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The short answer
It means your condition has stopped changing — not that you are better. It ends temporary disability, it starts permanent disability, and the report written at this moment determines most of what your claim is worth.
What P&S actually means
Permanent and stationary — the same thing as maximum medical improvement — means your condition has reached a plateau and is not expected to materially improve or worsen in the next year with further treatment.
It does not mean you are healed. It does not mean treatment stops. Future medical care for the injury remains part of the claim unless you settle it away.
Three things happen at once
Temporary disability ends. TD replaces wages while you are recovering. Recovery is now over, as the system defines it.
Permanent disability begins. The report assigns whole person impairment under the AMA Guides and states apportionment. That runs through the rating schedule to produce your percentage. How.
The clock on several deadlines becomes real — including whether you get a job displacement voucher, and whether the settlement discussion is about to start.
Read the report. Actually read it.
Six things to check:
Every injured body part is addressed. A body part that appears in your treatment records but not in the P&S report contributes nothing.
Work restrictions are stated specifically. "Light duty" is not a restriction. Pounds, hours, positions, and frequencies are.
Impairment is stated as whole person impairment, with the chapter, table, and method identified. Extremity percentages are not whole person percentages — 100% upper extremity is 60% whole person; 100% lower extremity is 40%.
Apportionment is explained, not just stated. Under Escobedo, an apportionment opinion must explain how and why a non-industrial factor caused a specific percentage of the disability. A percentage with no reasoning is not substantial evidence.
Future medical care is described — what you will need, for how long. This is the paragraph that determines whether a Compromise and Release makes sense.
And the strict rating is not obviously wrong for your injury. Some injuries rate poorly by design. Shoulders · knees · carpal tunnel · hearing loss.
If the report is wrong
There are procedures for objecting, for supplemental reports, for a deposition of the evaluator, and for cross-examination, and they have deadlines. What there is not, generally, is a way to fix it after the mandatory settlement conference — because under § 5502(d)(3), discovery closes there and undisclosed evidence is inadmissible.
This is the moment in the claim where a review is worth the most and costs the least. After the MSC, the record is largely fixed.
Talk to a lawyer
Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.
General information about California law, not legal advice about your case.
Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.
Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469
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