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Common questions

"The pain is worse than the number."

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The short answer

There is a pain add-on, and it is small — capped at 3% whole person impairment.

And there is a rule that makes it worse: the add-on cannot be included if the underlying rating for the industrial condition is 0%.

Which means the workers with the most disappointing ratings are the ones least able to use it. We would rather tell you that than let you find out at the end.

What the pain add-on actually is

Chapter 18 of the AMA Guides addresses pain-related impairment. "The maximum allowance for pain resulting from a single injury is 3% WPI regardless of the number of impairments resulting from that injury."

Three percent. Once. No matter how many body parts.

Where it can be used:

Excess pain with a verifiable condition — pain beyond what would be expected from the documented findings. Persistent radiculopathy after surgery is the classic example.

Well-established pain syndromes without significant organ dysfunction — headache, post-herpetic neuralgia, trigeminal neuralgia, and complex regional pain syndrome. How CRPS is rated.

Associated pain syndromes where the organ-system rating does not capture the added burden.

Where it cannot:

Where the body-system rating already encompasses the pain. Most conventional ratings are built assuming a normal amount of pain for that condition. You do not get paid twice for the expected pain.

Where credibility is not documented.

Where the syndrome is ambiguous or non-verifiable. Fibromyalgia is expressly not ratable under this chapter.

And the hard one: "The add-on for pain cannot be included if the underlying rating for the industrial condition is 0% WPI."

Pain can supplement a rating. It cannot create one. A worker whose strict rating is zero — a successful rotator cuff repair, a resolved trigger finger, a hearing loss below the 25 dB fencegets nothing from Chapter 18 either.

Where the real argument lives

Not in Chapter 18. In Almaraz/Guzman.

Where the strict rating does not accurately reflect the impairment, a physician may use a different method inside the Guides — provided they give the strict rating, explain why it fails, identify the alternative, and explain why it is more accurate.

That is where a case with disproportionate pain is actually made, and it has to be built before the evaluation rather than requested after it. What Almaraz/Guzman is and what it requires.

And what to make sure is in the record

Activities of daily living, in detail. Several impairment methods are driven entirely by ADL loss — the skin chapter, the brain chapter, and the spinal cord axes among them. Evaluators write down what they are told.

Medication and its consequences, including side effects and gastrointestinal effects — which are compensable consequences in their own right. More.

Sleep disruption — though note § 4660.1(c)(1) bars increasing the rating for sleep dysfunction for post-2013 injuries unless the injury was catastrophic or you were the victim of a violent act. How that exception works.

And describe your limits accurately including the good days. "On a good day I can do X, and then I'm down the rest of the day" is truthful, it is what the evaluator needs, and it cannot be contradicted by a surveillance video. More.

Talk to a lawyer

Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.

(213) 380-931024/7 intake (213) 463-6469

General information about California law, not legal advice about your case.

Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.

Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469

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