California Workers' Comp: What Does "Permanent and Stationary" Mean? (2024)

Learn what happens in a workers’ comp case when your doctor says that your medical condition isn’t likely to get better.

By Sachi Clements, Attorney · University of San Francisco School of Law
Updated by Aaron Hotfelder, J.D. · University of Missouri School of Law

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If you've suffered a workplace injury and your doctor has stated they you're "permanent and stationary," you might be wondering what that means and how it will affect your workers' comp case.

Here's what you need to know.

"Permanent and Stationary" Meaning in California

A finding that you're "permanent and stationary" (P&S) means that, in your treating doctor's opinion, you've reached a point where your medical condition probably isn't going to improve.

You may also have heard the term maximal (or maximum) medical improvement (MMI), which means roughly the same thing as P&S. For purposes of California workers' comp, MMI means that your condition is stable and isn't likely to change substantially in the next year, with or without additional medical treatment.

If you're still receiving temporary disability benefits when you reach P&S status, those payments will generally stop at this point. At the same time, however, your doctor will decide if your injury has resulted in any lasting physical or mental limitations.

For example, if you can no longer do heavy lifting or overhead reaching, this should be noted in your doctor's report.

The report will then be "rated," using an established formula, to decide the extent of any permanent disability that you have (called a "permanent disability rating").

That rating is then plugged into various charts to determine the amount of permanent disability benefits that you're entitled to receive. (To learn more about how this works in your state, see our article on permanent disability benefits in California.)

Review the Doctor's Report

Because your doctor's medical report will determine the amount of benefits you're entitled to, you should read it carefully. Make sure the report accurately reflects your current condition, including any limitations that will affect your daily activities or your ability to work.

Notify your employer's insurance company right away (in writing) if you disagree with anything in the report. In California, if you object to your doctor's finding about any permanent limitations, the insurance company must give you a form for requesting an independent medical exam—unless you have an attorney, in which case your lawyer will arrange the evaluation.

An experienced workers' comp lawyer can also help resolve any other disputes about your medical condition and eligibility for benefits, including whether you'll need more medical treatment.

California Workers' Comp: What Does "Permanent and Stationary" Mean? (2024)

FAQs

California Workers' Comp: What Does "Permanent and Stationary" Mean? ›

Back To Workers' Compensation. Permanent and stationary (P&S) is a term doctors use to say that your condition has reached the point that it is permanent and not likely to substantially improve or change within the next year, despite more treatment.

What is permanent and stationary workers comp in California? ›

Permanent and stationary status in California workers' compensation is a medical determination. An injured worker can only become permanent and stationary based on a medical report. The treating doctor will treat the injured worker until he or she believes that further treatment will not be effective.

What counts as a permanent disability? ›

Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.

What does permanent disability pay in California? ›

Permanent disability payments come weekly, and the payment is two-thirds the amount of the applicant's weekly wage before the disability occurred.

What does "not permanent and stationary" mean? ›

"Permanent and Stationary" Meaning in California

A finding that you're "permanent and stationary" (P&S) means that, in your treating doctor's opinion, you've reached a point where your medical condition probably isn't going to improve.

Can you be fired while on workers comp in California? ›

However, this does not mean that you will never be fired while you're on workers' compensation in California. The law only prohibits employers from firing you because of a workers' compensation claim. You may lose your job while on workers' compensation for other reasons.

How is MMI calculated? ›

Calculating your MMI workers' comp California benefits depends on several factors such as: The nature of work you were undertaking at the time of the injury. The degree of permanent functional restrictions suffered. Medical treatment required to treat the injury.

What does permanent and stationary mean by the QME? ›

When you reach a point where your medical condition is not improving and not getting worse, your condition is called “permanent and stationary” (P&S). This is referred to as the point in time when you have reached maximal medical improvement (MMI). When this happens, your primary treating physician writes a P&S report.

How do you prove permanent disability? ›

Statements or letters on a physician's/medical professional's letterhead stationary. Statements, records or letters from a Federal Government agency that issues or provides disability benefits. Statements, records or letters from a State Vocational Rehabilitation Agency counselor.

What does 30% impairment mean? ›

A 30% Impairment Rating means that an employee's impairment limits them from working at least 30% of their usual duties at work. While every workplace will have different standards for productivity, this is the basic level of performance most employers expect from employees.

What is the total permanent disability payout? ›

TPD payout amounts vary depending on the insurance conditions of your super fund and the specifics of your case. Lump sums can range from anywhere between $30,000 to $1,500,000.

What pays more, workers' comp or disability in California? ›

In most cases, if you're injured on the job, workers' compensation will offer greater financial benefits.

What's the most you can make on permanent disability? ›

Social Security Disability Insurance (SSDI) – The maximum payment is $3,822 a month (up from $3,627 in 2023). The maximum family benefit for SSDI is about 85% to 150% of the disabled worker's benefit. The maximum payment at full retirement age is $3,822 monthly. However, if you retire at age 62, your benefit is $2,710.

What is an example of a permanent disability? ›

Depending on your state's rules, you may receive the classification of permanent total disability in some or all of the following situations: You've become paralyzed due to spinal cord damage. You've experienced a serious traumatic brain injury. You've lost multiple limbs and/or appendages.

Is permanent and stationary good? ›

When a patient is evaluated as 'permanent and stationary,' it means that the treating physician's medical opinion is that the condition is stable and likely permanent. In the state of California, a designation of 'permanent and stationary' is often called 'maximum medical improvement (MMI).

What is a lump sum payment for permanent impairment? ›

If you (the worker) have a permanent impairment as a result of a work related injury or illness, you may be entitled to receive a lump sum payment as compensation. This is in addition to weekly payments, medical and related expenses that may generally be available through the workers compensation system.

When a case is rated for permanent disability and settled, this is called? ›

When a case is rated for permanent disability and settled, this is called. compromise and release. Final determination involving settlement of an industrial accident is known as. adjudication.

How long can you stay on workers comp in California? ›

Workers' Comp Time Limits

In most cases, the benefits will last no more than two years. In cases of more severe injuries, the benefits could last up to 240 weeks, although they need not be taken consecutively. Typically, only in cases where full recovery is not possible will permanent benefits be paid out.

What is the maximum workers comp settlement in California? ›

The maximum amounts available for PD in 2022 are as follows: Between 1% and 70%: Payments are a maximum of $290 per week. Between 70% and 99%: Payments are just over $300 per week. At this level, you can receive a “life pension,” which begins when you exhaust the limit for weekly payments.

Can I get another job while on workers comp California? ›

A: You can get another job while on workers' comp, but there are factors to consider. Taking on a new job, especially one that is physically demanding, could give the appearance that you have healed and do not need workers' compensation.

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