Insurance & LiensQuestion 108 of 1632

A "permanent and stationary" (P&S) status in workers' compensation means:

a.The injury has reached maximum medical improvement
b.The employee will never be able to work again at all
c.The employee is disabled and cannot be given light duty
d.The employer must pay permanent disability immediately

Explanation

Permanent and stationary is a medical conclusion rather than a legal one: the treating physician, an agreed medical evaluator or a qualified medical evaluator reports that the disability from all the conditions for which compensation is claimed has become permanent and stationary — the phrase §4658.7(b)(1) uses to start its own 60-day clock — which is the same idea clinicians call maximum medical improvement. It is the hinge of the claim, not the end of it. Permanent disability is then rated under §4660.1(a), which takes account of the nature of the physical injury or disfigurement, the employee's occupation and the employee's age at the time of injury, and §4650(b)(1) requires the first permanent disability payment within 14 days after the last payment of temporary disability — so money follows a rating, not the declaration itself, which is (d)'s error. (b) confuses the status with permanent total disability, a rating of 100 percent and a rare one. (c) confuses it with work restrictions: a worker can be permanent and stationary and still take modified or alternative work, which is precisely what §4658.7(b) rewards.

Law Reference: Labor Code §4658.7(b)(1); §4660.1(a); §4650(b)(1)

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