Iowa Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fifth Edition
In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Iowa that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that “Iowa Admin. Code r. 876-2.4 has been amended to read: The Guides to the Evaluation of Permanent Impairment, Fifth Edition, published by the American Medical Association are adopted as a guide for determining permanent partial disabilities under Iowa Code section 85.34(2)a to s. The extent of loss or percentage of permanent impairment may be determined by use of the Fifth Edition of the guides and payment of weekly compensation for permanent partial scheduled injuries made accordingly. Payment so made shall be recognized by the workers' compensation commissioner as a prima facie showing of compliance by the employer or insurance carrier with the foregoing sections of the Iowa workers' compensation Act. Nothing in this rule shall be construed to prevent the presentations of other medical opinions or other material evidence for the purpose of establishing that the degree of permanent disability to which the claimant would be entitled would be more or less than the entitlement indicated in the Fifth Edition of the AMA guides.
“This rule is intended to implement Iowa Code section sections 85.34(2) and 86.8.
“According to the Division of Workers' Compensation, the amendment to Iowa Admin. Code r. 876-2.4 is in response to the publication of the AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition, and a call for clarity on the use of the new Guides by several constituencies. While the amendment has been filed on an emergency basis for immediate publication, the rule has also been filed for the allowance of public comment in the normal rule-making process.”
He examines in detail cases dealing with the following:
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Cases Involving Injury to Hand.
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Cases Involving Injury to Knee.
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Cases Involving Injury to Leg.
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Cases Involving Other Issues.
This article is excerpted from the new AMA Guides volume of Occupational Injuries and Illnesses (Matthew Bender) (to be published October 2009). This volume on the AMA Guides is intended to help attorneys, claims adjusters, and other personnel apply the AMA Guides to individual cases. Because most insurance law and workers’ compensation law is statutorily-derived and cases are adjudicated at the state level, it is important to be familiar with the impairment rating system used in each practitioner’s state. States have different philosophies, public policies, and laws regarding the use and application of the AMA Guides to individual claims administered in that state. To that end, this Volume attempts to capture court cases that have addressed the use of the AMA Guides methodology and impairment rating system, specific to each state.