Jesse N. Rosen on AMA Guides, Spinal Impairment, and First Reported Calif. Workers' Compensation Cases

Ch. 15 of the AMA Guides , 5th Edition, details the methods of assessing Whole Person Impairment (WPI) for spinal injury. It sets forth detailed instructions and methods of determining spinal WPI. Two methods of evaluating spinal WPI are provided: DRE (Diagnosis Related Estimate) and ROM (Range of Motion...

The AMA Guides Measure What?

Justice is elusive, particularly in workers' compensation law where it is measured by the pound. Under the Longshore and Harbor Workers Compensation Act ( 33 U.S.C.S. § 901 et seq.), as in many workers' compensation acts, awards for partial disability are determined not by the impact of...

The Battle of the Guides in Delaware: IAB Rules on the 5th versus the 6th Edition for Permanency and Skirts the Issue

In a case under consideration for several months and for which post-trial briefing was requested in October 2008, the Delaware Industrial Accident Board finally ruled that there will be no blanket pronouncement on the use of the 5th versus the 6th Edition of the AMA Guides for the Evaluation of Permanent...

Got Rating?

Many states follow the AMA Guides to Evaluation of Permanent Impairment to determine what an employer owes an employee injured on the job. Missouri workers' compensation judges, by contrast, often reject the opinions of experts who rely upon them. There is a difference between impairment and disability...

Oregon Workers' Comp Division Provides Details on AMA 6th Edition Project

The Oregon Workers' Compensation Division gave a presentation of the AMA Guides 6th Edition project at the May 15th meeting of the Medical Advisory Committee. A summary of the meeting notes is set forth below: * * * * * The Division stated how, since the publishing of the 6th Edition in December...

ABA TIPS Task Force on the AMA Guides

In July 2008 the American Bar Association Tort Trial & Insurance Practice Section's Task Force on the AMA Guides met for the first time in Chicago. Since then, it has been actively meeting with representatives from various states, the insurance industry, medical organizations, and the editors...

Arizona Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Arizona that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that the Arizona “Workers' Compensation Act divides permanent disabilities into two broad categories...

Arkansas Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fourth Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Arkansas that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that "pursuant to Ark. Code Ann. § 11-9-522(g)(1)(A), the Workers' Compensation Commission is...

Tennessee Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Tennessee that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially sets forth the relevant sections of the Tennessee Code. “Tenn. Code Ann. § 50-6-204(d) provides (in...

Colorado Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Third Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Colorado that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that “Some workers never fully recover from their work-related injuries. In such cases, when a worker...

Kentucky Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fifth Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Kentucky that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that "Kentucky currently utilizes the AMA Guides, Fifth Edition. Various statutory provisions ordinarily...

Louisiana Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Louisiana that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially sets forth the relevant statutory authority: La. R.S. 23:1221(4)(q) provides as follows: No benefits shall be awarded...

AMA Guide Round-Up: IAB Reviews the AMA Guide Application Issue with Surprising Scrutiny

The decisions from the Delaware Industrial Accident Board are trickling in, following a previous blog posting (7/2/09) that discussed the Narbor Santos v. Citisteel case, the one in which the Board declined to adopt either the 6th Edition or the 5th Edition of the AMA Guide as their "gold standard"...

New Version of Sixth Edition to AMA Guides Published

Apparently realizing that its 52-page "Clarifications and Corrections" to the 6th Edition of the Guides to the Evaluation of Permanent Impairment was totally unworkable, the American Medical Association has finally taken the step to republish the 6th Edition. Current owners of the 6th Edition...

Nevada‘s Use of the AMA Guides in Rating Injured Workers’ Permanent Impairment

5 th Edition of the Guides Is Required Most states that utilize the AMA Guides to Evaluation of Permanent Impairment use the most recent edition of the Guides published by the AMA. Nevada, however, specifically requires that physicians and chiropractors on the approved list of rating doctors continue...

Steven D. Feinberg, MD, on Medications and Chronic Pain

The use of analgesics (pain relievers) and other medications is the most common method of chronic pain treatment. Pain medications can be helpful for some patients in chronic pain, but they are not universally effective and may actually create harm. In this Emerging Issues Analysis commentary, Steven...

The Sixth Edition Has Left the Building

In 2008, the Kentucky Legislature instructed the Commissioner of the Department of Workers’ Claims to: Study the feasibility and advisability of adopting the sixth edition of, ‘Guides to the Evaluation of Permanent Impairment,’ published by the American Medical Association, or of...

California: SB 863 Checklist and Reference Guide

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2013 Edition (available...