Tag: impairment

Oct 13, 2022

Opinion Mondays: The AMA is on Another Collision Course With Protz

The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....

Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
Jun 20, 2022

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible

In a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible
Feb 7, 2022

Battle Continues in Kansas Over Use of 6th Edition of AMA Guides

In the continuing battle in Kansas over the use of the Sixth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, a divided Court of...

Battle Continues in Kansas Over Use of 6th Edition of AMA Guides Battle Continues in Kansas Over Use of 6th Edition of AMA Guides
Sep 24, 2021

Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg

Stressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...

Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg
Mar 22, 2021

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?

BRB Says Required Use of “Most Recent Version of Guides is Not Unconstitutional Delegation of Legislative Power In a decision that may have slipped beneath the radar of insurers, administrators,...

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?
Mar 8, 2021

Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado

The mandate provided in Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), that impairment ratings must be “based on” the revised third edition of AMA Guides, does not prevent a...

Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado
Jan 12, 2021

Kansas Supreme Court Says Use of 6th Edition of AMA Guides is Constitutional

In a much anticipated decision, the Supreme Court of Kansas reversed an August 2018 decision of the state's Court of Appeals that had struck down as unconstitutional the use of...

Kansas Supreme Court Says Use of 6th Edition of AMA Guides is Constitutional Kansas Supreme Court Says Use of 6th Edition of AMA Guides is Constitutional
Aug 17, 2020

Opinion Mondays: The AMA is on Another Collision Course With Protz

The first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AMA Guides®” (hereinafter “the Guides”), it begs the question:...

Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
Aug 5, 2020

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating

Construing Tenn. Code Ann. § 50-6-204(d)(5), pursuant to which a presumption of correctness is afforded to the impairment rating provided by an independent medical evaluator who has been selected from...

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating
Jul 15, 2020

West Virginia Court Reverses Medical Findings of Board of Review

Acknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...

West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of Review
May 19, 2020

PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive"

In the continuing saga surrounding Pennsylvania’s Protz decision [see Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 639 Pa. 645, 161 A.3d 827 (Pa. 2017)(Protz II)], the state’s...

PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive" PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive"