Full Text of Labor Code §4658
§ 4658. Compensation for Permanent Disability
(a) If the injury causes permanent disability, the percentage of disability to total disability shall be determined pursuant to Section 4660.
(b) The percentage of permanent disability shall be multiplied by a number specified in subdivision (b) or (d), based on the date of injury and the number of weeks indicated in the schedule, to calculate the total number of weeks for which payments shall be made.
(c) Each weekly payment shall be in the amount specified in Section 4453, subject to minimum and maximum limits.
(d) If the injured worker does not return to work within 60 days after temporary disability ends, and the employer does not offer regular, modified, or alternative work meeting specific wage and location requirements, the weekly PD benefit increases by 15%.
(e) If the employer offers appropriate work and the employee declines, the weekly benefit decreases by 15%.
Note: This is a paraphrased summary of the full statute for clarity. Consult the official California Labor Code for the authoritative version.
Summary of Labor Code §4658
Labor Code §4658 outlines how permanent disability (PD) benefits are calculated and paid in California workers’ compensation cases. PD benefits are paid when an injured worker has a lasting physical or mental impairment caused by their work-related injury.
Here’s how it works:
- Your PD rating is calculated as a percentage based on factors like age, occupation, and the extent of your medical impairment (see Labor Code §4660).
- That percentage is used to calculate the number of weeks of PD payments you receive.
- The weekly payment amount is set by law and depends on your average weekly wages, subject to minimum and maximum limits.
- If your employer doesn’t offer you suitable work within 60 days of your temporary disability ending, your PD payments are increased by 15%.
- If you decline a valid job offer, your payments are reduced by 15%.
Why It Matters
This section is crucial because it determines:
- How much money you receive if your injury causes permanent impairment.
- Whether you’re entitled to additional money (or less) depending on your employer’s return-to-work offer.
Learn More
Check out our Top 25 Labor Codes for Workers’ Comp for a full breakdown of the most important California workers’ compensation statutes.
Final Thoughts
Labor Code §4658 is your safeguard for payment for your permanent disability. If you disagree with a treating physician’s opinion—or your treatment is being cut off—don’t delay. The clock is ticking.
Contact Employees First Labor Law to make sure your medical rights are protected and your recovery isn’t compromised.
