Understanding the Role of a Disability Rater in Workers’ Comp
In California workers’ compensation cases, a disability rater plays a key role in determining the amount of permanent disability benefits an injured worker may receive. The disability rater works within the Disability Evaluation Unit (DEU) of the Division of Workers’ Compensation (DWC).
This individual is responsible for reviewing medical reports and applying the appropriate formulas and schedules to assign a permanent disability percentage, which directly affects how much compensation an injured worker may be eligible for.
What Does a Disability Rater Do?
A disability rater evaluates medical documentation provided by a treating physician, Qualified Medical Evaluator (QME), or Agreed Medical Evaluator (AME). Using the Permanent Disability Rating Schedule (PDRS), the rater calculates a percentage that reflects how much the injury has impacted the worker’s ability to earn a living.
The calculation is based on:
- The medical impairment rating
- The injured worker’s age and occupation
- Whether any portion of the disability is due to non-work-related factors (apportionment)
- The date of injury, which determines which version of the rating schedule applies
The final disability percentage determines the number of weeks of permanent disability payments and the total compensation amount.
When Is a Disability Rater Involved?
A disability rater typically becomes involved in the following situations:
- The injured worker is not represented by an attorney and a summary rating is needed
- A workers’ compensation judge requests a formal rating during dispute resolution
- A party to the case requests a consultative rating to assist in negotiations
If the injured worker is represented by an attorney, disability ratings are often negotiated or resolved through settlement discussions, but a formal DEU rating may still be requested to help settle disputes.
Summary vs. Formal Ratings
- Summary ratings are prepared for unrepresented injured workers and are based on a QME or treating physician’s report.
- Formal ratings are issued at the request of a judge or during litigation and are used in hearings to resolve permanent disability disputes.
Both types of ratings are completed by disability raters trained to apply California’s complex rating system consistently and accurately.
Why the Disability Rater Matters
The disability rater’s work directly impacts the benefits an injured worker receives. An incorrect or incomplete medical report can result in a lower rating and fewer benefits. That is why it is important to ensure all necessary details—such as job duties, work restrictions, and medical impairments are clearly documented and reviewed.
Need Help With a Disability Rating Dispute?
If you believe your permanent disability rating does not accurately reflect your injury or if you are unsure how the rating was calculated, legal guidance can help. The Law Offices of Norman J. Homen represents injured workers throughout California and helps ensure that disability ratings are fair and properly supported by medical evidence. Contact us today for a free consultation.
