For example:
If someone who was injured at work has a limitation of the cervical spine, the percentage of his disability will be determined according to one of the three definitions specified in Section 37 (5) on the list of medical impairments that relate to the cervical spine.
Limitation of movement in the cervical spine 37 (5).
(a) slightly 10%
(b) moderately 20%
(c) severely 30%
Establishing a degree of disability for two or more medical impairments
When the injured person has several medical impairments, the degree of disability is established according to a weighted calculation of disability percentages (and not by a simple addition of percentages).
For example:
20% for an impairment of the back
10% for an impairment of the leg
The weighted calculation:
20% (20% disability of the back out of a possible 100%)
+
8% (10% disability of the leg disability out of 80% - the percentage remaining after deduction of the 20% back disability out of a possible 100%)
Total: 28%
Increasing the degree of disability for an injured person who is unable to return to work (Regulation 15)
When a permanent degree of disability is established for an injured person, the committee examines whether the disability he sustained from the work injury affects his ability to return to the work he performed before the injury and whether the disability caused a permanent decrease of more than 20% in his income.
In these cases, the committee can increase the degree of permanent disability by up to 50% of the degree of disability that was established.
For example: If a 30% permanent disability was established, the committee can increase the degree of disability up to 45%.
The decision on increasing the degree of disability under Regulation 15 is within the purview of the medical committee. In certain cases, the committee can accept the opinion of an “authorization committee,” which includes a claims officer, a rehabilitation officer and a doctor.
In cases involving a medical disability of 20% or more, a copy of the "authorization committee"s recommendations are sent to the examinee.
Establishing a degree of disability only for medical impairments caused by the work injury
The medical committee deliberates and determines a degree of disability only for medical impairments that are caused by the work injury. Therefore, if the injured person has medical impairments that preceded the accident, which are substantiated by medical documents, the committee will reduce the degree of disability connected with the previous impairments.
For example: If the examinee had a slight impairment of the spine before the work injury and in the work accident he was injured in the spine and now has a severe impairment of the spine, the degree of his disability will be determines as follows:
Severe limitation of spinal movement - 30% disability
Slight limitation of spinal movement (from before the accident) - 10% disability
The committee will deduct the disability that is not connected to the accident and a 20% disability will be established for the examinee.
Degree of temporary disability
If the medical committee decides that the injured person’s condition is not permanent and is liable to change, it will establish a temporary degree of disability for him for a maximum future period of one year. During that time, he will be paid a pension for the temporary degree of disability and at the end of that period, he will be summoned to appear before another medical committee.
Degree of disability for a “needy disabled person”
An injured person for whom a temporary disability of less than 100% was established and, due to his disability is not able to work at any job whatsoever and does not have income from any occupation, may be entitled to a temporary disability of 100%. The degree of disability is established for a period of up to 4 months. For that purpose, the injured person must submit a Claim for a Needy Disabled Person and a decision will be made by the "authorization committee", which includes a claims officer, a rehabilitation officer and a doctor.