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Impairment Guides Resource Center Contains Links to Insightful Articles on the AMA Guides

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 to permanent impairment ratings. View the...

California Sixth Appellate District Affirms WCAB Decision in Guzman v. Milpitas School District

In a 28 page opinion , the California Sixth Appellate District has affirmed the WCAB decision regarding use of any chapter, table or page in the AMA Guides Fifth Edition to appropriately assess permanent impairment. While this decision will appear to be a victory for Applicants, the Court of Appeals...

Should California Switch to the AMA Guides Sixth Edition?

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 the use of the AMA Guides 6th Edition on our workers’...

California: Ogilvie Reversed – Confusion Reigns

The 1st District Court of Appeal has issued its decision in the combined cases of Ogilvie v W.C.A.B./ City and County of SF v WCAB reversing the W.C.A.B. en banc decision but upholding the concept of a rebuttable schedule. In its decision the Court specifically finds the W.C.A.B. exceeded its authority...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

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 over the place, which makes life in The First State...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

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 over the place, which makes life in The First State...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

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 a little bit of chipping away at the supremacy of...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

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 a little bit of chipping away at the supremacy of...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

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 impairment. Prior to that, there was a Motion...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

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 impairment. Prior to that, there was a Motion...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

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 indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

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 indicate that there may be circumstances when...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

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 level of benefits under Section 2326 . Check out...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

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 level of benefits under Section 2326 . Check out...

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State

By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically. The shift from an agricultural to a manufacturing...

California: You Better Be Ready to Lawyer Up!

Most people involved with California’s workers’ compensation system would say that over the past twenty years, the process has become increasingly litigious. There can be little question that the issues have become increasingly technical. The workers’ compensation practitioner now must...

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

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 no history of trauma), I for one am quite sympathetic...

Impairment Guides Resource Center (updated 9/9/2013)

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 the resource center. TABLE OF CONTENTS Free...