SUMMARY
This chapter discusses permanent disability, both partial and permanent, including how and when a determination is made, rating disability, types of incapacity, what is a gainful and suitable occupation, claim closure and reconsideration, and reevaluation of awards. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 16
PERMANENT DISABILITIES
Skylar J. Hall
§ 16.1 PERMANENT DISABILITY
§ 16.1-1 Generally
§ 16.1-1(a) Dates of Injury before January 1, 2005
§ 16.1-1(b) Dates of Injury on or after January 1, 2005
§ 16.1-2 Determinations of Permanent Disability
§ 16.1-3 Claim Closure and Reconsideration
§ 16.1-4 Computation of Permanent Disability Awards, Generally
§ 16.2 PERMANENT PARTIAL DISABILITY
§ 16.2-1 Generally
§ 16.2-2 Permanent Partial Disability under the Standards
§ 16.2-2(a) Generally
§ 16.2-2(b) General Principles for Rating Disability
§ 16.2-2(c) Findings of Impairment under the Standards
§ 16.2-2(c)(1) Irreversible Findings
§ 16.2-2(c)(2) Death of the Worker
§ 16.2-2(c)(3) Chronic Condition
§ 16.2-2(c)(4) Contralateral Joint Comparison
§ 16.2-2(c)(5) Strength Loss
§ 16.2-2(c)(6) Combining
§ 16.2-2(d) Apportionment of Impairment
§ 16.2-2(e) Offsetting a Permanent Disability Award
§ 16.2-2(f) Scheduled Disability under the Standards
§ 16.2-2(g) Unscheduled Disability under the Standards
§ 16.2-2(g)(1) Generally
§ 16.2-2(g)(2) Factoring and Unscheduled Disability
§ 16.2-2(g)(2)(i) Age
§ 16.2-2(g)(2)(ii) Education
§ 16.2-2(g)(2)(iii) Adaptability
§ 16.2-2(g)(3) Impairment
§ 16.2-2(h) Conditions Affecting Scheduled and Unscheduled Areas
§ 16.2-2(i) Permanent Partial Disability on or after January 1, 2005
§ 16.2-2(i)(1) Generally
§ 16.2-2(i)(2) Impairment
§ 16.2-2(i)(3) Conversion to Whole-Person Standard
§ 16.2-2(i)(4) Work Disability
§ 16.2-2(i)(5) Impairment Plus Work Disability
§ 16.2-3 Temporary and Special Standards
§ 16.2-4 Reduction of a Permanent Partial Disability Award
§ 16.2-5 Burden and Nature of Proof
§ 16.2-5(a) Generally
§ 16.2-5(b) After an Aggravation
§ 16.2-5(c) After a New or Omitted Condition
§ 16.2-5(d) After Vocational Rehabilitation
§ 16.2-5(e) To Reduce Permanent Partial Disability
§ 16.2-5(f) Challenges to the Standards
§ 16.3 PERMANENT TOTAL DISABILITY
§ 16.3-1 Generally
§ 16.3-1(a) Defined
§ 16.3-1(b) What Law Applies?
§ 16.3-1(c) When Determined
§ 16.3-1(d) When Benefits Are Due
§ 16.3-1(e) Effect of Retirement
§ 16.3-1(f) Burden and Nature of Proof
§ 16.3-1(f)(1) Generally
§ 16.3-1(f)(2) Limitations on Types and Admissibility of Evidence
§ 16.3-1(f)(3) After an Aggravation
§ 16.3-1(f)(4) After Vocational Rehabilitation
§ 16.3-1(f)(5) In Own-Motion Cases
§ 16.3-1(f)(6) To Reduce an Award
§ 16.3-1(f)(7) Reevaluation of Award
§ 16.3-2 Incapacity
§ 16.3-2(a) Types of Incapacity
§ 16.3-2(b) Psychological Illness or Injury
§ 16.3-2(c) Preexisting Disability
§ 16.3-2(d) Postinjury Disability
§ 16.3-3 Regularly Perform Gainful and Suitable Occupation
§ 16.3-3(a) Regularly Perform Work
§ 16.3-3(b) Gainful Occupation
§ 16.3-3(c) Suitable Occupation
§ 16.3-4 Willingness and Reasonable Efforts to Seek Regular, Gainful Employment
§ 16.3-4(a) Reasonable Efforts to Obtain Employment
§ 16.3-4(b) Futility
§ 16.3-5 Reduction of Award
§ 16.3-6 Reevaluation of Award
§ 16.3-6(a) Procedure
§ 16.3-6(b) Proper Inquiry
§ 16.3-6(c) Burden of Proof
§ 16.3-7 New References