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By Robert T. Reville

Systemically evaluates the California everlasting incapacity scores method used ahead of the state's contemporary laborers repayment.

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Extra info for An Evaluation of California's Permanent Disability Rating System

Example text

7 In contrast, the chapter dealing with upper extremities in the fifth edition of the AMA Guides (Chapter 16) is 89 pages long. Subjective Factors The California permanent disability rating schedules traditionally have considered subjective manifestations of impairment in evaluating injuries. 42), as they are known in California, were among the sources of controversy in the recent SB 899 reforms. The guidelines for considering the subjective manifestations are explained in Section 9727 of the Rules issued by the administrative director of the Division of Industrial Accidents: Section 9727.

The standard rating was increased or decreased depending on whether the physical demands for each occupation were considered relatively greater or less than those for the ditch digger for the particular part of the body involved. Similarly, if the worker were over 39, the disability rating was increased, and if the worker was under 39, the rating was decreased. Thus, the 1914 schedule determined for each case a permanent disability rating based on the nature of the worker’s injury, the particular occupation, and the worker’s age at the time of injury.

For example, physical performance may be limited in activities such as walking, climbing, reaching, and hearing; furthermore, the worker’s emotional and mental performance may be adversely affected or limited. Functional limitations, in turn, are likely to result in a disability, of which there are two types: work disability (WD) and nonwork disability (ND). Work disability can be thought of as having two phases: (1) loss of earning capacity (LEC), which results in (2) actual wage loss (AWL). In a strict sense, these two aspects of work disability must accompany one another.

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