For injuries in 2005, what is the maximum permissible add-on for subjective complaints?

For injuries in 2005, what is the maximum permissible add-on for subjective complaints?

• A. 3%
• B. None
• C. 5%
• D. Whatever is called for by the examining physician

Answer: (A)

In California workers’ compensation, there can be an add-on to the permanent disability rating for subjective complaints (like pain) that aren’t fully explained by objective findings. For injuries in 2005, that add-on is capped at 3 percentage points of whole-person impairment. This means you may increase the impairment rating by up to 3% only if the subjective symptoms are credible and not already reflected by objective measures; but you cannot exceed that 3% cap. So, the maximum permissible add-on is 3%. The other options either assume no cap, a higher cap, or unlimited discretion, all of which aren’t correct for injuries in 2005.

In California workers’ compensation, there can be an add-on to the permanent disability rating for subjective complaints (like pain) that aren’t fully explained by objective findings. For injuries in 2005, that add-on is capped at 3 percentage points of whole-person impairment. This means you may increase the impairment rating by up to 3% only if the subjective symptoms are credible and not already reflected by objective measures; but you cannot exceed that 3% cap.

So, the maximum permissible add-on is 3%. The other options either assume no cap, a higher cap, or unlimited discretion, all of which aren’t correct for injuries in 2005.