CHSWC Backs Permanent Disability Rating Schedule Analysis w/Addendum

The California Commission on Health and Safety and Workers’ Compensation (CHSWC) recently issued a report entitled “Permanent Disability Rating Schedule Analysis” examining the impact of the changes to the permanent disability rating schedule.

After months of research and public discussion, CHSWC voted on Feb. 9, to adopt the report, also extending the public comment period for an additional seven days, through Feb. 16. The final report issued late last month includes an addendum containing public comments with responses prepared by CHSWC staff and data that became available after the report was drafted.

The CHSWC report was developed in response to a request from Senate President pro Tem Don Perata and Assembly Speaker Fabian Nuñez for information regarding a change in the California workers’ compensation Schedule for Rating Permanent Disabilities effective Jan. 1, 2005. The legislative leadership requested that CHSWC report to the Legislature on the impact of the change in the schedule, as well as how the schedule could now be amended to remain in compliance with Labor Code Section 4660(b)(2), which requires the use of findings from a specified RAND report and other available empirical studies of diminished future earning capacity.

The report finds an overall reduction in Permanent Disability costs of up to two thirds, with the PD schedule alone accounting for 50 percent of the overall savings in Permanent Disability since 2004. The report contains CHSWC staff responses to public comment and includes additional available data.

During research for the report, CHSWC found large discrepancies between ratings for different types of injuries. The CHSWC Permanent Disability report provides a methodology for updating the permanent disability rating schedule to obtain more consistent ratings for all types.

The report recommends a new mathematic formula using administrative data from the Division of Workers’ Compensation and the latest available wage loss data, to make all ratings calculations consistent. The ratings are then entered into the existing system to calculate the level of benefits.

An important recommendation in the report is that periodic revision to the rating schedule be adopted such that any future trends in medical impairments and earnings losses can be detected and incorporated in the formula.

The report also suggests that, beyond using a consistent methodology, overall levels of ratings and compensation should be considered a separate public policy issue. The report acknowledges that issues of benefit adequacy and affordability are issues for policymakers to debate.

The report and information about CHSWC are available on the CHSWC Web site www.dir.ca.gov/chswc.