Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

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Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby Kurious1 on Thu Feb 28, 2019 11:16 am

Hi there:

PDRS reads: The composite rating for an extremity (after adjustments) may not exceed the amputation value of the extremity adjusted for earning capacity, occupation and age. The occupational variant used to rate an entire extremity shall be the highest variant of the involved individual impairments."

Question: Does the PDRS state to use the highest occ variant when there are more than one variants in an individual extremity OR does it RESTRICT this to only amputations of an extremity. :roll:
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Re: Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby LawAdvocate on Thu Feb 28, 2019 11:52 am

You can use an Almarez Guzman rating if the upper extremity is as good as amputated when it comes to use for activities of daily living, such as a stroke or trauma victim whose upper extremity is totally or partially paralyzed. So you can assign any rating you want with the consideration of the loss of the activities of daily living to any extremity, not to exceed the value of total amputation - however I have in fact seen it done for other pain factors via Chapter 13 and it stood at trial.

Then if you have two extremity impairments, the Kite case asks you to consider the impact on the injured workers' activities of daily living and discuss if any of the permanent disability impairments should be added rather than combined.
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Re: Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby Kurious1 on Thu Feb 28, 2019 12:29 pm

Thanks LawAdvocate. What you're saying making sense when injuries approach amputation value.

My question is really centered on the occupational variant issue for injuries that aren't close to amputations. There are many times an extremity has more than one impairment and may have different occupational variants. I'm just trying to see what you legal eagles think about this. It doesn't make sense to me that this would be limited to only amputations as generally amputations have one impairment, yet it would make sense to apply the highest for them. I'm not reading this as limiting to only amputations and am wondering how/why others see this. It could make a substantial difference in some ratings.
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Re: Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby vampireinthenight on Thu Feb 28, 2019 1:32 pm

Only when you are rating an "entire extremity".
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Re: Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby LawAdvocate on Thu Feb 28, 2019 3:01 pm

I have dealt with the issue, if the physician makes it equivalent to an amputation, I assert the occupational variant for an amputation and have been told by many DEU raters and judges that this is appropriate.

Otherwise, the PDRS calls for you to rate each body part separately and then add, subtract, divide, multiply or combine. So you would have to rate wrist, elbow, shoulder and hand seprately.
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Re: Interpretation of PDRS pg 1-11 Occ variant (California) (Cal

Postby Kurious1 on Thu Feb 28, 2019 3:47 pm

Thanks everyone!
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