7. Permanent Disability, Temporary Disability etc 1 Flashcards
What are the definitions of Permanent Disability and Temporary Disability?
Permanent Disability refers to a long-lasting or lifelong condition that significantly impairs a person’s ability to work. Temporary Disability on the other hand is a health condition that prevents an individual from working for a limited period but may improve over time.
What is the significance of the term ‘Voucher’ in the context of disability payments?
In the context of disability payments a ‘Voucher’ typically refers to a financial assistance tool provided to individuals to cover specific costs associated with temporary or permanent disability such as vocational rehabilitation or job placement services.
What guidelines are referred to by the term ‘AMA Guides’ in the context of disabilities?
The ‘AMA Guides’ refers to the American Medical Association Guides to the Evaluation of Permanent Impairment. These guidelines provide a framework for assessing an individual’s impairment and determining the degree of disability aiding in compensatory processes.
How long do aggregate disability payments for a temporary disability last for injuries before January 1 1979?
Aggregate disability payments for a single injury occurring before January 1 1979 causing temporary disability may not exceed 240 compensable weeks within a five-year period from the date of the injury.
What are the limits for aggregate disability payments for temporary partial disability injuries between January 1 1979 and April 19 2004?
For a single injury occurring between January 1 1979 and April 19 2004 causing temporary partial disability aggregate payments shall not exceed 240 compensable weeks within a five-year period from the date of the injury.
What is the duration limit for aggregate disability payments for temporary disability for injuries occurring on or after April 19 2004?
Aggregate disability payments for a single injury occurring on or after April 19 2004 causing temporary disability is limited to 104 compensable weeks within a two-year period from the date that temporary disability payments commence.
Are there any specific restrictions or conditions for injuries occurring after January 1 2008 regarding disability payments?
The text indicates that injuries occurring after January 1 2008 may have further limitations or specifics regarding aggregate disability payments but the details are not fully provided in the given excerpt.
What is the maximum number of compensable weeks for temporary disability from an injury occurring on or after April 19 2004?
The maximum number of compensable weeks for temporary disability from an injury occurring on or after April 19 2004 is 240 weeks within a period of five years from the date of the injury.
Which conditions are specifically listed that limit aggregate disability payments to 240 compensable weeks?
The conditions specifically listed that limit aggregate disability payments to 240 compensable weeks include: A) Acute and chronic hepatitis B B) Acute and chronic hepatitis C C) Amputations D) Severe burns E) Human immunodeficiency virus (HIV) F) High-velocity eye injuries G) Chemical burns to the eyes H) Pulmonary fibrosis and I) Chronic lung disease.
What is the definition of ‘compensable weeks’ in the context of disability payments?
Compensable weeks refer to the period during which an employee is eligible to receive disability payments due to temporary disability resulting from a work-related injury or condition.
How do the rules for temporary disability payments differ for injuries defined in Section 3212.1 occurring on or after January 1 2023?
For employees who suffer from an injury or condition defined in Section 3212.1 aggregate disability payments for a single injury occurring on or after January 1 2023 causing temporary disability shall not extend for more than 240 compensable weeks.
What does ‘temporary disability’ imply in the context of this document?
Temporary disability implies a condition where an employee is unable to perform their regular work duties due to an injury or illness for a limited period leading to eligibility for disability payments.
Are there any exceptions to the 240 compensable weeks limit on aggregate disability payments?
Yes the 240 compensable weeks limit applies specifically to certain injuries or conditions as outlined but other specific statutes may apply depending on the type of injury.
What are the implications of the 240 weeks maximum for employees with severe injuries or chronic conditions as listed?
The implications are that employees experiencing severe injuries or chronic conditions as listed will face a limit on the financial support they can receive over a five-year period from the date of injury potentially impacting their long-term recovery and financial stability.
When did the current regulations regarding maximum compensable weeks become effective?
The current regulations regarding maximum compensable weeks became effective on January 01 2023.
What are the categories of chemical injuries mentioned and how do they affect compensable weeks?
The categories of chemical injuries mentioned include chemical burns to the eyes. Such injuries may limit the compensable weeks to 240 under the specified regulations.
What factors determine the eligibility for compensable weeks in the context of workplace injuries?
Eligibility for compensable weeks in the context of workplace injuries is generally determined by the nature of the injury its severity the duration of temporary disability and the date of the injury relative to outlined regulations.
What is the definition of temporary partial disability in the context of wage loss?
Temporary partial disability refers to a condition where an injured employee is unable to perform some but not all of the tasks of their regular job leading to a reduction in their earning capacity.
How is the weekly loss in wages calculated for an employee with temporary partial disability?
The weekly loss in wages is calculated as the difference between the average weekly earnings of the injured employee and the weekly amount they are likely to earn during their disability taking into account the nature and extent of the injury.
What factors should be considered when determining probable earnings during a temporary disability?
Probable earnings should be determined with due regard to the ability of the injured employee to compete in an open labor market and should reflect the nature and extent of their injury.
What should be done if there is a lack of evidence for the exact loss of earnings due to temporary partial disability?
If evidence of exact loss of earnings is lacking the weekly loss in wages may be computed based on the proportionate loss of physical ability or earning power caused by the injury.
What is defined as ‘regular work’ in this context?
Regular work refers to the employee’s usual occupation or the position in which the employee was engaged at the time of injury which offers wages and compensation equivalent to those paid to the employee.
What is the importance of the definition of ‘regular work’ in the context of wage loss and disability?
The definition of regular work is crucial as it establishes the benchmark for calculating the average weekly earnings and determining the wage loss attributable to the injury.
As of what date is the provided information current?
The information is current as of January 01 2023.
Who updated the information regarding temporary partial disability and wage loss calculations?
The information was updated by FindLaw Staff.
What does ‘time of injury’ refer to in this context?
Time of injury refers to the specific moment when an employee sustains an injury which is critical for determining benefits and compensation.
What is meant by ‘modified work’?
Modified work is regular work that has been adjusted so that the injured employee can perform all the functions of their job while providing wages and compensation that are at least 85% of what they were earning at the time of the injury located within a reasonable commuting distance from the employee’s residence.
Define ‘alternative work’ as used in the document.
Alternative work is defined as any job that the injured employee is capable of performing offers wages and compensation of at least 85% of what they were earning at the time of the injury and is located within a reasonable commuting distance from the employee’s residence.
What percentage of wages must modified or alternative work pay in relation to the wages at the time of injury?
Modified or alternative work must offer at least 85% of the wages and compensation that the employee was receiving at the time of the injury.
How is commuting distance relevant in the context of modified and alternative work?
Commuting distance is relevant because both modified and alternative work must be located within a reasonable distance from the employee’s residence to ensure accessibility and practicality.
What factors are considered to determine if wages and compensation are equivalent when evaluating modified or alternative work?
To determine if the wages and compensation are equivalent any increase in working hours over the average hours worked at the time of injury is considered.
Why is it important to define terms like ‘modified work’ ‘alternative work’ and ‘time of injury’?
Defining these terms is important for clarity in understanding the workers’ compensation system ensuring that employees know their rights and the compensation they are entitled to after an injury.
What is the significance of reasonable commuting distance in terms of employment after an injury?
Reasonable commuting distance is significant because it ensures that the injured employee can feasibly access their modified or alternative work without excessive travel which may further complicate their recovery and rehabilitation.
How do the definitions of ‘modified work’ and ‘alternative work’ ensure employee support after an injury?
These definitions ensure that injured employees are provided with job options that accommodate their capabilities while still maintaining financial stability through comparable wages.
What could be considered a reasonable commuting distance?
A reasonable commuting distance can vary based on local standards and the specifics of the employee’s situation but it typically ranges from a few miles to a maximum of about 30 miles considering factors like available transportation and travel time.
What is the main purpose of the rules regarding wages and compensation after an injury?
The main purpose is to determine whether wages and compensation are equivalent to those paid at the time of injury without considering the minimums and maximums set forth in Chapter 1 commencing with Section 4451.
How are actual wages and compensation defined according to the provided text?
Actual wages and compensation shall be determined without regard to the minimums and maximums set forth in Chapter 1 commencing with Section 4451.
What condition regarding the location of work can be waived by the employee after an injury?
The condition that regular work modified work or alternative work be located within a reasonable distance of the employee’s residence at the time of injury may be waived by the employee.
Under what circumstances is the condition regarding the location of work deemed to be waived?
The condition is deemed to be waived if the employee accepts the regular work modified work or alternative work and does not object to the location within 20 days of being informed of the right to object.
When is the condition regarding the location of work conclusively deemed to be satisfied?
The condition shall be conclusively deemed to be satisfied if the offered work is at the same location and the same shift as the employment at the time of injury.
As of what date does Section 4658.5 apply to injuries?
This section shall apply to injuries occurring on or after January 1 2004.
What is the significance of the conditions outlined in Sections related to work after injury?
These conditions are significant as they help determine the eligibility and requirements an employee must meet for accepted work post-injury thereby impacting compensation and rehabilitation.
What are the implications of accepting modified or alternative work for an employee?
Accepting modified or alternative work without objection may waive the condition regarding the location of that work which can affect their compensation and recovery process.
What are some factors that could come into consideration when evaluating an employee’s actual wages post-injury?
Factors include the nature of the work accepted the comparison of those wages to pre-injury wages and the specific circumstances stated in Chapter 1 Section 4451 pertaining to wage specifications.
What should an employee do if they do not agree with the location of the work offered post-injury?
If an employee does not agree with the location of work offered they should object to the location within 20 days of being informed of their right to object to avoid waiving the right.
What happens if the injured employee does not return to work within 60 days after temporary disability termination?
The injured employee shall be eligible for a supplemental job displacement benefit in the form of a nontransferable voucher for education-related retraining or skill enhancement.
What is the maximum voucher amount for permanent partial disability awards of less than 15 percent?
Up to four thousand dollars ($4000) for permanent partial disability awards of less than 15 percent.
