Which situation qualifies as an exception to non-economic loss limitation due to grave injury?

• A. A worker sustains a grave injury
• B. An ordinary stubbed toe
• C. A minor concussion
• D. A scratch on the arm

Answer: (A)

The rule being tested is that noneconomic damages have a cap, but there’s an exception when the injury is grave. A grave injury means a permanent and serious impairment, such as permanent loss of use of a body part or a permanent disfigurement. When an injury fits that definition, the noneconomic-damages limitation does not apply, allowing compensation beyond the standard cap for pain and suffering.

A worker who sustains a grave injury clearly falls under this exception, since the injury is grave enough to meet the definition of permanent and significant impairment. The other injuries listed—an ordinary stubbed toe, a minor concussion, or a scratch on the arm—do not rise to the level of grave injury and thus remain subject to the cap.