WORKER’S COMPENSATION … in a nutshell
Pre 2005 the amount of a WC award
was based on either work restrictions,
loss of capacity to do certain activities
and/or pain, modified for age,
occupation and loss of ability to
compete in the open labor market.
The amount of Permanent Disability
was calculated using the Schedule for
Rating Permanent Disabilities.
As of 2005 a WC award is based on
measurements of physical or
psychological impairment
corresponding to the percentage of
impairment published in the American
Medical Association Guides to the
Evaluation of Permanent Impairment,
modified for age, occupation and loss
of future earning capacity.
Though the system for calculating the amount of permanent disability has
changed, the need for and meaning of, work restrictions remains unchanged.
Comparison of the work restriction in a WC report to the worker's actual job
duties, may make a WC report relevant to whether a worker is permanently
incapacitated for duty and entitled to a disability pension.
WORK COMP TERMS
PRIMARY SOURCES
• Schedule for Rating
Permanent Disabilities
April 1997, Authority;
• American Medical
Association Guides to
the Evaluation of
Permanent Impairment,
Authority.
Additional sources found
at the end of this nutshell
DEFINITION
The frequency and intensity of the pain when doing a specific
activity determines whether a work restriction is needed precluding
or limiting performance of the activity.
INTENSITY OF PAIN 1
Minimal or Mild pain
Pain which is not disabling, causes no handicap in performing the
activity, which precipitates the pain. This level of pain is not
disabling and does not require a work restriction.
Slight pain
Pain which can be tolerated but causes some handicap. No work
restriction is required
Moderate pain
Pain creates a marked degree of handicap when doing a work
activity, and usually requires a work restriction limiting how often
an activity may be performed.
Severe pain
Severe pain prevents the person from doing the activity that causes
the pain, calling for a work restriction.
FREQUENCY OF PAIN
2
The frequency and intensity of the pain when doing a specific
activity determines whether a work restriction is needed precluding
or limiting performance of the activity.
Occasional
Pain occurs 25% of the time
Intermittent
Pain occurs 50% of the time
Frequent
Pain occurs 75% of the time
Constant
Pain occurs 90-100% of the time
WORKERS’ COMPENSATION
.
WORKER’S COMPENSATION … in a nutshell
WORK COMP TERMS
DEFINITION
How much of the work day the job requires a worker to do specific
activities, and how much of the work day a worker is restricted from
doing a specific activity. Determines if the worker can return to
regular duties.
FREQUENCY OF ACTION
Repetitive
50% of work day
Prolonged
75% of work day
Constant
90 to 100% of the work day
MOST COMMONLY INJURED BODY PARTS
WORK COMP RESTRICTION
SPINE 3
EXPLANATION OF RESTRICTION
How much loss of capacity to perform an activity, or how much of
the work day a worker can or cannot do an activity.
Precluded from Very Heavy Lifting
Loss of approximately 25% of pre-injury capacity for very heavy
lifting.
Precluded from Heavy Lifting
Loss of approximately 50% of pre-injury capacity for heavy lifting.
Precluded from Very Heavy Work
Loss of approximately 25% of pre-injury capacity for very heavy
work.
Precluded from Heavy Work
Loss of approximately 50% of pre-injury capacity to do heavy work.
Cannot or should not do heavy work
Precluded from Heavy Lifting and
Repeated Bending and Stooping
Cannot or should not do heavy lifting. Cannot or should not do
bending or stooping more than 75% of the work day
Limited to Light Work
Loss of 75% of pre-injury capacity heavy work.
Precluded from Repetitive Motions of
Neck or Back
Should not flex, extend, bend or rotate the neck or back more than
50% of the work day.
Precluded from Prolonged Sitting
Should not sit more than 75% of the work day.
Precluded from Prolonged Weight
Bearing
Cannot or should not do weight bearing more than 75% of the work
day.
Precluded from Prolonged Sitting and
Prolonged Weight Bearing
Cannot or should not sit more than 75% of the work day, and
Cannot or should not walk more than 75% of the work day.
Precluded from Prolonged Weight
Bearing and Heavy Work
Should not do weight bearing more than 75% of the work day, or do
heavy work.
Precluded from Very Prolonged Weight
Bearing/Standing
Needs to sit 1 hour out of 8 hour work day.
Precluded from Prolonged Walking
Should not walk more than 75% of the work day.
WORKERS’ COMPENSATION
.
WORKER’S COMPENSATION … in a nutshell
WORK COMP RESTRICTION
UPPER EXTREMITIES
EXPLANATION OF RESTRICTION
There are no scheduled work restrictions for upper extremities. The
ratings/definitions below are from various WC cases, upheld by the
WCAB, published in the CWCR.
Preclusion from overhead work due to
shoulder 4
Cannot or should not work with the arm above the head level.
Precluded from use of one arm at or
above shoulder level
Cannot or should not work with one arm above the injured shoulder
level.
Precluded from using both arms at or
above shoulder level
Cannot or should not work with arms above the shoulder level.
Preclusion from very heavy lifting with
the arm, and using pistol grip tools on a
repetitive basis
Loss of 25% of pre-injury capacity for lifting, and 50% loss of
capacity for gripping.
Precluded from Repetitive or Fine Finger Loss of 50% of pre-injury capacity for doing fingering work.
Manipulation, one hand 5
Cannot or should not do fine finger manipulation more than 50% of
the work day.
Precluded from Repetitive Fine Finger
Manipulation, both hands 6
Fine finger manipulation limited to 4 hours per work day.
No repetitive typing, posturing of the
50% loss of capacity for typing. Cannot or should not type, posture
wrists or repetitive flexion and extension wrists, or flex or extend wrists more than 50% of the work day.
Precluded from Typing both hands
Preclusion from repetitive manipulation.
Preclusion from typing more than 4hrs
per work day, or over 30 minutes w/out
a 15 minute break, and from heavy
lifting or repetitive lifting over 20lbs.
50% loss of capacity for typing and lifting.
Cannot or should not type without breaks or lift over a certain
poundage.
Preclusion from Repetitive Forceful
Gripping with one hand 7
Loss of 50% of pre-injury capacity for doing forceful gripping.
Cannot or should not do gripping with the injured hand, more than
50% of the work day with the injured hand.
Preclusion from Repetitive Forceful
Gripping with both hands 8
Cannot or should not do forceful gripping.
Preclusion from Heavy Lifting and
Forceful Gripping involving both hands
and arms 9
Cannot or should not do heavy lifting or forceful gripping with either
hand.
Preclusion from Prolonged Forceful
Gripping, Twisting, Pushing or Pulling
with both hands 10
Cannot or should not do forceful gripping, twisting, pushing or
pulling more than 75% of the work day, using either hand.
Complete Loss of Grip Strength, Both
Hands
Loss of capacity, or should not work doing grasping or gripping.
WORKERS’ COMPENSATION
.
WORKER’S COMPENSATION … in a nutshell
WORK COMP RESTRICTION
LOWER EXTREMITIES 11
EXPLANATION OF RESTRICTION
How much loss of capacity to perform an activity, or how much of
the work day a worker can or cannot do an activity.
Precluded from Squatting and Kneeling
90-100% loss of worker's pre-injury capacity for squatting and
kneeling.
Precluded from Climbing
90-100% loss of pre-injury capacity for climbing.
Precluded from Walking on Uneven
Ground
90-100% loss of pre-injury capacity for walking on uneven ground.
Precluded from Prolonged Weight
Bearing
The worker can do no more than 75% of the work day standing and
walking.
Limited to Weight Bearing half the time
The worker may do work standing or walking no more than 50% of
the work day.
Limited to Semi-Sedentary Work
The worker may do work standing no more than 50% of the work
day, and may work walking no more than 50% of the work day.
Limited to Sedentary Work
Contemplates the worker must work predominantly in a sitting
position with a minimum of physical effort, and with some degree
of standing and walking being permitted.
MISC
How much loss of capacity to perform an activity, or how much of
the work day a worker can or cannot do an activity
Precluded from Outside Work
Worker must work predominantly indoors.
No undue emotional stress and strain
This light work restriction can refer to either a psychiatric or a heart
condition. It contemplates more than the ordinary amount of stress
that comes with the job
Precluded from work in a stressful
environment
Contemplates worker must avoid contacts with contentious or
unreasonable members of the public or co workers, that give rise to
nervousness. Avoid working under close deadlines.
ADDITIONAL SOURCES
1
2
3
4
5
6
7
8
9
10
11
Schedule for Rating Permanent Disabilities April 1997 pg. 1-7
Schedule for Rating Permanent Disabilities April 1997 pg. 1-7
Schedule for Rating Permanent Disabilities April 1997 pg. 2-19
29 CWCR 110; Williams v. Fireman's Fund 1997; 27 CWCR 197
Townsend v. ESIS, Inc.; Harbin v. Preferred Works, Inc.; Rossi v. Fremont Comp. Ins. Co. 2001; 28 CWCR 109
27 CWCR 197
Shanks v. Fremont Comp. Ins. Co. 1999; Mickelson v. Ralph's Grocery Co. 1998; 27 CWCR 197
Bautista v. Keenan and Assoc. 1998
Wilson v. Fireman's Fund Ins. Co.; 28 CWCR 109
27 CWCR 326; Welch v. Professional Risk Management. 2001
Schedule for Rating Permanent Disabilities April 1997 pg. 2-19
WORKERS’ COMPENSATION
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