A farm labor age 15 years 9 months is injured and there is a serious and willful misconduct of the employee. what is his permanent disability rate?

• A. Minimum
• B. Maximum
• C. Average weekly earnings of $189
• D. Probably earnings at age 18

Answer: (D)

When calculating permanent disability for a minor, the rule uses the worker’s earning potential at the age when they would become an adult worker. For a 15-year-9-month farm laborer, that means basing the permanent disability rate on the earnings that are probable at age 18, not on current wages. This reflects the idea that a younger person has more years of earning capacity ahead, so the loss of earning power is tied to what they would likely earn once they reach adulthood.

The serious and willful misconduct mentioned doesn’t dictate the earnings basis for the PD rate; the calculation stays tied to the future earning potential at age 18. Therefore, the correct approach is to use probable earnings at age 18 rather than minimum, maximum, or a fixed amount like average weekly earnings.