California § 4750 - For the purposes of this article, the following terms have the following meanings

§ 4750. For the purposes of this article, the following terms have the following meanings

For the purposes of this article, the following terms have the following meanings: (a) “Administrative director” means the Administrative Director of the Division of Workers’ Compensation. (b) “Combine,” “combined,” or “combination” means the incorporation of two or more values into a single value pursuant to the Multiple Disabilities Table or the Combined Values Chart in the Schedule for Rating Permanent Disabilities adopted in Section 9805 of Title 8 of the California Code of Regulations, pursuant to Sections 4660 and 4660.1. (c) “Director” means the Director of Industrial Relations or the director’s designated agents. (d) “Final determination” means final resolution by judicial determination, review, appeal, and writ. (e) (1) “Labor disabling” means one of the following that resulted in a loss of earnings, interfered with the employee’s work activity in the occupation or occupations in which the employee was employed, or otherwise had a demonstrable impact on the employee’s ability to perform work activity: (A) An impairment that resulted in an award of permanent partial disability. (B) A nonindustrial impairment that could support an award of permanent partial disability. (2) A preexisting disability is not labor disabling if treatable by medication or the use of a medical device so that the employee engaged in employment without incapacity to do work. (3) Notwithstanding Ferguson v. Industrial Accident Commission (1958) 50 Cal.2d 469, and its progeny, the Legislature intends, by revising the definition of “labor disabling” in Section 4750 of the Labor Code as added by this act, to restore the Subsequent Injuries Benefits Trust Fund to its original intent. (f) (1) “Opposite” means the other hand, arm, foot, leg, or eye that sustained the industrial injury and resulting disability subsequent to the already-disabled identical opposing member. (2) For the purposes of determining the identical opposing member, “arm” includes the wrist, elbow, and shoulder, but not the hand. (3) For the purposes of determining the identical opposing member, “leg” includes the ankle, knee, and hip, but not the foot. (g) “Preexisting disability” or “preexisting disability or impairment” means a disability that meets both the following criteria: (1) Existed prior to the subsequent industrial injury. (2) Was labor disabling at the time of the subsequent industrial injury. (h) “SIBTF” means the Subsequent Injuries Benefits Trust Fund. (i) “SIBTF benefits” means additional permanent disability payments due to an eligible employee under this article. (j) “Subsequent industrial injury” or “subsequent compensable injury” means a compensable industrial injury that is asserted as the basis for a claim for SIBTF benefits. (k) “Whole person impairment percentage” means the whole person impairment rating, also referred to as the impairment standard, as determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment, Fifth Edition, without adjustment for diminished future earning capacity, occupation or age of the employee, or any other factor, and without multiplication by the 1.4 adjustment factor referred to in subdivision (b) of Section 4660.1.