A farm laborer aged 15 years and 9 months is injured due to serious and willful misconduct. What is his permanent disability rate?

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

Answer: (D)

In this scenario, the correct understanding of the permanent disability rate for a minor laborer who is injured due to serious and willful misconduct is tied to the principle that the rate should be based on the earnings that the minor is likely to achieve upon reaching the age of majority, which is typically 18 years in most jurisdictions.

This approach reflects the idea that minors may not earn their full potential income before turning 18, and thus, calculating the disability rate based on probable future earnings provides a more equitable measure. By estimating what the laborer’s earning potential may be when they are of legal working age, the calculation aims to ensure that the injured party receives adequate compensation reflective of their capabilities, rather than solely based on their current earnings, which may be significantly lower.

Using the minimum or maximum disability ratings doesn’t take into account the unique circumstances relating to a minor's future potential earnings. Similarly, average weekly earnings might not accurately represent the economic realities for someone who is not yet fully into the workforce. Hence, determining earnings at the age of 18 is the most appropriate way to assess the permanent disability rate in this context.