Permanent disability is any lasting disability that results in a reduced earning capacity or ability to work. If your injury or illness results in permanent disability, then you are entitled to permanent disability (PD) benefits, even if you are able to go back to work. PD benefits are also based on your AWW and are subject to maximum and minimum limits.
At some point, your PTP, a QME, or an AME will declare that you have reached a “Permanent and Stationary” (P&S) or “Maximum Medical Improvement” (MMI) status. At this point, the doctor will determine your percentage of “Whole Person Impairment” (WPI).
This WPI percentage must be processed through a formula, set by State law, resulting in a calculation or “rating” of your permanent disability, expressed as another percentage. This PD rating percentage will then correspond with a certain number of weeks of PD benefit payments, assigned by State law. Ultimately, your PD value will be the foundation for settling your worker’s compensation claim or for an award from a Worker’s Compensation Judge (WCJ) if you should take your case through a trial.
In certain limited cases, if the WPI results in a PD rating that does not accurately reflect the actual extent of your disability, you may seek an adjustment to your PD rating that takes in to consideration a diminished future earning capacity in addition to disability. In other cases of severe permanent disability, you may be eligible to receive a life pension payment in addition to your regular PD benefit.
If you are unable to return to your usual work, your employer will have the opportunity to offer you a modified or alternative job with physical requirements that are within any permanent restrictions you may have from your injuries.
If your employer is not able to offer modified work, then you may be entitled to vocational retraining services or a retraining voucher that you can use to pay for training in a new and different line of work on your own.
It is not uncommon for your case to result in more than one determination of PD. You may have one level of PD determined by your PTP, another by a QME, and yet another by an AME. It will then be up to you to decide how to proceed as far as settling your claim or taking your case to trial.
