California, United States of America
The following excerpt is from Duke v. W.C.A.B., 201 Cal.App.3d 8, 248 Cal.Rptr. 213 (Cal. App. 1988):
3 The relevant consideration is how much of the labor market is closed to the worker because of his preclusion from exposure to chemicals. This is the measure of the worker's diminished capacity to compete in the open labor market. (Cal. Workers' Compensation Practice, supra, 16.31, p. 702.) It is recognized that not all disabilities can be expressly covered in the rating schedule, but "judgment" or "non-scheduled" ratings are an accepted part of the permanent disability rating process. ( Glass v. Workers' Comp. Appeals Bd., supra, 105 Cal.App.3d 297, 306, 164 Cal.Rptr. 312.)
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