Permanent disability is that degree of disability or impairment that remains after the employee has reached the point of maximum healing. A permanent disability may be partial or total. If a person suffers a permanent partial disability, the person is entitled to a permanent disability rating and award even though he or she may be able to return to work. 

Permanent disability ratings are provided under the law in the form of money payments, the amount of which depends on a number of things, including the injured's age, occupation, the part of the body injured, and the extent of the disability. The rating can range from l% to l00% depending on how the permanent disability affects the injured worker's ability to compete in the open labor market. A total disability for any type of work carries a l00% rating. Some of the more obvious examples of total disability would be the loss of both arms, both legs, or the lost of sight of both eyes. 

The weekly rate at which permanent disability payments are made varies, depending on the date of the injury, and the extent of the permanent disability. A person who is permanently totally disabled with a rating of l00% is entitled to receive their temporary disability rate for life. 

For permanent partial disabilities that occur between July 1, 1996 and December 31, 2002, the injured worker is entitled to receive payments up to a maximum of $140.00, $160.00, $170.00, or $230.00 depending upon the percentage of disability. For injuries that occur in 2003, the maximum benefit is payable at either $185.00 or $230.00 per week, for injuries in 2004 the maximums are $200.00 or $250.00, and in 2005 the maximums are $220.00 and $270.00 depending upon the percentage of disability. The number of weeks of payments are determined by the percentage loss of the injured workers working capacity. The greater the disability, the longer the payments are made. For permanent disability of 70% or more, in addition to the normal payments, the person is entitled to a small life pension. 

Payments for permanent disability are payable in addition to any payments that the injured worker may receive for temporary disability, and are over and above the cost of medical care. These payments are made after the injury becomes permanent and stationary, or the last date of payment for temporary disability. 

Substantial problems may occur in determining the amount of permanent partial disability payable to the injured worker where there is a pre-existing disease or impairment to the same part of the body which has been injured. Disputes often arise regarding how much of the disability is due to the injury, and how much is due to the pre-existing condition. 

In early 2004, much of the state's Workers' Compensation law, especially with respect to permanent disability benefits, was changed in a large set of laws pushed through the state legislature by then new Governor Schwarzenegger. (Additional Info) The interpretation and application of these laws continues today. RKM Workers' Compensation lawyers continue to study and advocate ways in which injured workers can still receive the benefits due them, even under the new law.