Identifying Permanently Disabled Workers with Disproportionate Earnings Losses
for Supplemental Payments
Author
: Seth A. Seabury and Ethan Scherer
Publisher
: RAND Corporation
Summary :In the early 2000s, California workers’ compensation insurance premiums were skyrocketing and
the system was in crisis. Plagued by high costs and inefficiency, this prompted a sweeping
reform bill in April 2004 that, among other things, dramatically changed the way individuals
with permanent partial disability (PPD) claims were compensated. In particular, the 2004 reform
bill (California Senate Bill 899, 2004) required disability ratings to be based on the fifth edition
of the American Medical Association’s Guides to the Evaluation of Permanent Impairment
(Cocchiarella and Andersson, 2001). The AMA Guides are measures of functional impairment
based on “objective” clinical evidence, and are thought to be less subjective than the old
California system. In addition to adopting the AMA Guides, SB 899 also required the use of
empirical data on earnings losses to determine benefit levels. The purpose of these adjustments
was to correct for inconsistencies that were found between disability ratings and earnings loss
estimates across different types of injuries (Reville et al., 2005). The earnings loss estimates
were applied to the disability ratings through what are called future earnings capacity (FEC)
adjustments. These FEC adjustments were multipliers from 1.1 to 1.4, depending on the type of
injury. For a period, costs fell and the system appeared to be stabilizing.
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