Is a reduction of 50% in the standard disability standard rating for an elderly woman who was injured in a motor vehicle accident a reasonable reduction?
California, United States of America
The following excerpt is from Gonzales v. Industrial Acc. Comm. of Cal., 316 P.2d 736 (Cal. App. 1957):
The determination of the percentage of permanent disability is left to the sound discretion of the commission to be exercised in view of all the circumstances (Hines v. Industrial Acc. Comm., 215 Cal. 177, 188, 8 P.2d 1021) or, in other words, the determination of the percentage of disability cannot be made arbitrarily or unreasonably. In view of the uncontradicted opinion evidence herein to the effect that the petitioner's handicap was greater than it would have been if industrially caused it does not appear to us that a 50 per cent reduction in the standard rating was reasonable in view of all the circumstances.
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