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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 7. Schedule for Rating Permanent Disabilities
§9805.1. Data Collection, Evaluation, and Revision of Schedule.
The Administrative Director shall: (1) collect for 18 months permanent disability
ratings under the 2005 Permanent Disability Rating Schedule (PDRS) effective for
injuries occurring on or after 1/1/05 and effective for injuries occurring on
or after 4/19/04 and before 1/1/05 where there has been either no comprehensive
medical-legal report or no report by a treating physician indicating the existence
of permanent disability, or when the employer is not required to provide the notice
required by Labor Code Section 4601 to the injured employee; (2) evaluate the
data to determine the aggregate effect of the diminished future earning capacity
adjustment on the permanent partial disability ratings under the 2005 PDRS; and
(3) revise, if necessary, the diminished future earning capacity adjustment to
reflect consideration of an employee's diminished future earning capacity for
injuries based on the data collected. If the Administrative Director determines
that there is not a sufficient amount of data to perform a statistically valid
evaluation, the Administrative Director shall continue to collect data until a
valid statistical sample is obtained. If there is a statistically valid sample
of data that the Administrative Director determines supports a revision to the
diminished future earning capacity adjustment, the Administrative Director shall
revise the PDRS before the mandatory five year statutory revision contained in
Labor Code section 4660(c).
Authority cited: Sections 133 and 5307.3, Labor Code. Reference: Sections 4660,
4662, 4663 and 4664, Labor Code.
1. New section filed 6-10-2005; operative 6-10-2005 (Register 2005, No. 23).
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