Tag: impairment

May 13, 2020

Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery

In a decision that is likely to raise some eyebrows, a divided Supreme Court of Virginia, affirming an earlier decision by a lower appellate court, held that an injured employee’s...

Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery
Oct 26, 2018

PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”)

As was widely anticipated, on Wednesday (October 24, 2018), Pennsylvania Governor Tom Wolf signed House Bill 1840, known by some as “the Protz fix,” reestablishing that the AMA Guides, 6th...

PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”) PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”)
Oct 22, 2018

Protz “Fix” Awaits PA Governor’s Signature

Last Thursday (October 18, 2018), the Pennsylvania legislature sent House Bill 1840, a/k/a “the Protz Fix,” to Governor Wolf’s desk for his signature. Passed by an easy 34-15 margin, the...

Protz “Fix” Awaits PA Governor’s Signature Protz “Fix” Awaits PA Governor’s Signature
Oct 3, 2017

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...

PA Legislative Bill Would Require Use of 6th Edition of AMA Guides PA Legislative Bill Would Require Use of 6th Edition of AMA Guides
Sep 7, 2017

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®,...

2017’s Top 10 Workers’ Compensation Cases 2017’s Top 10 Workers’ Compensation Cases
Jun 21, 2017

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...

Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides
Apr 25, 2017

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...

Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong
Mar 9, 2017

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...

S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent
Dec 7, 2016

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...

Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines
Sep 22, 2015

PA Court Strikes Down Use of AMA Guides, 6th Ed.

Last Friday, a deeply divided Commonwealth Court of Pennsylvania struck down as unconstitutional the requirement, codified in § 306(a.2) of the state’s Workers’ Compensation Act [77 Pa. Stat. Ann. §...

PA Court Strikes Down Use of AMA Guides, 6th Ed. PA Court Strikes Down Use of AMA Guides, 6th Ed.
Mar 13, 2014

PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix”

When is the opinion of a board-certified (occupational medicine) physician, with years of experience and special training in the utilization of the AMA Guides, and who has performed numerous Impairment...

PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix” PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix”
Jun 28, 2013

Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition Itself

The Supreme Court of Vermont, in a split decision, recently held that while the AMA Guides (5th Ed.) are determinative with respect to “any determination of the existence and degree...

Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition Itself Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition Itself