AMA Guides® Newsletter - Issue Archive

Articles

1. Impairment Rating in California: Analysis of the Almaraz and Guzman Decision and Impact on the Use of the AMA Guides, Fifth Edition

   Christopher R. Brigham, W. Frederick Uehlein

   Pages 1–13

   DOI: 10.1001/amaguidesnewsletters.2009.MarApr01

   Abstract

   The Sate of California Workers’ Compensation Appeals Board (WCAB) in a February 3, 2009, decision in the consolidated cases of Almaraz vs SCIF et al. and Guzman vs Milpitas Unified School District (Almaraz/Guzman) concluded that the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, portion of the 2005 Permanent Disability Rating Schedule is rebuttable. The effects of this decision are significant for California and could catalyze challenges regarding use of the AMA Guides in other jurisdictions. Unavoidable consequences of this decision include increased confusion in the assessment of permanent impairment and disability, far more litigation, increased medical and legal costs, and delayed case closure. The consequence of the WCAB's interpretation is significant financial and human costs, including inaccurate expectations by employees regarding the amount of benefits they may reasonably expect, delays in obtaining these benefits, and perceptions of being significantly permanently disabled. Further, the WCAB decision confuses the concepts of “work impairment” and “disability” and presents misleading information about the AMA Guides and its role in assessing impairment. The WCAB decision will be appealed to the Supreme Court, and it likely will be overturned. In the interim, stakeholders must continue to ensure that impairment ratings and resulting disability ratings are accurate. The article reports on and comments in depth regarding the WCAB Decision and highlights errors in the decision.
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2. Use of the AMA Guides in State Workers' Compensation Systems: 2009 Update

   Christopher R. Brigham, Jenny Walker

   Pages 13–16

   DOI: 10.1001/amaguidesnewsletters.2009.MarApr02

   Abstract

   The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) is the most widely used basis for determining impairment and is used in state workers’ compensation systems, federal systems, automobile casualty, and personal injury, as well as by the majority of state workers’ compensation jurisdictions. Two tables summarize the edition of the AMA Guides used and provide information by state. The fifth edition (2000) is the most commonly used edition: California, Delaware, Georgia, Hawaii, Kentucky, New Hampshire, Idaho, Indiana, Iowa, Kentucky, Massachusetts, Nevada, North Dakota, Ohio, Vermont, and Washington. Eleven states use the sixth edition (2007): Alaska, Arizona, Louisiana, Mississippi, Montana, New Mexico, Oklahoma, Pennsylvania, Rhode Island, Tennessee, and Wyoming. Eight states still commonly make use of the fourth edition (1993): Alabama, Arkansas, Kansas, Maine, Maryland, South Dakota, Texas, and West Virginia. Two states use the Third Edition, Revised (1990): Colorado and Oregon. Connecticut does not stipulate which edition of the AMA Guides to use. Six states use their own state specific guidelines (Florida, Illinois, Minnesota, New York, North Carolina, and Wisconsin), and six states do not specify a specific guideline (Michigan, Missouri, Nebraska, New Jersey, South Carolina, and Virginia). Statutes may or may not specify which edition of the AMA Guides to use. Some states use their own guidelines for specific problems and use the Guides for other issues.
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