California Regulations 44

• Amendment effective 2/17/09

(a) For all claims arising before January 1, 2005, not subject to section 44(b), the method of measuring the pulmonary elements of disability shall be as set forth below in the "Guidelines for Evaluation of Pulmonary Disability" as adopted by the Industrial Medical Council on December 4, 1997. The full text of this document is available at no charge on the web at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794- 6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the pulmonary elements of impairment shall be as described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

Note: Authority cited: Section 133, 39.2(j)(2) and 5307.3 Labor Code. Reference: Sections 139.2(j)(2), 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. New section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).

2. Amendment of section and Note filed 6-19-98; operative 7-19-98 (Register 98, No. 25).

3. Change without regulatory effect amending section filed 7-12-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).