What is an Impairment Rating for Utah Workers Compensation?
Utah Law says that “An employee who sustained a permanent impairment as a result of an industrial accident and who files an application for hearing under Section 34A-2-417 may receive a permanent partial disability award from the commission.” U.C.A. 34A-2-41(1).
An impairment rating is normally given when a person’s work injury has been rehabilitated as far as it can go with treatment and the person is considered to be at “maximum medical improvement. Impairment ratings are given under the 5th AMA guides, or the Utah specific independent guidelines.
Some injuries follow a specific schedule which can me found in the Utah Code here, such as amputations.
Impairment ratings in Utah are calculated by taking the “whole person” impairment under the Utah or AMA 5th guide and multiplying that by 312 weeks, then taking that number and multiplying it by the “comp rate” (or 2/3 of the average weekly wage. For example a 5% impairment rating (Assuming the weekly maximum comp rate would be calculated as follows
5% x 312 = 15.6 x 545 = $8502.00 of compensation
Normally, this compensation is paid out over time, but a person can request a lump sum agreement (Form 134 found here) in order to have that paid up front. The amount will however be reduced by 8% as a result.
Check out our other post on Independent Medical Evaluations for more information on how the rating can sometimes take place.