By Robert T. Reville
Systemically evaluates the California everlasting incapacity rankings method used sooner than the state's contemporary workers repayment.
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Additional resources for An Evaluation of California's Permanent Disability Rating System
B) (1) For purposes of this section, the “nature of the physical injury or disfigurement” shall incorporate the descriptions and measurements of physical impairments and the corresponding percentages of impairments published in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition). (2) For purposes of this section, an employee’s diminished future earning capacity shall be a numeric formula based on empirical data and findings that aggregate the average percentage of long-term loss of income resulting from each type of injury for similarly situated employees.
1 In the new post–SB 899 system, impairment will be measured using the criteria in the AMA Guides, but these ratings will be adjusted to reflect average earnings losses across various impairments. As of this writing, there are a number of uncertainties about how certain elements of SB 899 will be applied and implemented, preventing us from giving a detailed account of disability ratings under the new system. Our discussion in this chapter focuses on the California system before the new reforms, which is the relevant system for the data we used in our empirical analyses in this study.
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. Subjective Disability. Subjective Disability should be identified by: • A description of the activity that produces disability. • The duration of the disability. • The activities that are precluded and those that can be performed with the disability. • The means necessary for relief. The terms shown below are presumed to mean the following:8 • A severe pain would preclude the activity precipitating the pain.
An Evaluation of California's Permanent Disability Rating System by Robert T. Reville