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permanent disability ratingsIn most cases, an injured worker is able to recover from their work injury and return to work at the job they were working prior to their injury. However, in some cases, it is determined that injured worker will never be able to recover completely and will have permanent work limitations. This generally means that the injured worker has a permanent disability.

If you have been injured at work and you believe you may be permanently disabled, contact our California workers’ compensation attorneys at Kneisler and Schondel to schedule a consultation. Our attorneys have successfully handled workers’ compensation cases in California with a variety of different issues. Give our office a call today to meet with one of our attorneys and get started fighting for the benefits you deserve.

The Permanent and Stationary Report

When your doctor has determined that you have reached a point in your medical treatment where your medical condition has stopped improving your condition will be considered to be “permanent and stationary.” This may also be referred to as maximum medical improvement (MMI). Once this designation has been made, your treating physician will write a final or Permanent and Stationary report.

What is Included in the Permanent and Stationary Report?

The Permanent and Stationary report will describe specific aspects of your medication condition, including:

  • The physical exam conducted, and how much pain you are experiencing;
  • Any permanent limitations you will have in the work you are able to perform (work restrictions);
  • An explanation of the medical care you may be required in the future;
  • Whether or not you are able to return to your former job;
  • An estimation of how much of your permanent disability is caused by your work injury as compared to other factors.

Your treating physician will then submit the Permanent and Stationary report to your claims administrator. Since this report will affect your future benefits, you are entitled to have a copy of it. Once you review it, make sure that the information contained in the report is accurate. If something is incorrect, it could impact the workers’ compensation benefits you receive, so it is important that the report is accurate.

Calculating the Percentage of Disability (Disability Rating)

As part of the determination of your permanent disability, you will receive a rating in the form of a percentage. This is an attempt to estimate the extent of your permanent functional limitations and they affect your ability to perform Activities of Daily Living (ADL’s). Your permanent disability benefits will then be based on this percentage.

Your disability rating percentage takes many different factors into account. For instance, it takes into account your permanent functional limitations as described in the Permanent and Stationary report. Other factors include such things as your age, occupation, and the percentage the permanent disability was caused directly by your work injury versus any other factors.

If your rating is 100 percent, this means that you are permanently and totally disabled, and are not capable of any kind of work. A rating this high is quite rare. If your rating is anywhere from one percent to 99 percent, it means that you have a permanent partial disability. Most injured workers do not suffer permanent disability. Those injured workers who do suffer a level of permanent disability generally have a permanent partial disability of somewhere between five percent and 30 percent.

If you have suffered a permanent disability due to a work injury, contact the California workers’ compensation attorneys at Kneisler and Schondel today. We can help you fight for the benefits you are entitled to.