A farm laborer age 15 years 9 months is injured and there is serious and willful misconduct by the employee. What is his 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 for the time of injury

Answer: (A)

For determining a minor’s permanent disability (PD) rate, the earnings basis shifts to the minor’s future earning potential once they reach adulthood. Specifically, the PD rate is based on probable earnings at age 18. This reflects what the worker would likely earn when they are legally and practically able to work as an adult, rather than their current wage as a minor.

In this case, the farm laborer is 15 years 9 months old, so the correct basis is the probable earnings at age 18. Using current earnings or minimum wage would not accurately capture the impact of the disability on future earning capacity, and actual earnings at the time of injury aren’t used for the PD calculation in this context. The note about serious and willful misconduct by the employee doesn’t change the method for calculating PD here.

So, the PD rate is determined by probable earnings at age 18.