California Labor Code § 4660.1

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ14589712 · 2026-06-12 · San Francisco District Office§ 4660.1

  Determinative passage · p.6III. Defendant further contends that applicant failed to satisfy the requirements outlined under Vigil for rebuttal of the CVC method of rating with respect to the bilateral knees. (Petition, p. 4.) Pursuant to section 4660.1, the Permanent Disability Rating Schedule (PDRS) is prima facie evidence of an injured employee's permanent disability. (Lab. Code, § 4660; cf. Ogilvie v. Workers' Comp. Appeals Bd. (2011) 197 Cal.App.4th 1262, 1274-1277 [76 Cal.Comp.Cases 624].) The PDRS provides that the ratings for multiple body parts arising out of the same injury are "generally" combined using the CVC, which is appended to the PDRS. (2005 PDRS, at p. 1- 10.)Yet, because it is part of the PDRS, the CVC is rebuttable and a reporting physician is not precluded from utilizing a method other than the CVC to determine an employee's whole person impairment so long as the physician's opinion remains within the four comers of the AMA Guides.

  Applicant may rebut CVC by showing ADLs impacted and non-overlapping or amplifying effects.

  Official decision · page 6 →
• ADJ12792074 · 2026-04-27 · Sacramento District Office§ 4660.1

  Determinative passage · p.14(a) there is no overlap between the effects on ADLs as between the body parts rated; or (b) there is overlap, but the overlap increases or amplifies the impact on the overlapping ADLs. (Vigil, supra, 89 Cal. Comp. Cases at p. 694.) In the en banc decision in Nunes I, supra, 88 Cal.Comp.Cases 741, we held that section 4663 requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment, but that the Labor Code makes no statutory provision for "vocational apportionment." However, we further held that vocational evidence may be used to address issues relevant to the determination of permanent disability. While the PDRS is presumptively correct (see Milpitas Unified School Dist. v. Workers' Comp. Appeals Bd. (2010) 187 Cal.App.4th 808, 826 [75 Cal.Comp.Cases 837]), "a rating obtained pursuant to the PDRS may be rebutted by showing an applicant's diminished future earning capacity is greater than that reflected in the PDRS." (Nunes I, supra, 88 Cal.Comp.Cases at p. 749.) Among the methods described for challenging a rating obtained under the PDRS was establishing that "the injury to the employee impairs his or her rehabilitation, and for that reason, the employee's diminished future earning capacity is greater than reflected in the employee's scheduled rating." (Ogilvie v. Workers' Comp. Appeals Bd.

  Vocational evidence must address apportionment and cannot substitute impermissible vocational apportionment for medical apportionment.

  Official decision · page 14 →
• ADJ17943105 · 2026-01-12 · Santa Rosa District Office§ 4660.1

  Determinative passage · p.6Section 4660.1 sets forth the framework for determining the appropriate percentage of permanent disability. Specifically, subdivision (b) requires that whole person impairment be determined based on the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). Subdivision (d) provides for a Schedule for Rating Permanent Disabilities (PDRS).

  Applied to determine permanent disability rating for left ankle.

  Official decision · page 6 →
• ADJ9775364 · 2025-12-09 · Fresno District Office§ 4660.1

  Determinative passage · p.4One element of the PDRS is the Combined Values Chart (CVC). The purpose of the CVC is described within the PDRS, which cites to the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th Edition (2001) (AMA Guides), which is adopted and incorporated for purposes of rating permanent disability under the 2005 PDRS. (Lab. Code, § 4660, 4660.1; Hoch, Andrea, Schedule for Rating Permanent Disabilities, (2005), p. 1-11; AMA Guides, pp. 9-10.) In sum, impairment under the AMA Guides is designed to reflect how a disability affects a person's activities of daily living ("ADLs") (self-care, communication, physical activity, sensory function, non- specialized hand activities, travel, sex, and sleep). (AMA Guides, pp. 2-9.) CVC "values are derived from the formula A + B(1-A) = combined value of A and B, where A and B are the decimal equivalents of the impairment ratings." (AMA Guides, p. 604.)5

  The CVC values are derived from a formula to combine impairments, but may be rebutted where there is no overlap or where overlap amplifies impact on activities of daily living (ADLs).

  Official decision · page 4 →
• ADJ11372081 · 2025-11-17 · Van Nuys District Office§ 4660.1

  Determinative passage · p.9Section 4660.1 provides that permanent disability is determined by consideration of whole person impairment within the four corners of the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA Guides), as applied by the Permanent Disability Rating Schedule (PDRS) in light of the medical record and the effect of the injury on the worker's future earning capacity. (Brodie v. Workers' Comp. Appeals Bd. (2007) 40 Cal.4th 1313, 1320 [72 Cal.Comp.Cases 565] ["permanent disability payments are intended to compensate workers for both physical loss and the loss of some or all of their future earning capacity"]; Department of Corrections & Rehabilitation v. Workers' Comp. Appeals Bd. (Fitzpatrick) (2018) 27 Cal.App.5th 607, 614 [83 Cal.Comp.Cases 1680]; Almaraz v. Environmental Recovery Service/Guzman v. Milpitas Unified School District (2009) 74 Cal.Comp.Cases 1084 (Appeals Board en banc) as affirmed by the Court of Appeal in Milpitas Unified School Dist. v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837].)

  Applied to assess permanent disability ratings and the method of combining impairments.

  Official decision · page 9 →
• ADJ9477887 · 2025-10-29 · Oakland District Office§ 4660.1

  Determinative passage · p.5A. There was No Timely Appeal of the Findings and Award of 03-30- 2020 Barring Additional Permanent Disability for Psychiatric Injury under Labor Code section 4660.1

  Applicant's psychiatric injury is barred from add-on disability under this section as injury was not catastrophic or due to violent act; prior final finding is binding

  Official decision · page 5 →
• ADJ10908652 · 2025-09-16 · Los Angeles District Office§ 4660.1

  Determinative passage · p.8(c) (1) Except as provided in paragraph (2), there shall be no increases in impairment ratings for sleep dysfunction, sexual dysfunction, or psychiatric disorder, or any combination thereof, arising out of a compensable physical injury. Nothing in this section shall limit the ability of an injured employee to obtain treatment for sleep dysfunction, sexual dysfunction, or psychiatric disorder, if any, that are a consequence of an industrial injury.

  The Board clarified that psychiatric disability directly caused by industrial injury is compensable and requires proper apportionment.

  Official decision · page 8 →
• ADJ13465387 · 2025-08-01 · San Francisco District Office§ 4660.1

  Determinative passage · p.3Applicant's Whole Person Impairment percentages, when adjusted in accordance with Labor Code section 4660.1 and the current rating schedule, produce the following percentages of permanent disability:

  Applied to adjust Whole Person Impairment percentages for permanent disability rating.

  Official decision · page 3 →