Managing Employee Injuries and Disability and Occupational Safety

If, within 60 days of disability becoming permanent and stationery, and the employer does not offer the injured employee regular work, modified work, or alternative work, permanent disability is increased by 15%. This does not apply to employers with fewer than 50 employees. If, within 60 days of a disability becoming permanent and stationery, and the employer offers the injured employee regular work, modified work or alternative work that lasts at least 12 months permanent disability will be decreased by 15%. The regular work, modified work, or alternative work must pay 85% of the pre-injury salary. If the regular work, modified work, or alternative work is terminated by the employer before the end of the period for which disability payments are due to the injured employee, the amount of each remaining disability payment shall be increased by 15%. An employee who voluntarily terminates employment shall not be eligible for an increase in disability. This will not apply to employers with fewer than 50 employees. l. Apportionment of Permanent Disability Benefits (until 4-19-04) In case of aggravation of any disease or condition existing before a compensable injury, compensation shall be allowed only for the proportion of the disability due to the aggravation of the prior disease which is reasonably attributed to the injury. Labor Code Section 4663. Note that in most cases, apportionment is denied unless the employer can show that the prior disease or injury was actually disabling. Apportionment may apply so as to reduce permanent disability benefits. m. Apportionment of Permanent Disability Benefits (after 4-19-04) The employer will only be liable for the percentage of permanent disability directly caused by the injury arising out of and occurring in the course of employment. Therefore, if the injured worker had pre-existing non-disabling pathology, which contributes to the overall level of permanent disability, the employer will not be liable for that portion of the disability. If the injured worker has a prior award of permanent disability it will be conclusively presumed that the prior permanent disability exists at the time of any subsequent injury. Accumulation of all permanent disability awards with respect to any one region of the body shall not exceed 100% over the employee’s lifetime, unless the employee’s injury area list is conclusively presumed to be total in character pursuant to Labor Code Section 4662. The regions of the body are defined as: hearing; vision; mental and behavioral disorders; the spine; the upper extremities, including the shoulders; the lower extremities, including the hip joints; and, the head, face, cardiovascular system, respiratory system and all other systems or regions in the body not listed previously. n. Compensation for Both Permanent and Temporary Disability Where an injury causes both temporary and permanent disabilities, the injured employee is entitled to compensation for permanent disability in addition to any payment previously received for temporary disability. Labor Code Section 4661. For injuries on or after January first, 2013, the 15 percent adjustment, both up and down, has been eliminated.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 42