While impairment ratings under the federal Longshore and Harbor Workers’ Compensation Act generally need not be comply with the AMA Guides, such is not the case for claims involving hearing loss and retiree benefits [see 33 U.S.C.S §§ 902... Read More
Construing Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), pursuant to which impairment ratings in workers’ compensation claims must be “based on” the revised third edition of AMA Guides, a Colorado appellate court said... Read More
The language in Kan. Stat. Ann. 2019 Supp. § 44-510e(a)(2)(B) requiring use of the 6th Edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment should reasonably be interpreted as a "guideline,"... Read More
On Friday (August 3, 2018), the Court of Appeals of Kansas held the use of the AMA Guides (6th Edition) for determining impairment levels of injured workers under the Kansas Workers’ Compensation Act (“the Act”) was unconstitutional... Read More
In a noteworthy panel decision, the WCAB in Taina v. County of Santa Clara/Valley Medical Center , 2018 Cal. Wrk. Comp. P.D. LEXIS --, affirmed the WCJ and held that the WCJ did not err by determining the level of permanent disability caused by applicant’s... Read More
Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More
Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson , Respondents , 2011 Cal. Wrk. Comp... Read More
I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent... Read More
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
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
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
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
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
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
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