What Is California Labor Code §4662: Conclusive Presumption of Total Disability?

(a) Any of the following permanent disabilities shall be conclusively presumed to be total in character:
(1) Loss of both eyes or the sight thereof.
(2) Loss of both hands or the use thereof.
(3) An injury resulting in a practically total paralysis.
(4) An injury to the brain resulting in permanent mental incapacity.

(b) In all other cases, permanent total disability shall be determined in accordance with the fact.

What Does Labor Code 4662 Mean?

Labor Code 4662 lets four severe injuries count as total disability right away. No separate rating step is needed.

Most permanent disability claims go through a rating process. A doctor scores the lasting harm. That score sets how much the claim pays. Labor Code 4662 skips that step for four injuries. If proof shows one of them, the law calls the harm total. That means a 100 percent rating, with no scoring fight.

• Losing both eyes, or the sight in both eyes.
• Losing both hands, or the use of both hands.
• An injury that leaves a worker almost fully paralyzed.
• A brain injury severe enough to cause lasting mental harm.

This rule covers any California worker hurt on the job in one of these four ways. The job or the employer does not matter. Part (b) of the statute covers every other case. Those claims are decided on the medical and work facts, not by an automatic rule.

How Does the Labor Code 4662 Presumption Work in a Real Claim?

Once proof shows a listed injury, the insurer cannot argue for a lower disability percentage.

In most claims, the insurer and the worker can disagree. They argue over the percentage of permanent disability. A doctor rates the harm first. Then the two sides can fight over that number for months. Labor Code 4662 removes that fight for four injuries. The dispute shifts to a new question: do the medical facts fit the listed injury? It is no longer about how severe the harm turns out to be.

The word "conclusively" matters here. Once a doctor confirms the injury matches a listed kind, the total disability finding stands. Other evidence cannot outweigh it. The insurer can still argue about the medical facts. It might argue that a paralysis is not severe enough to count as practically total. But once that medical fact is settled, the insurer cannot then argue the worker is only partly disabled.

How Much Does Permanent Total Disability Pay, and for How Long?

Total disability pays at the same weekly rate as temporary disability, for the worker's lifetime.

California pays permanent total disability using the wage rules in Labor Code 4453. These are the same wage rules used for temporary disability. Under Labor Code 4659, this pay continues for the rest of the worker's life. It does not stop after a set number of weeks.

Temporary disability weekly rate	2025	2026
Minimum	$252.03	$264.61
Maximum	$1,680.29	$1,764.11

If the injury happened on or after January 1, 2003, the pay also rises each year. It tracks the state's average weekly wage. A standard permanent disability award works differently. It pays for a fixed number of weeks, then stops. A rating of 70 to 99 percent can still add a smaller life pension. Our guide to Labor Code 4659 life pension eligibility explains that separate track.

What Happens if My Injury Is Not on the Labor Code 4662 List?

Every other claim for total disability is decided on the medical and work facts, not by an automatic rule.

Part (b) of the statute says these cases are decided "in accordance with the fact." In practice, a doctor rates the permanent harm. That doctor uses the current formula in Labor Code 4660.1. That formula applies to injuries on or after January 1, 2013. It also says plainly that it does not block a total disability finding under this statute, when the facts support it.

A separate rule, Labor Code 4663, can also apply to these fact-based ratings. It asks the doctor to address causes. How much of the harm came from the work injury? How much came from other factors? That is a different question from whether an injury matches a kind listed above. Our guide to Labor Code 4663 apportionment explains that rule. Our full guide to permanent total disability walks through both paths to a 100 percent finding.

What Should I Save or Ask About a Labor Code 4662 Claim?

Clear medical records are the most important proof in a claim under this statute.

Ask your treating doctor to describe the injury in full detail. Ask if it fits one of the four kinds in the statute. Keep every report on your sight, your hand use, your paralysis, or your brain injury. Note the date of each exam. Save the insurer's letters about your disability rating, too.

This finding can affect pay for the rest of a worker's life. It is worth asking questions early. Ask the doctor directly if your injury meets the Labor Code 4662 standard. Ask the insurer in writing how your claim is being rated.

A severe injury that may qualify under Labor Code 4662 can affect how long disability payments continue. Yazdchi Law P.C. reviews medical records, doctor reports, and insurer letters. This helps sort out whether a case matches a listed kind, or should be rated on the facts instead. Call (661) 273-1780 or use our contact form for a free initial review. The firm reviews each matter's own facts before deciding whether to take a case.