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Friday, October 2, 2026

California painter denied workers' comp for permanent disability - HRD America

Workers' Compensation Appeals Board explains how to receive an increased impairment rating for psychiatric injury

A recent worker’s compensation case cited the American Medical Association Guides to the Evaluation of Permanent Impairment, which lists the activities of daily living as self-care and personal hygiene, communication, physical activity, sensory function, nonspecialized hand activities, travel, sexual function, and sleep.

The case of Schaan vs. Jerry Thompson & Sons; Liberty Mutual involved a worker’s compensation claim. The applicant alleged that, while employed as a painter by Jerry Thompson & Sons, he sustained injury to his bilateral shoulders, psyche, sleep, and digestive system, as well as gastroesophageal reflux disease, sexual dysfunction, and hypertension.

The workers’ compensation administrative law judge decided that the applicant did not sustain a catastrophic injury under section 4660.1(c)(2)(B) of California’s Labor Code. The judge found that the applicant’s injury caused 74% permanent disability and that he should not receive compensation for permanent disability for his psychiatric condition.

The applicant asked for reconsideration. He argued that his injury was catastrophic, that he was 100% permanently disabled, and that he was entitled to an increase in his permanent disability for the impairment that his psychiatric condition caused.

The panel of the Workers’ Compensation Appeals Board of California affirmed the judge’s findings and...



Read Full Story: https://www.hcamag.com/us/specialization/employment-law/california-painter-de...