Workers' Compensation

Recent Posts

Kansas: Court Expands Pardo Decision: Use of AMA Guides 6th Ed. Is Unconstitutional
Posted on 3 Aug 2018 by Thomas A. Robinson

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

California: WCAB Clarifies It Hasn’t Endorsed Use of AMA Guides Sixth Edition
Posted on 10 Nov 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California WCAB, on its own motion, rescinded its prior order in Frazier v. State of California [ 2013 Cal.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

Kansas: Court of Appeals Nixes Use of AMA Guides 6th Edition
Posted on 8 Jun 2018 by Thomas A. Robinson

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

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

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

Pennsylvania: Statute Requiring Use of AMA Guides, 6th Ed., Struck Down
Posted on 25 Sep 2015 by Larson's Spotlight

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

Latest Developments in State Handling of AMA Guidelines
Posted on 21 Jul 2016 by Thomas A. Robinson

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: 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

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

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

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

Should California Switch to the AMA Guides Sixth Edition?
Posted on 12 Jul 2011 by Robert G. Rassp, Esq.

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