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September 2020 Revision
Unscheduled
If the permanent impairment does not fall into the categories listed in the scheduled injuries, it is
classified as an unscheduled general disability. Examples of these types of injuries include occupational
diseases and injuries to the hip, shoulder, or back or a combination of impairments or a history of prior
impairment(s). With this type of injury, the ICA determines how much compensation, if any, you will
receive. This decision is based on the effect the injury has on your ability to return to work and the
wages you are able to earn compared to your average monthly wage on the date of your injury. Many
factors are taken into consideration, such as age, education, previous occupations, physical limitations,
and wages earned after the injury. You will receive a questionnaire from the ICA requesting this
information.
The ICA will calculate your unscheduled permanent partial compensation at 55% of the difference
between your average monthly wage and the amount they estimate you will be able to earn (reduced
earning capacity) given your injury or at 66⅔% of the average monthly wage if you are determined to
have a total loss of earning capacity. The Claims Division of the ICA will send you a form entitled
“Findings and Award for Unscheduled Permanent Partial/Total Disability,” explaining the amount of
money you will be receiving each month. The money is paid by the carrier and is retroactive (goes back)
to the date of discharge by the doctor(s). The ICA may find that because you have returned back to
work earning the same as or in excess of your established average monthly wage that you have
sustained no loss of earning capacity. This means that the ICA recognizes that you have a permanent
impairment, however, it is not affecting your earning capacity at this time. Your carrier is entitled to a
credit if you have received an award for compensation on a prior disability.
If you, your employer, or the carrier disagree with this award, a request for hearing may be filed within
90 days from the issuance date of this award.
The carrier is not required to continue compensation from the time you are discharged from treatment
to the time the ICA issues the Findings and Award for Unscheduled Permanent Partial Disability, but may
do so voluntarily. If the advanced amount is larger than what is found in the award issued by the ICA,
the carrier will take a credit against future payments. If the advance is smaller, the carrier is required to
make up the difference. Once the award is issued by the ICA, the carrier is required to pay the amount
on the award, even if it disagrees, until the amount of permanent compensation is finalized through the
hearing process. Once the amount of permanent compensation has been awarded, that amount will be
paid monthly by the carrier.
Annually, on or around the anniversary date of the award, the carrier will send you a form entitled
Annual Report of Income (110). You must report on that form how much you earned as wages during
the past 12 months. The form must be sent back to the carrier, not the ICA. If you fail to return the
form, your permanent compensation payments may be suspended until you file the form. Your
unscheduled permanent compensation benefits can only be stopped by: (1) Death, (2) Failure to file an
Annual Report of Income, or (3) Further award by the Industrial Commission, which may include a
change of earnings resulting in a Rearrangement of Benefits or Compromise and Settlement involving
the Unscheduled Loss of Earning Capacity Award.
Petition for Rearrangement of Loss of Earning Capacity Award
If you have sustained permanent impairment where a Findings and Award for Unscheduled Permanent
Partial Disability has been issued and your earning capacity has increased or decreased, a petition for