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DISABILITY

"[D]isability", as that term is used in connection with the Workmen's Compensation Act, is a composite of two principal elements that, although distinct, generally coincide in greater or lesser degree but need not necessarily do so, i.e., (1) actual incapacity to perform the tasks usually encountered in one's employment and the wage loss resulting therefrom, and (2) physical impairment of the body that may or may not be incapacitating. Allied Compensation Ins. Co. v. IAC (1963) 211 Cal.App.2d 821

"The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was
caused by his present or prior employment." Labor Code §5412

Depending on type of benefit or area of law, "disability" has differrent meanings. See Temporary Disability, Permanent DisabilityTotal Disability, State Disability, ADA & FEHA and Social Security Disability

In the AMA Guides "disability" is defined as "An alteration of an individual's capacity to meet personal, social, or occupational demands because of an impairment."

For injuries under the 1997 permanent disability rating schedule "subjective disability" was ratable. It may still be relevant when determing a worker's ability to work (see Return To Work and Vocational Experts). For definitions, see 8 CCR §9727.

Label Item Links Comments
Labor Code Temporary disability statutes LC §4650-4657   
  Labor Code §4660 for injuries before 1/1/13 (for DOI from 1/1/05 but may include some earlier DOIs)

Labor Code §4660.1 for injuries on or after 1/1/13

Labor Code §4662: total permanent disability
LC §4660


LC §4660.1

LC §4662
 
 
Regulations/Rules §9727. Subjective Disability 8 CCR §9727  
Cases Allied Compensation Ins. Co. v. IAC (1963) 211 Cal.App.2d 821: Disability is a composite of two principal elements: 1) actual incapacity to perform the tasks usually encountered in one's employment and the wage loss resulting therefrom, and (2) physical impairment of the body that may or may not be incapacitating. Allied Compensation Ins. Co. v. IAC  
Forms      
Websites Disability.gov: Federal government website "for comprehensive information on disability programs and services in communities nationwide. The site links to more than 14,000 resources from federal, state and local government agencies; academic institutions; and nonprofit organizations."  disability.gov  
  MedlinePlus: Disabilities  MedlinePlus Interesting and helpful links 
Practice Tips    
Articles
Social Security definition of disability: discusses the historical framework and evolving definition, policy, and program
Social Security definition of disability   Food for thought
Magazine Articles
 
Roundtable    
Miscellaneous      

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