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
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
Pennsylvania’s “ Protz Fix,” which amended the state’s Workers’ Compensation Act so as to require a physician’s use of the Sixth Edition of the AMA Guides to determine the respective level of impairment for an injured... 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
The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (lexis.com), 2013 Cal. Wrk. Comp. P.D. LEXIS 365 (Lexis Advance)] affirming the WCJ’s findings and award, and... Read More
Where a Kansas worker injured his shoulder in a 2013 work-related injury and, in March 2015, injured the same shoulder in another work-related accident and where, because of language in the AMA Guides, 6th Edition (which applied to injuries after 1/1... Read More
Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR... Read More
In a sharply divided decision, a Pennsylvania appellate court held that the statutory provision in § 306(a.2) of the state’s Workers’ Compensation Act that requires physicians to utilize “the most recent” edition of the AMA’s... Read More
Currently, 32 states require physicians to use some edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (“Guides”) in making their assessments of permanent impairment for injured workers. Of... 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
By Robert G. Rassp, Esq. This is a no holds barred editorial commentary. It is not intended to be neutral but it is intended to be factual. We wrote this article to draw the line in the sand in California in the event there is any effort to impose... Read More