Permanent Disability
Attorney in California

Rated 1–99%. The most common PD outcome. Paid as a fixed weekly amount over a calculated number of weeks based on the rating percentage. Lifetime medical care for the injury is typically awarded alongside PPD.

Rated 100%. Awarded when the worker cannot engage in substantial gainful employment. Paid as lifetime weekly benefits at the temporary disability rate. Common in severe spinal cord, brain, vision, multi-amputation, and cumulative-restriction cases.

Carrier argues part of the disability is attributable to pre-existing causes under § 4663. Improper apportionment is one of the most common ways carriers reduce awards — and one of the most defeatable when the prior condition was asymptomatic.

The FEC component of the rating reflects how the injury limits future earnings. Workers in physically demanding occupations often qualify for higher FEC ranks. Carrier rating physicians frequently under-rank FEC; this is challengeable at deposition.

When the work injury affects multiple body parts, ratings combine using the Combined Values Chart (CVC). The combination math is non-intuitive and often miscalculated; we audit every rating for proper CVC application.

Severe injuries (spinal cord, TBI, severe burns, multi-amputation) often qualify for 70%+ PD ratings or PTD. Combined with lifetime medical care and life-care planning, these awards regularly reach seven figures.

California rates impairment using the AMA Guides 5th Edition for whole-person impairment, then adjusts by FEC rank, age, and occupation modifiers. The final rating determines both weekly rate and total weeks payable.

Permanent disability weekly rates run from $290 to $435 (current statutory range), with most workers receiving rates near the maximum based on their pre-injury average weekly wage.

Carriers can reduce PD awards by the percentage attributable to pre-existing causes — but only when supported by substantial medical evidence. Asymptomatic prior conditions cannot legally support apportionment.

Total cumulative PD across all injuries is capped at 100% for the same body region, preventing carriers from over-apportioning when prior comp awards existed.

When the parties disagree on PD rating, a panel QME evaluates the case. Panel QME selection is a strategic process — the QME's report drives the entire rating.

Workers with permanent work restrictions qualify for the $6,000 SJDB voucher for retraining. The State Return-to-Work Fund adds a separate $5,000 supplement for workers whose PD is disproportionate to wage loss.

Workers with PD ratings between 70% and 99% receive their scheduled PD weeks plus a 'life pension' — additional weekly benefits paid for life at a reduced rate. Often overlooked in settlement calculations.

Soft-tissue injuries that resolved with some residual impairment. Often combined with future medical care closure in a Compromise & Release.

Most common PD range. Disc bulges, partial rotator cuff, partial knee injuries. Combined with lifetime medical care for chronic management.

Surgical injuries — fusions, ACL repairs, rotator cuff repairs. Often includes SJDB voucher and State Return-to-Work Fund supplements.

Multi-level fusions, severe orthopedic damage, severe psychiatric injury. Lifetime medical care has substantial separate value.

Scheduled PD weeks plus lifetime weekly benefits at the § 4659 life pension rate. Often overlooked component — life pensions for younger workers can exceed the scheduled award.

Permanent and total disability pays lifetime weekly benefits. Total lifetime value frequently exceeds $1M and can exceed $3M for younger workers. Often combined with third-party recoveries.

Apportionment requires substantial medical evidence the prior condition was symptomatic. Most workers have degenerative findings on imaging — that alone doesn't support apportionment. We force the rating physician to identify specific pre-injury symptoms; without them, apportionment fails.

FEC reflects how the injury limits future earnings. Physical-demanding jobs (construction, warehouse, manufacturing, healthcare lifting) qualify for higher FEC ranks. We argue FEC at deposition with specific job-demands evidence.

The CVC combines multiple ratings using a specific formula. Carrier rating physicians frequently apply it incorrectly to minimize combined rating. We audit every multi-rating case for proper CVC math.

Pre-MMI C&Rs almost always undervalue PD. The rating cannot be properly determined until maximum medical improvement. We refuse to settle before MMI in serious cases and instead pursue Stipulated Awards that preserve future medical care.

PTD requires inability to engage in substantial gainful employment — not inability to do any work. We document specific restrictions, vocational expert testimony, and the gap between theoretical and practical employability. Many cases the carrier rated as PPD properly qualify as PTD.

For ratings ≥70%, the life pension under § 4659 is a separate, lifetime component. Carriers routinely make settlement offers that exclude life pension value. We calculate it explicitly and refuse to settle below the combined value.