Workers' Compensation

Recent Posts

United States: BRB Says LHWCA’s Use of “Most Recent Version” of AMA Guides Is No Improper Delegation of Power
Posted on 11 Apr 2021 by Thomas A. Robinson

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

Colorado: Physicians Have Flexibility in Setting Impairment Ratings, AMA Guides Are “Starting Point”
Posted on 11 Apr 2021 by Thomas A. Robinson

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

Kansas: 6th Edition of AMA Guides to Impairment Passes Constitutional Muster
Posted on 19 Jan 2021 by Thomas A. Robinson

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

Vermont: Agreement to Arrange for Impairment Rating Medical Visit Does Not Toll Statute of Limitations
Posted on 13 Mar 2015 by Larson's Spotlight

The State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err... Read More

Texas: AMA Guides Must be Utilized in Determining Impairment Rating
Posted on 2 Feb 2017 by Thomas A. Robinson

Where an injured worker’s medical expert opined that utilizing Advisories 2003–10 and 2003–10b—and not the AMA Guides—the worker, who underwent four surgeries, including a spinal fusion and a laminectomy, had a 20 percent... Read More

Vermont Workers' Compensation Update: January to March 2014
Posted on 8 Apr 2014 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR... Read More

Pennsylvania: Court Finds Entire Impairment Rating Evaluation Process Unconstitutional, based upon Protz
Posted on 25 Aug 2017 by Thomas A. Robinson

The Commonwealth Court of Pennsylvania held that one legal effect of the recent decision of the state’s Supreme Court, in Protz v. Workers' Comp. Appeal Bd. (Derry Area Sch. Dist.) , 161 A.3d 827 (Pa. 2017), was essentially to undermine the... Read More

Kentucky: Hearing Impairment Limitation Ruled Unconstitutional
Posted on 30 Mar 2018 by Thomas A. Robinson

A Kentucky statute, Ky. Rev. Stat. Ann. § 342.7305(2), which provides workers’ compensation benefits for occupational hearing loss only where a claimant’s binaural hearing impairment, converted to impairment of the whole person, results... Read More

Kentucky: ALJ Appropriately Disregarded Impairment Opinion That Was Not Based Upon AMA Guidelines
Posted on 2 Sep 2016 by Thomas A. Robinson

It was appropriate for the ALJ to disregard the portion of the injured worker’s medical expert witness testimony that related to visual impairment where the expert, in assessing the overall permanent impairment of the injured worker, based his that... Read More

Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds
Posted on 14 Mar 2014 by Larson's Spotlight

A Pennsylvania appellate court affirmed the denial of an employer’s petition to modify an injured employee’s benefits on the ground that the physician who performed the Impairment Rating Evaluation (IRE) on which the Modification Petition... Read More

Pennsylvania: Psychologist’s Testimony Not Competent to Rebut IRE Evidence Submitted by Employer
Posted on 7 Nov 2014 by Larson's Spotlight

A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i... Read More

Texas: SORM v Rodriguez 08-10-00278
Posted on 11 Oct 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case addresses when a DWC-69 is required after a change in an impairment rating (IR) due to a mathematical error. State Office of Risk Mgmt. v. Rodriguez , 2011 Tex. App. LEXIS 6839 (Tex.... Read More

Kentucky Workers’ Compensation Board Opinions for August 2012
Posted on 5 Oct 2012 by Roland Legal PLLC

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More

Texas Appeals Panel Decision No. 100111 – Impairment Rating
Posted on 7 Sep 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford In Appeals Panel decision No. 100111, t he Designated Doctor certified maximum medical improvement using range of motion. The Designated Doctor applied the wrong upper extremity impairment due to external... Read More