Managing Employee Injuries and Disability and Occupational Safety

The basic premise in rating permanent disability is that the disability is rated, not the pathological condition, nor the symptoms. Thus, the permanent effect upon the employee’s ability to work is what is rated. The “Schedule for Rating Permanent Disabilities” categorizes various disabilities with respect to the bodily part or function involved, and a number is assigned to each listed disability.

d. Statutory Conclusive Presumption Any of the following permanent disabilities shall be conclusively presumed to be total:

 Loss of both eyes or the sight thereof;

 Loss of both hands or the use thereof;

 An injury resulting in a practically total paralysis; and

 An injury to the brain resulting in incurable imbecility or insanity. Labor Code Section 4662.

e. Guidelines for Work Capacity Many common industrial injuries may be rated based upon the relative loss of the employee’s ability to engage in common types of occupational effort (e.g., lifting, carrying, pushing, pulling, bending). The guidelines may be applied to rate the degree of impairment for injuries involving the spine, heart, lungs, abdomen or lower extremities. (valid until 1-1-05). f. Mechanics of Computing the Rating (Until 1-1-05) At the end of this Chapter are excerpts from the disability rating schedule which will be referred to in this section:

 List of Disabilities and Standard Ratings

 List of Occupations and Occupational Group Numbers

 Column for Disability Occupational Combinations

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Standard Range of Ratings

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Variations for age

g. Nature of the Impairment The first step in rating a disability is to clearly identify the employee’s impairment and find the description most nearly corresponding on the rating schedule. The degree of impairment is commonly called the “standard rating.” For example, a back disability precluding heavy lifting, repeated bending and stooping translates into a 25% standard rating under the work capacity guidelines. This rating may be adjusted up or down depending upon the employee’s age and occupation.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 40