52-1-26.3. Partial disability determination; education modification.

402 words·~2 min read·/nm/chapter-52-workers-compensation/article-1-workers-compensation/52-1-26-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The range of the education modification is one to eight. The modification shall be based upon the worker's formal education, skills and training at the time of the disability rating.

B. A worker shall be awarded points based on the formal education that the worker has received. A worker who:

(1)has completed no higher than the fifth grade shall be awarded three points;

(2)has completed the sixth grade but has completed no higher than the eleventh grade shall be awarded two points;

(3)has completed the twelfth grade or has obtained a high school equivalency credential but has not completed a college degree shall be awarded one point; and

(4)has completed a college degree or more shall receive zero points.

C. A worker shall be awarded points based upon the worker's skills. Skills shall be measured by reviewing the jobs that the worker has successfully performed during the ten years preceding the date of disability determination. For the purposes of this section, "successfully performed" means having remained on the job the length of time necessary to meet the specific vocational preparation

(SVP)time requirement for that job as established in the dictionary of occupational titles published by the United States department of labor. The appropriate award of points shall be based upon the highest SVP level demonstrated by the worker in the performance of the jobs that the worker has successfully performed in the ten-year period preceding the date of disability determination, as follows:

(1)a worker with an SVP of one to two shall be awarded four points;

(2)a worker with an SVP of three to four shall be awarded three points;

(3)a worker with an SVP of five to six shall be awarded two points; and

(4)a worker with an SVP of seven to nine shall be awarded one point.

D. A worker shall be awarded points based upon the training that the worker has received. A worker who cannot competently perform a specific vocational pursuit shall be awarded one point. A worker who can perform a specific vocational pursuit shall not receive any points.

E. The sum of the points awarded the worker in Subsections B, C and D of this section shall constitute the education modification. History: 1978 Comp., § 52-1-26.3, enacted by Laws 1990 (2nd S.S.), ch. 2, § 14; 2001, ch. 87, § 3; 2015, ch. 122, § 20.