A 17-year-old minor is injured and is minimum for PD. What is the correct PD rate?

A 17-year-old minor is injured and is minimum for PD. What is the correct PD rate?

• A. Probable earnings at age 18
• B. Probable earnings at age 17
• C. Actual earnings at the time of injury
• D. Minimum wage at the time of injury

Answer: (A)

Permanent disability for a minor is assessed using the worker’s probable earnings at the age of majority, not their current wage. For a 17-year-old, that means estimating what they would likely earn at age 18. This approach reflects future earning capacity after becoming an adult, rather than the earnings seen at the moment of injury. It isn’t based on actual earnings at the time of injury, nor on minimum wage at that time, and using earnings at age 17 wouldn’t accurately capture the long-term impact of the impairment. Therefore, the PD rate should be based on probable earnings at age 18.

Permanent disability for a minor is assessed using the worker’s probable earnings at the age of majority, not their current wage. For a 17-year-old, that means estimating what they would likely earn at age 18. This approach reflects future earning capacity after becoming an adult, rather than the earnings seen at the moment of injury. It isn’t based on actual earnings at the time of injury, nor on minimum wage at that time, and using earnings at age 17 wouldn’t accurately capture the long-term impact of the impairment. Therefore, the PD rate should be based on probable earnings at age 18.