What is "Work Disability"
In 2005, new statutes changed the way injured workers are paid permanent partial disability. "Permanent Partial Disability," also known as PPD, is the benefit that an injured worker receives a result of her loss of earning capacity. "Earning Capacity" refers to the person's ability to do different kinds of work. I often describe it as many doors of opportunity closing as a result of a permanent disability. There are experts, vocational counselors, that can actually put a dollar value on a person's lost earning capacity. However, with Oregon Workers' Compensation, the PPD benefit often does actually reflect the value of an injured worker's loss of earnings capacity.
The new PPD law and rules allocate PPD for the "whole person" and "work disability." Work disability is paid when the injured worker is unable to return to "regular work." Whether an injured worker has returned to regular work is often an issue we fight over. In one case, my client returned to the same job title, but was doing a whole lot less then before his injury. Even though he retained the same job title, and pay, the Workers' Compensation Division agreed that my client did not return to regular work, and he was awarded work disability.
The Workers Compensation Board is defining what "regular work" really means. For example is the loss of overtime due to physical limitations an inability to return to "regular work?" We shall see.
