Which permanent disability is presumed to be total in character?

• A. Loss of the use of both hands
• B. Loss of sight in an eye
• C. Loss of both legs above the knee
• D. Serious brain injury

Answer: (A)

In California workers’ compensation, certain permanent disabilities carry an automatic presumption of total incapacity. Losing the use of both hands is one of those presumption injuries, meaning it is treated as 100% permanent disability without needing further proof about work ability. The rationale is clear: when both hands are unusable, the person generally cannot perform substantial gainful work, so the system presumes total disability.

The other injuries listed aren’t automatically considered total. Losing sight in one eye leaves vision in the other eye, so a person can often continue to work with accommodations or different tasks. Brain injury severity and the practical impact can vary widely, so it isn’t automatically deemed total. And while losing both legs above the knee is extremely disabling, it isn’t the specific presumption recognized by statute in the same way as the loss of both hands.