Can Permanent Disability Be More than the PDRS Rating?
Understanding the relationship between Medical Ratings ( aka Whole Person Impairment) and the Permanent Disability Rating Schedule (PDRS) is crucial when pursuing a workers’ compensation claim in California. Many individuals wonder if final rating can be greater than the medical ratings the doctors provide (WPI). In this blog post, we will explore this question and shed light on the factors that may lead to compensation exceeding the medical ratings.
What is the PDRS Rating?
The PDRS rating, as we discussed in a previous blog post, is a percentage assigned to an injured worker AFTER a final medical evaluation. It represents the extent of the permanent disability resulting from a workplace injury and serves as a crucial factor in calculating workers’ compensation benefits. The PDRS provides guidelines for assigning these ratings.
Factors That Can Lead to Compensation Exceeding the Medical (WPI) Ratings
While the medical ratings provide a foundation for determining permanent disability benefits, several factors can lead to compensation that exceeds the medical rating:
- The “synergistic” effect of multiple injuries: an example is an injury to one hand vs injuries to both hands. The combined effect of two hands permanently injured in greater than simply adding the individual ratings of each hand.
- While the PDRS includes consideration for your age and occupation at the time of the injury, remember the PDRS is simply a generic calculation. If the PDRS does not fully consider the effects of the permanent injuries on the injured workers limitations, a vocational expert may challenge the generic rating.
- Labor Code §4662: In certain cases, California Labor Code §4662 allows for compensation exceeding the PDRS rating. This code section identifies specific injuries, such as the loss of both hands or the loss of sight in both eyes, for which compensation is mandated to be 100% permanent disability.
Negotiation and Legal Representation: Skilled workers’ compensation attorneys like Thomas F. Martin, PLC can negotiate on your behalf to ensure that your compensation reflects the true impact of your injury, even if it exceeds the PDRS rating.
Consulting with Workers’ Compensation Attorneys
Navigating the complexities of workers’ compensation claims and understanding how factors like diminished future earning capacity, age, occupation, and specific injury types can affect your compensation can be challenging. This is where experienced workers’ compensation attorneys, such as Thomas F. Martin, PLC, become essential. They can advocate for your rights, assess the unique circumstances of your case, and ensure that you receive fair and just compensation that accurately reflects the impact of your workplace injury.While the Permanent Disability Rating Schedule (PDRS) provides guidelines for assigning permanent disability ratings, it does not necessarily cap the compensation amount you may deserve. Many unique factors, the “synergistic” effect of the injuries, vocational factors and provisions of the law can lead to compensation exceeding the PDRS rating. Consulting with a workers’ compensation attorneys with over 30 years of experience, Thomas F. Martin, PLC, can help you navigate the complexities of your claim and ensure that you receive fair and appropriate compensation for your workplace injury.
Contact us today for your free case evaluation! or call (714) 547-5025
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