Tag Archives: AMA Guides

Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?

Jettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions each year in our field of workers’ compensation law, and … Continue reading

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Kansas Court Strikes Down Use of AMA Guides 6th Ed.

Decision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the Court of Appeals of Kansas earlier today struck down as … Continue reading

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Oklahoma High Court OKs Use of “Current Edition” of AMA Guides

Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides to the Evaluation of Permanent Impairment to determine PPD do … Continue reading

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PA Legislative Bill Would Require Use of 6th Edition of AMA Guides

Yesterday (October 2, 2017), a cadre of 29 Pennsylvania legislators introduced a bill—House Bill 1840—that would require physicians to apply the methodology set forth in “the sixth edition” of the American Medical Association Guides to the Evaluation of Permanent Impairment … Continue reading

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2017’s Top 10 Workers’ Compensation Cases

During September of each of the past five years, my colleague, Robin Kobayashi, and I have pulled together a volume entitled, Workers’ Compensation Emerging Issues Analysis. Annually published by LexisNexis®, it is a compendium of expert analysis and commentary highlighting … Continue reading

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Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides

In a highly anticipated decision, Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2017 Pa. LEXIS 1401 (June 20, 2017), a split Supreme Court of Pennsylvania yesterday held that the provision, found in Section 306(a.2) of the state’s Workers’ … Continue reading

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Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides

Where an independent medical evaluator concluded that the active range of motion (ROM) measurements she obtained from an injured worker were implausible, indicative of poor effort, and insufficient to verify that an impairment of a certain magnitude existed, the physician … Continue reading

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Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong

Where the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used an incorrect method in assigning her impairment rating or had … Continue reading

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S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent

Yesterday, in a divided decision, the Supreme Court of South Carolina, overruling an earlier decision of the state’s Court of Appeals, held that evidence of subsequent employment is insufficient by itself to rebut the presumption of permanent and total disability … Continue reading

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Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel recently affirmed a decision by a state trial court awarding an X-ray technician permanent and total disability benefits because of migraine headaches that the trial court had found were exacerbated … Continue reading

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