I fell 20 ft. at work suffering a right temporal lobe brain injury 8 facial fractures and fractured ribs along with internal injuries.Does labor code 4662 apply to my case here in California?
2 Answers from Attorneys
California Labor Code, Section 4662 does apply to workers' compensation claims in California.
It is important for you to know that in addition to your workers' compensation claim, you might have a third party case as well. Given the nature and extent of your very serious injuries, I strongly suggest consulting with an attorney.
You can contact my office at 1.877.505.INJURY (4658), or, google my name, David B. Lupoff to learn more about my services. My website is www.lupofflaw.com. MY CONSULTATION IS FREE.
Labor Code section 4662 provides:
Any of the following permanent disabilities shall be
conclusively presumed to be total in character:
(a) Loss of both eyes or the sight thereof.
(b) Loss of both hands or the use thereof.
(c) An injury resulting in a practically total paralysis.
(d) An injury to the brain resulting in incurable mental
incapacity or insanity.
In all other cases, permanent total disability shall be determined
in accordance with the fact.
It does not appear that you are 100% disabled. You would need a medical report to say that.
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