By Robert T. Reville
Systemically evaluates the California everlasting incapacity scores approach used ahead of the state's fresh laborers reimbursement.
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Additional resources for An Evaluation of California's Permanent Disability Rating System
The rationale often given for not compensating pain and suffering is that the original ____________ 1 In this report, the terms “states,” “provinces,” and “jurisdictions” are used interchangeably. 12 An Evaluation of California’s Permanent Disability Rating System design of workers’ compensation involved a trade-off in which the employee was able to obtain benefits without demonstrating employer fault, and the employer’s liability was limited to certain consequences of the injury, which did not encompass pain and suffering.
One might argue that a part of the system, such as the rating schedule, is inefficient or increases costs, but ultimately these arguments are based on logic (or anecdote) and not on empirical evidence. It is also important to keep in mind that in some cases the various evaluation criteria may conflict with one another. As mentioned earlier, increases in benefits 18 An Evaluation of California’s Permanent Disability Rating System may make the system better off in terms of adequacy but worse off in terms of affordability.
Arguments for these “impairment benefits” state that the purpose of benefits is not only to compensate impairment per se but also to use permanent impairment as a convenient proxy for the functional limitations and nonwork disability that result from the impairment. A variant on this alternative view is that nonwork disability merits compensation, and that the degree of permanent impairment and/or functional limitations serves as a proxy for the extent of nonwork disability. The dominant view among jurisdictions probably is that the only permanent consequences that warrant benefits in a workers’ compensation program are medical care, rehabilitation, and work disability.
An Evaluation of California's Permanent Disability Rating System by Robert T. Reville