Workers' Compensation

Recent Posts

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)
Posted on 21 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira... Read More

A Double Dip of Permanency as Delaware Celebrates the Fourth of July
Posted on 9 Jul 2012 by Cassandra Roberts

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any... Read More

NCCI: States That Switch to AMA Guides Sixth Edition See Big Drop in Impairment Ratings
Posted on 16 Jun 2012 by Robin E. Kobayashi

NCCI has recently analyzed the impact of the AMA Guides Sixth Edition for three states that recently switched from the Fifth Edition to the Sixth Edition, finding a trend where substantial decreases in impairment ratings resulted. In Tennessee, impairment... Read More

Wyoming: Increase in PPI After Additional Surgery Denied Based on AMA Sixth
Posted on 21 Jul 2013 by Larson's Spotlight

Illustrating a point argued by many claimants’ attorneys—that the 6 th Edition of the AMA Guides provides for significantly lower levels of permanent partial impairment than did the 5 th Edition—the Supreme Court of Wyoming recently... Read More

Catching Up on Some Zs in California – Sleep Disorders
Posted on 20 Feb 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Whole person impairment ratings for sleep disorders in Table 13-4, and the instructions for use on page 317 of the AMA Guides Fifth Edition have created conflicting WCAB panel decisions on whether a sleep disorder can exist... Read More

Something for Everyone: The AMA Guides and the Central Nervous System
Posted on 25 Jan 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation... Read More

Impairment Guides Resource Center (updated 9/9/2013)
Posted on 21 Jul 2013 by Impairment Guides Resource Center

Welcome! We've designed this resource center to help you locate Impairment Guides-related materials, here on the LexisNexis Workers' Compensation Law Community, the Internet, and lexis.com. Please be sure to check back often for new updates to... Read More

California: Vocational Rehabilitation Experts
Posted on 17 Apr 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties... Read More

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition
Posted on 8 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions... Read More

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... Read More

Tinnitus and Hearing Loss: Noteworthy AMA Guides Cases
Posted on 12 Jul 2013 by LexisNexis Occupational Injuries & Illnesses S

Each year in the medico-legal treatise Occupational Injuries and Illnesses (LexisNexis), we survey court decisions involving the AMA’s Guides to the Evaluation of Permanent Impairment. Here are some interesting cases involving tinnitus and hearing... Read More

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case
Posted on 23 Jan 2013 by Cassandra Roberts

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB. And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin. As a chronic migraine sufferer (with... Read More

California: Was That Just a Reverse Almaraz/Guzman That Flew By?
Posted on 5 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

As a result of the February 3, 2009, en banc decision in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 201 (Appeals Board en banc), the September 3, 2009 decision after reconsideration... Read More

AMA Guides Tip: Understanding the DRE Gap
Posted on 6 Jul 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. There is significant confusion in the California workers' comp community about whether a spinal injury should fall into a DRE category I, II, or III. Carefully read the instructions in the AMA Guides Fifth Edition, Ch... Read More

FREE DOWNLOAD: Alvarez v. Waterway Plastics (Calif. WCAB panel) (Permanent disability rating; AMA Guides)
Posted on 2 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Rosa Alvarez (Rosa Alvarez-Garay) v. Waterway Plastics Permanent Disability—Rating—AMA Guides —WCAB affirmed WCJ's finding that applicant/machine operator's right wrist injury (carpal tunnel) during period 1/28/2004 through... Read More