industrial injury. To

determine the proper compensation, Labor Code

Section 4660 requires that "account shall be taken of

the nature of the physical injury or disfigurement,

the occupation of the injured employee, and his age

at the time of such injury, consideration being

given to the diminished ability of such injured

employee to compete in an open labor market."

The administrative director of the Division of

Workers' Compensation is authorized to adopt,

and from time to time amend, a schedule for the

determination of the percentage of permanent

disabilities in accordance with the statutory

requirements. The Schedule is prima facie

evidence of the percentage of permanent disability

to be attributed to each injury covered by the

Schedule.

The residual effects of industrial injury are

ascertained and described by physicians when the

employee's condition becomes "permanent and

stationary." A disability is considered permanent

after the employee has reached maximum

improvement or the employee¡¯s condition has been

1-2

stationary for a reasonable period of time.

Physicians provide information about the injured

employee's permanent impairment and

limitations, whether objectively measurable (e.g.,

amputation, loss of motion) or subjective (e.g.,

disabling pain). Physicians may also indicate work

restrictions are warranted either because the

employee cannot perform certain functions or

should not perform functions in order to prevent

further injury. The resultant medical findings and

conclusions are then translated into a permanent

disability rating based on procedures and

benchmarks set forth in the Schedule.

A permanent disability rating is a numeric

representation, expressed as a whole number

percent, of the degree to which the permanent

effects of the injury have diminished the capacity of

the employee to compete for and maintain

employment in an open labor market. Specific

impairments and work limitations are assigned

standard ratings in the Schedule. The range of

scheduled impairments and work limitations

creates a framework of benchmarks which

encompass most disabling conditions. Procedures

are defined for rating conditions which fall between

or outside the scheduled benchmarks.

Consistent with the statutory mandate, the standard

rating is adjusted to account for the occupation and

age of the injured employee at the time of injury.

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