Managing Employee Injuries and Disability and Occupational Safety

d. Temporary Partial Disability Temporary partial disability indicates a condition which permits the employee to perform some occupational functions. When a compensable injury causes temporary partial disability, the disability payment is two-thirds of the weekly wages lost during the period of disability. Labor Code Section 4654. e. Employed If an employee is able to obtain some employment despite the incapacity, the employee shall be entitled to a compensation benefit based on wage-loss. Labor Code Section 4657. f. Unemployed If the injury causes temporary partial disability, the disability payments shall be two-thirds of the weekly loss in wages during the period of such disability. g. Light Duty An employee must accept light duty employment within the employee’s capabilities when offered by the employer. In addition, an employee must make an effort to obtain employment within his capabilities. If the employee is unemployed due to his own desire, the WCAB may determine his probable earning ability for the purpose of computing wage-loss compensation for partial disability. Whenever a decision to offer light duty is made, medical evidence will be necessary to determine the exact limitations on the employee. If the employer offers work to a temporarily partially disabled employee which is within the employee’s temporary limitations and the employee declines the offer of work, the employer may be relieved of further liability for temporary disability benefits. This subject is discussed more fully in the Chapter of this handbook entitled “Personnel Management and the Industrially Injured Employee.” 10. P ERMANENT D ISABILITY A permanent disability exists where the condition becomes substantially stationary, even though further medical treatment may be required. Permanent disability may be either total (rated 100%), a condition which renders an employee permanently and indefinitely unable to perform any gainful employment, or partial (rated less than 100%), a condition which is permanent and irreparable but which will, after a period of recuperation, allow the employee to pursue some form of gainful employment. Except for specified injuries conclusively determined to be permanent total disabilities, the determination of partial or total disability is made on the basis of two general schedules which are discussed below. However, such disability payment shall be reduced by the sum of unemployment compensation and extended duration benefits the employee receives.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 37