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.