Labor Code §4660.1 – How PD Is Rated (2013+ Injuries)

Labor Code §4660.1 sets how permanent disability is rated for California work injuries on or after January 1, 2013: a doctor measures your whole person impairment (WPI) under the AMA Guides, 5th Edition, that number is multiplied by 1.4, and the result is then adjusted for your occupation and your age at the time of injury. The section also limits extra impairment for sleep dysfunction, sexual dysfunction and psychiatric disorders that arise out of a physical injury, with one narrow exception for psychiatric injuries.

Your rating is the number that drives your permanent disability (PD) payments. A few points of whole person impairment can mean thousands of dollars, so it pays to understand each step and where ratings go wrong.

This guide explains what Labor Code 4660.1 says, how the 1.4 formula works with real numbers, the add-on limits and their exception, common disputes, what to do with a rating report, and related sections.

What Labor Code §4660.1 says

Section 4660.1 applies only to injuries occurring on or after January 1, 2013. Older injuries are rated under §4660 and earlier schedules. In plain English, the subdivisions say:

• (a) A permanent disability percentage must account for the nature of the physical injury or disfigurement, your occupation, and your age at the time of injury.
• (b) “Nature of the physical injury” means the impairment descriptions and percentages in the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition, with your whole person impairment “multiplied by an adjustment factor of 1.4.”
• (c) Ratings for sleep dysfunction, sexual dysfunction or psychiatric disorder arising out of a compensable physical injury do not increase your impairment, except for certain psychiatric injuries (explained below). You can still get treatment for these conditions.
• (d)–(f) The Administrative Director may adopt a schedule of age and occupational modifiers. Until it is amended, 2013-and-later injuries use the modifiers in the rating schedule adopted as of January 1, 2005. The schedule is prima facie evidence of the percentage of disability, and amendments apply only to later injuries.
• (g) Nothing in the section prevents a finding of permanent total disability under §4662.
• (h) The Legislature stated it did not intend to overrule the Court of Appeal’s decision in Milpitas Unified School District v. Workers’ Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808.

Key fact

How the 1.4 formula works

For 2013-and-later injuries, the rating follows a fixed sequence. The DWC’s published rating instructions say to replace the old “future earning capacity” adjustment in the 2005 Permanent Disability Rating Schedule (PDRS) with the 1.4 multiplier, then adjust for occupation and age:

1. A treating doctor, Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) finds your whole person impairment under the AMA Guides, 5th Edition.
2. The WPI is multiplied by 1.4, using the DWC’s rounded chart.
3. The result is adjusted for your occupational group and your age at injury using the 2005 PDRS.
4. Multiple impairments are combined into one final rating, and any apportionment under §4663 is applied.
5. The final rating sets your number of weeks of PD under §4658, paid at your PD weekly rate.

Here is how the DWC chart converts some common WPI numbers:

Whole person impairment (WPI)	After 1.4 adjustment
5%	7%
10%	14%
15%	21%
20%	28%
30%	42%
50%	70%
72% or more	100% (the chart tops out)

The occupational and age adjustments that follow can move the number up or down, so the 1.4 figure is not your final rating.

Watch: injured at work in California

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What a rating is worth

Once you have a final rating, §4658 sets the number of weeks, and the PD weekly rate is two-thirds of your average weekly earnings within limits set by §4453. For injuries on or after January 1, 2014, the PD rate is between $160 and $290 a week for any rating under 100 percent. Workers earning $435 a week or more receive the $290 maximum.

💡 Example: Andre, a delivery driver earning $900 a week, injures his back in 2025. After the 1.4 adjustment and the occupation and age modifiers, his final rating is 20 percent with no apportionment. Under §4658, a 20 percent rating is paid for 75.5 weeks. Because he earned more than $435 a week, his PD rate is the $290 maximum. 75.5 weeks × $290 = $21,895 in permanent disability. If the same rating had been 25 percent, he would be paid for 100.75 weeks, or $29,217.50. (Hypothetical; actual ratings depend on the medical reports and the rating schedule.)

Our workers’ comp calculator runs these numbers for you, and our guide to what a permanent disability rating is worth explains each step.

The limits on psych, sleep and sexual dysfunction add-ons

Subdivision (c)(1) is one of the most important limits in the 2013 reform. When sleep dysfunction, sexual dysfunction or a psychiatric disorder arises out of a compensable physical injury, the impairment rating for those conditions “shall not increase.” For example, insomnia caused by chronic back pain does not add impairment to the back rating.

The limit does not take away treatment. The statute says it does not limit your ability to get treatment for these conditions when they are a consequence of the industrial injury.

There is one exception, and it applies only to psychiatric disorders, never to sleep or sexual dysfunction. Under (c)(2), an increased impairment rating for a psychiatric disorder is allowed if the compensable psychiatric injury resulted from either:

• A violent act: being a victim of a violent act or having direct exposure to a significant violent act, within the meaning of Labor Code §3208.3; or
• A catastrophic injury: including, but not limited to, loss of a limb, paralysis, a severe burn, or a severe head injury.

Sleep dysfunction and sexual dysfunction have no exception in §4660.1(c), even after a violent act or catastrophic injury.

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Common disputes over §4660.1 ratings

• The WPI itself. Most rating fights start with the doctor’s impairment number: which AMA Guides table applies, whether range-of-motion or other methods were used correctly, and whether the report explains its reasoning.
• Alternative ratings. Because §4660.1(h) preserves the Guzman decision, parties sometimes argue that a strict application of the Guides does not accurately reflect the impairment and that the physician should use another part of the Guides. Whether that argument works depends on a well-reasoned medical report.
• Whether an injury is “catastrophic.” The listed examples are not exclusive, so the psych exception often turns on the facts of the injury.
• Whether there was a violent act. This is decided under the standards of §3208.3.
• Occupational group and age. A wrong occupational code can lower a rating. Check the job description used.
• Apportionment. Under §4663, the doctor must address what percentage of the disability was caused by the work injury and by other factors.
• Permanent total disability. Under §4660.1(g) and §4662, a worker may still be found 100 percent disabled even if the schedule produces a lower rating.

By the numbers$290

What to do with your rating report

1. Get the full report. Ask for the complete QME, AME or treating doctor report, not just the summary.
2. Check the date of injury. Make sure the 2013-and-later rules are being used, including the 1.4 adjustment.
3. Look at every body part. Confirm the doctor rated each injured body part and condition you claimed.
4. Check the occupation. Make sure your real job duties were used for the occupational modifier.
5. Review apportionment. Ask whether the doctor explained how and why any percentage was assigned to other causes.
6. Know your deadlines. Disputes over medical findings follow the QME process in §§4061 and 4062. See our guide to permanent disability disputes.
7. Talk to a lawyer before you settle. A rating is often negotiable when the report has gaps.

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Related Labor Code sections

Section	What it covers
§4658	Weeks of permanent disability for each rating
§4453	Minimum and maximum PD weekly rates
§4659	Life pension and 100 percent permanent total disability
§4662	Permanent total disability, including disability determined “in accordance with the fact”
§4663	Apportionment of permanent disability by cause
§3208.3	Psychiatric injury claims and the violent-act standard
§4658.7	The $6,000 SJDB voucher for workers who cannot return to their job

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Frequently asked questions

Does the 1.4 multiplier apply to my injury?

It applies to injuries occurring on or after January 1, 2013. For cumulative trauma claims, the date of injury is set by Labor Code §5412, so confirm which date applies to your case.

Is my rating the same as my whole person impairment?

No. WPI is the starting number from the doctor. Under Labor Code 4660.1 it is multiplied by 1.4 and then adjusted for occupation and age, and multiple impairments are combined.

Can I get a higher rating for depression after my work injury?

Generally not if the depression arose out of a physical injury. The exception is a psychiatric injury that resulted from a violent act or a catastrophic injury such as loss of a limb, paralysis, a severe burn or a severe head injury. You can still get treatment either way.

Does the exception cover sleep problems or sexual dysfunction?

No. The exception in §4660.1(c)(2) applies only to psychiatric disorders.

What if I disagree with the doctor’s rating?

Disputes over medical findings are resolved through the QME or AME process, and the final rating can be challenged before a workers’ compensation judge. Talk to an attorney before you sign any settlement.

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