California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations › Article 4 - Evaluation Procedures › Section 44 - Method of Evaluation of Pulmonary Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For all claims arising before January 1,
				  2005, not subject to section
				  44(b), the method
				  of measuring the pulmonary elements of disability shall be as set forth below
				  in the "Guidelines for Evaluation of Pulmonary Disability" as adopted by the
				  Industrial Medical Council on December 4, 1997. The full text of this document
				  is available at no charge on the web at www.dir.ca.gov/IMC/guidelines.html or
				  by calling the Medical Unit at 1-800-794-6900.
(b) For all claims having dates of injury on
				  or after January 1, 2005, and for those compensable claims arising before
				  January 1, 2005, 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 claims administrator, or if none the
				  employer, is not required to provide the notice required by section
				  4061 to the injured worker, the
				  method of measuring the pulmonary elements of impairment shall be as described
				  in the American Medical Association, Guides to the Evaluation of Permanent
				  Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be
				  described by applying the provisions of the Permanent Disability Rating
				  Schedule adopted by the Administrative Director pursuant to section
				  9805 of Title 8 of the California
				  Code of Regulations.
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1. New
					 section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).
2.
					 Amendment of section and NOTE filed 6-19-98; operative 7-19-98 (Register 98,
					 No. 25).
3. Change without regulatory effect amending section filed
					 7-12-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted
					 pursuant to the Administrative Procedure Act that had previously been
					 incorporated by reference in the California Code of Regulations was instead
					 printed in full in the California Code of Regulations.
4. Amendment
					 of section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No.
					 3).
Note: Authority cited: Section
						133,
						39.2(j)(2) and
						5307.3 Labor Code. Reference:
						Sections
						139.2(j)(2),
						4060,
						4061,
						4062,
						4062.1,
						4062.2,
						4067,
						4628 and
						4660, Labor
						Code.