New Case Affecting PD Ratings
WORKERS COMPENSATION PERMANENT DISABILITY RATING LAW HAS CHANGED
An important consolidated legal decision just came out called the Almaraz/Guzman decsion. In the case the Workers' Compensation Appeals Board (WCAB) commissioners concluded that the AMA Guides portion of the 2005 schedule can be rebutted by "showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employee’s permanent disability." Based on this case, a physician is essentially not tied to the AMA Guidelines for Permanent Disability for determining the amount of disability when the result is unfair.
A DOCTOR CAN RELY ON OWN EXPERTISE AND KNOWLEDGE OF THE PERSON
When an AMA rating of permanent disability is unfair, a doctor can state that in his or her professional opinion based on their examinations, test, records review and the impact of the life of the patient’s activities of daily living and ability to work, a higher percentage would be more accurate, they are free to so state that percentage at their discretion.
HOW DO YOU JUSTIFY YOUR OPINION
In order for such an opinion to be considered substantial by a judge, you should explain the basis for your opinion although there are no set guidelines for doing so. The new case notes the AMA Guidelines do not address how an impairment affects work activities so impairment of earning capacity and impairment of the normal use of a member or competitive handicap in the open labor market are considerations to rebut the Guidelines. Other considerations for assessing disability and rebutting the Guidelines are an individuals skills, education, job history, age, adaptability, environment. Job descriptions can be supplied or you can request a vocational report assessing the impact on earning capacity if you feel one is necessary.
If you or a loved one has been injured at work it is important to protect your legal rights.
Call Us Toll-Free:
1-888-954-7312
Click here to fill out our online consultation form.
Anderson & Johnson, LLP
855 Howe Avenue, Suite 6 | Sacramento, CA 95825
Telephone: 916-922-9902
|
