7. Permanent Disability, Temporary Disability etc 2 Flashcards
What is the voucher amount for permanent partial disability awards between 15 and 25 percent?
Up to six thousand dollars ($6000) for permanent partial disability awards between 15 and 25 percent.
What is the maximum voucher amount for permanent partial disability awards between 26 and 49 percent?
Up to eight thousand dollars ($8000) for permanent partial disability awards between 26 and 49 percent.
What is the maximum voucher amount for permanent partial disability awards between 50 and 99 percent?
Up to ten thousand dollars ($10000) for permanent partial disability awards between 50 and 99 percent.
What type of schools can the voucher be used for?
The voucher can be used for payment of education-related retraining or skill enhancement at state-approved or accredited schools.
What is Section 4658.6 regarding job displacement benefits?
Section 4658.6 outlines specific conditions and rules regarding supplemental job displacement benefits; details are not included in the prompt but are essential for understanding eligibility and benefits.
What are the acceptable uses of voucher moneys for retraining or skill enhancement as per the provided text?
The voucher moneys may be used for tuition fees books and other expenses required by the school for retraining or skill enhancement. Only up to 10% of the voucher moneys may be used for vocational or return-to-work counseling.
What regulations shall the administrative director adopt regarding the supplemental job displacement benefit?
The administrative director shall adopt regulations governing the form of payment direct reimbursement to the injured employee upon presentation of appropriate documentation and receipts to the employer and other matters necessary for the proper administration of the supplemental job displacement benefit.
What is the expiration timeline for a voucher issued on or after January 1 2013?
A voucher issued on or after January 1 2013 shall expire two years after the date the voucher is furnished to the employee or five years after the date of injury whichever is later.
What is required for an employee to receive payment or reimbursement for expenses incurred with the voucher?
The employee must incur the expenses and submit appropriate documentation to the employer prior to the expiration date of the voucher to receive payment or reimbursement.
Is an employer liable for compensation for injuries incurred by the employee while using the voucher?
An employer shall not be liable for compensation for injuries incurred by the employee while using the voucher.
What is the effective date of the voucher as per Section 4658.6?
The effective date of the voucher as per Section 4658.6 is January 01 2023.
What is the primary condition that an employer must meet to avoid liability for supplemental job displacement benefits under Section 4658.5?
The employer must either offer modified work or alternative work to the employee within 30 days of the termination of temporary disability indemnity payments.
What type of work must an employer offer to avoid liability for supplementary job displacement benefits if it’s modified work?
The employer must offer modified work that accommodates the employee’s work restrictions and lasts at least 12 months.
What is the consequence for the employee if they reject or fail to accept the modified work offer from the employer?
If the employee rejects or fails to accept the modified work offer the employer is not liable for the supplemental job displacement benefit.
What are the conditions that must be met for an employer’s offer to qualify as alternative work under Section 4658.6?
The alternative work must meet the following conditions: 1. The employee has the ability to perform the essential functions of the job provided. 2. The job provided is in a regular position. 3. The position lasts at least 12 months.
What is the time frame in which an employer must make an offer of work to avoid liability under Section 4658.5?
An employer must make an offer of modified or alternative work within 30 days of the termination of temporary disability indemnity payments.
What conditions must be met for a job offer to qualify as acceptable for an employee post-injury?
- The offered wages and compensation must be within 15 percent of those paid to the employee at the time of injury. 2. The job must be located within reasonable commuting distance of the employee’s residence at the time of injury.
What is the significance of the date January 1 2013 regarding this section?
This section shall only apply to injuries occurring before January 1 2013.
What factors are considered in determining the percentages of permanent disability?
The factors include: 1. The nature of the physical injury or disfigurement. 2. The occupation of the injured employee. 3. The age of the employee at the time of the injury. 4. Consideration of the employee’s diminished future earning capacity.
What is meant by ‘the nature of the physical injury or disfigurement’ in this context?
It refers to the descriptions and measurements of physical impairments and their corresponding percentages of impairments as detailed in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment 5th Edition.
How does the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment contribute to assessing permanent disability?
The AMA Guides provide standardized descriptions and measurement methods for physical impairments which are essential for calculating the corresponding percentages of such impairments.
What additional consideration is taken into account when evaluating an employee’s permanent disability?
Consideration is given to an employee’s diminished future earning capacity as part of the assessment.
What is the primary purpose of the earning capacity formula?
The earning capacity formula is designed to calculate a numeric value based on empirical data and findings that reflect the average percentage of long-term loss of income due to each type of injury among similarly situated employees.
Who is responsible for formulating the adjusted rating schedule for earning capacity?
The administrative director is responsible for formulating the adjusted rating schedule based on empirical data and findings.
Which report is used as a basis for the adjusted rating schedule?
The adjusted rating schedule is formulated based on empirical data and findings from the ‘Evaluation of California’s Permanent Disability Rating Schedule Interim Report December 2003’ prepared by the RAND Institute for Civil Justice.
How often must the administrative director amend the schedule for determination of permanent disability percentage?
The administrative director must amend the schedule for determination of the percentage of permanent disability at least once every five years.
Where will the adjusted rating schedule be available?
The adjusted rating schedule shall be available for public inspection.
What legal status does the schedule have regarding the percentage of permanent disability?
Without formal introduction in evidence the schedule shall be considered prima facie evidence of the percentage of permanent disability attributed to each injury covered by the schedule.
What key principles are promoted by the adjusted rating schedule?
The schedule promotes consistency uniformity and fairness in the determination of permanent disability ratings.
What type of data is utilized in the formation of the earning capacity formula?
The earning capacity formula utilizes empirical data and findings gathered from various studies to accurately reflect long-term income loss from injuries.
What is the significance of empirical studies in formulating the adjusted rating schedule?
Empirical studies provide the necessary data and findings to ensure that the adjusted rating schedule accurately reflects the impact of different types of injuries on earning capacity.
What is the role of similarly situated employees in the context of the earning capacity formula?
Similarly situated employees serve as a reference group for assessing the average percentage of long-term income loss due to various injuries aiding in the accuracy of the earning capacity formula.
What does the term ‘prospectively’ refer to in the context of the schedule and amendments for permanent disabilities?
In the context of the schedule and amendments ‘prospectively’ means that the regulations and changes will apply only to future cases or events that occur after the effective date of the schedule or its amendments.
When do the rules regarding permanent disabilities apply according to the provided text?
The rules apply to and govern only those permanent disabilities that result from compensable injuries received or occurring on and after the effective date of the adoption of the schedule amendment or revision.
How will the schedule be applied for compensable claims arising before January 1 2005?
For compensable claims arising before January 1 2005 the revised schedule shall apply to determine permanent disabilities if there is no comprehensive medical-legal report or no report from a treating physician indicating the existence of permanent disability or if the employer is not required to provide the notice required by Section 4061.
What is the deadline given for the administrative director to adopt regulations implementing the changes made to the section?
The administrative director must adopt regulations on or before January 1 2005 to implement the changes made to this section by the act that added this subdivision.
What are the conditions under which the revised schedule applies for claims pre-2005?
The revised schedule applies to claims that have either no comprehensive medical-legal report no report from a treating physician indicating permanent disability or situations where the employer is not required to provide the notice dictated by Section 4061.
Define the term ‘compensable injury’ as used in this context.
A ‘compensable injury’ refers to an injury that is covered by workers’ compensation meaning the employee is entitled to receive benefits for the injury sustained in the course of employment.
What role does the administrative director play according to the text?
The administrative director is responsible for adopting regulations that implement the changes made to the section regarding permanent disabilities.
What is the significance of a comprehensive medical-legal report in determining permanent disabilities?
A comprehensive medical-legal report is significant because it provides a formal assessment of a worker’s condition and is essential for determining the existence and extent of permanent disability claims.
What is Section 4061 and why is it mentioned in relation to the employer’s notice?
Section 4061 relates to the requirements for employers to provide notice to injured workers regarding their rights and the process for claiming benefits; its mention indicates situations where the employer may lack obligations to notify the worker about these claims.
What changes were made during the 2003-04 Regular and Extraordinary Sessions affecting the schedule?
While specifics are not outlined in the provided text it indicates that legislative changes were enacted during these sessions that prompted revisions to the schedule used for determining permanent disabilities.
What is the basis for apportionment of permanent disability according to section 4663?
Apportionment of permanent disability shall be based on causation.
What must a physician’s report include when addressing permanent disability due to a claimed industrial injury?
The physician’s report must address the issue of causation of the permanent disability.
What criteria must be met for a physician’s report to be considered complete on the issue of permanent disability?
The report must include an apportionment determination.
How does a physician make an apportionment determination?
A physician makes an apportionment determination by finding what percentage of permanent disability is directly caused by the injury arising out of and occurring in the course of employment.
As of January 01 2023 what historical context should one consider regarding COVID-19-related illnesses and workers’ compensation?
Executive Order N-62-20 relates to the rebuttable presumption that COVID-19-related illnesses came from the course of employment for purposes of workers’ compensation.
What is the employer’s liability in terms of permanent disability due to an industrial injury?
The employer shall only be liable for the percentage of permanent disability directly caused by the injury arising out of and occurring in the course of employment.
What is a rebuttable presumption in the context of workers’ compensation and COVID-19?
A rebuttable presumption is an assumption made in a legal context that COVID-19-related illnesses are presumed to have arisen out of employment unless proven otherwise.
What are the important components that should be included in a physician’s report regarding permanent disability?
A physician’s report must include the assessment of causation of the permanent disability and an apportionment determination regarding the percentage of disability attributable to the workplace injury.
Why is apportionment important in cases of permanent disability?
Apportionment is important because it determines the specific percentage of disability for which an employer is liable thereby impacting compensation calculations.
What does Labor Code 5402 relate to?
Labor Code 5402 relates to the presumptions applicable in cases of workers’ compensation specifically about injuries claimed to be related to employment.
What is the presumption regarding permanent disability in relation to subsequent industrial injuries?
If an individual has received a prior award of permanent disability it is conclusively presumed that this prior permanent disability exists at the time of any subsequent industrial injury. This presumption affects the burden of proof.
What is the maximum accumulation of permanent disability awards for an individual employee?
The accumulation of all permanent disability awards related to any one region of the body for one individual employee cannot exceed 100 percent over the employee’s lifetime unless the injury or illness is conclusively presumed to be total according to Section 4662.
