Cal. Code Regs. tit. 2 § 599.779.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 599.779.1 - Definitions

For the purposes of this article, the following definitions apply:

(a) Industrially Disabled. Disabled from performing any job in state service as a result of a work related illness or injury.

(b) Permanent and Stationary. A disability is considered permanent after the employee has reached maximum improvement or his/her condition has been stable for a reasonable period of time. A physician determines the date that a medical condition becomes permanent and stationary.

(c) Qualified Injured Worker. An employee who (1) has an injury which permanently precludes, or is likely to preclude, him or her from engaging in his or her usual occupation or the position in which he or she was engaged, and (2) can reasonably be expected to return to gainful employment through vocational rehabilitation services.

(d) Same or Similar Salary. The maximum salary of a classification that is at least 85 percent of the maximum salary of the job classification the employee was in at the time of the qualifying injury. It is further defined to include classifications with higher salaries to which the employee may transfer according to State Personnel Board rules.

(e) Same or Similar Location. Any work location to which the employee could be reassigned which would not require the employee to relocate according to the standards defined in a memorandum of understanding, or the Department regulations, whichever is controlling for the purpose of relocation.

(f) Originating Agency. The agency where the employee was working when the injury occurred.

(g) Receiving Agency. An agency, other than the originating agency, that hires an employee covered by the provisions of this article.

Cal. Code Regs. Tit. 2, § 599.779.1

1. New section filed 10-20-94; operative 11-21-94 (Register 94, No. 42).
2. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

Note: Authority cited: Sections 19877 and 21159, Government Code. Reference: Section 19876; and Section 139.5, Labor Code.

1. New section filed 10-20-94; operative 11-21-94 (Register 94, No. 42).
2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).