Workers' Compensation

Recent Posts

Rating the Gait: A New Take on Permanency in Delaware?
Posted on 26 Oct 2015 by Cassandra Roberts

Today’s selection is from Don Marston of Doroshow Pasquale et al. Here is what Don has to say: Here is what I believe to be the latest entry in the battle of low back perm vs. lower extremity perm. There are a couple of interesting aspects... Read More

Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement
Posted on 15 Aug 2013 by Cassandra Roberts

Another guest blogger today, and with today’s post comes some insight into the Bagley analysis for work comp, courtesy of Sheldon Saints. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement... Read More

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware
Posted on 21 Oct 2011 by Cassandra Roberts

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all... Read More

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State
Posted on 9 Nov 2011 by Cassandra Roberts

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with... 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

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

Getting a Grip on the AMA Guides
Posted on 29 Oct 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth... Read More

Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware
Posted on 26 Jul 2012 by Cassandra Roberts

The summer release of IAB decisions includes two recent rulings that deal with closed head injury and claims for permanent impairment pursuant to 19 Del. Code Section 2326 . Both are claimant-friendly rulings worth sharing. Case #1: Charles Buckman... Read More

AMA Guides Fifth Edition Figure 15-19: Strict or Alternative WPI Rating?
Posted on 22 Aug 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Figure 15-19 on page 427 of the AMA Guides Fifth Edition has been frequently used by physicians to describe lumbar or cervical spine impairments based on the partial loss of function of a sub-region of the spine. This is due... 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

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions
Posted on 11 Feb 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the... 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

Impairment Guides Resource Center Contains Links to Insightful Articles on the AMA Guides
Posted on 19 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

SAN FRANCISCO, CA - The LexisNexis Workers' Compensation Law Community is pleased to announce the Impairment Guides Resource Center (formerly the AMA Guides Resource Center), a website that contains links to blogs, articles, podcasts, and more relating... Read More

TX: Proposed Changes to DWC Form-069
Posted on 20 Jul 2010 by workerscompensation.com

Austin, TX (CompNewsNetwork) - The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) has proposed revisions to the DWC Form-069, Report of Medical Evaluation. Doctors selected by TDI-DWC, an insurance carrier or the treating... 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