How would this situation impact the Labor Code section 4658(d) +/-15 percent requirement?
The 15 percent PD adjustment cannot be taken until the employee is P&S, even though the employer provided modified or alternative work immediately. L.C. 4658(d) specifically uses the P&S date to start the PD adjustment process. Also, the 15 percent PD reduction cannot begin until there has been an actual offer of the position. Q: The injured worker was examined by an agreed medical evaluator AME who indicated the he or she has permanent residuals. The injured employee continued to perform the regular job duties. The employee has now retired; however, unfortunately we have gone past 60 days. Is a notice still required offering the employee regular work after retirement? A: No, administrative regulation 10117(b) states that within 60 calendar days from the date the condition of an injured employee with permanent partial disability becomes permanent and stationary, notices are required. The permanent and stationary status assumes that the employee has been temporarily disabled at some poi
