International Use of the AMA Guides to the Evaluation of Permanent Impairment

2011 ◽  
Vol 16 (3) ◽  
pp. 1-5
Author(s):  
Mohammed Ranavaya ◽  
Christopher R. Brigham
Keyword(s):  
Traffic Accident ◽  
Motor Vehicle ◽  
The United States ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Compensation Systems ◽  
Accident Compensation ◽  
Standard Tool ◽  
Serious Injury ◽  
Almost All

Abstract In the United States, the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) is used in state and federal workers’ compensation systems and in automobile casualty and personal injury arenas. The AMA Guides is used in similar ways internationally. Most workers’ compensation jurisdictions in Canada use the AMA Guides formally by statute or regulation or accept its use informally as a standard tool to rate impairment. In Australia, the AMA Guides is used in both federal (Australian Commonwealth) and individual states’ (or territories’) compensation schemes; two tables show how almost all states in Australia have legislated various editions of the AMA Guides for use in workers’ compensation and motor traffic accident compensation schemes. New Zealand's Accident Compensation Commission (ACC) previously used the AMA Guides, Fourth Edition; beginning in July 2011 ACC uses the sixth edition. Hong Kong uses the AMA Guides as a reference in evaluating workers’ compensation and motor vehicle claims; Malaysia uses the AMA Guides officially in adjudication; and impairment rating in Asian countries such as Taiwan, Korea, and Singapore are influenced by the philosophy and principles of the AMA Guides. South Africa uses the AMA Guides, Sixth Edition, to determine serious injury, and other editions are used in South Africa's workers’ compensation schemes. Many countries in Europe and the Middle East use the AMA Guides as a reference for determining impairment and in workers’ compensation and social welfare schemes.

Use of the AMA Guides in State Workers' Compensation Systems: 2009 Update

2009 ◽  
Vol 14 (2) ◽  
pp. 13-16
Author(s):  
Christopher R. Brigham ◽  
Jenny Walker
Keyword(s):  
New York ◽  
North Carolina ◽  
South Carolina ◽  
South Dakota ◽  
Rhode Island ◽  
Workers Compensation ◽  
Fourth Edition ◽  
Sixth Edition ◽  
Specific Guideline ◽  
Compensation Systems

Abstract The AMAGuides 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.

State-by-State Use of AMA Guides

2019 ◽  
Vol 24 (5) ◽  
pp. 3-7, 16
Keyword(s):  
Expert Testimony ◽  
Narrow Range ◽  
The United States ◽  
Workers Compensation ◽  
Federal Employees ◽  
Permanent Disability ◽  
Sixth Edition ◽  
History Of ◽  
Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

International Use of the AMA Guides® to the Evaluation of Permanent Impairment

2020 ◽  
Vol 25 (2) ◽  
pp. 3-8
Author(s):  
Mohammed I. Ranavaya ◽  
Christopher R. Brigham
Keyword(s):  
United States ◽  
New Zealand ◽  
Middle East ◽  
Southern Africa ◽  
Motor Vehicle ◽  
The United States ◽  
World Health ◽  
Personal Injury ◽  
Workers Compensation ◽  
Fourth Edition

Abstract Since its inception more than six decades ago, the AMA Guides to the Evaluation of Permanent Impairment, (AMA Guides), has become internationally accepted as a global benchmark and is used in the United States, Canada, certain European countries, the Middle East, Australia, New Zealand, and Southern Africa, as well as by the United Nations. When the AMA Guides, Sixth Edition, adopted the terminology and conceptual framework of disablement developed by the World Health Organization, this paradigm shift let to an increase in the worldwide influence and use of the AMA Guides. In the United States, the AMA Guides is used primarily in state and federal workers’ compensation systems and sometimes in automobile casualty and personal injury arenas. Most workers’ compensation jurisdictions across Canada use the AMA Guides formally by statute or regulation, or they accept its use informally as a standard tool to rate impairment. In Australia, the AMA Guides is used in both federal and individual state or territory compensation schemes for personal injuries that arise from work, as well as motor vehicle accidents (a table presents uses of the AMA Guides in Australian jurisdictions). New Zealand uses the AMA Guides, Fourth Edition, and the ACC User Handbook to the AMA “Guides to the Evaluation of Permanent Impairment,” Fourth Edition. The AMA Guides is used in Hong Kong to evaluate all types of damages for personal injury claims and also is referenced in Southern Africa, Europe, and countries in the Middle East.

Traffic Accident Compensation in Belgium: An Example for Europe?

2003 ◽  
Vol 10 (2) ◽  
pp. 199-213
Author(s):  
Caroline van Schoubroeck
Keyword(s):  
European Commission ◽  
Traffic Accident ◽  
Motor Vehicle ◽  
Case Law ◽  
Motor Vehicles ◽  
Bodily Injury ◽  
Accident Compensation ◽  
Compulsory Insurance ◽  
Key Features ◽  
Do So

On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such coverage, not only of pedestrians and cyclists but also of motor vehicle passengers themselves. Belgian law provides a specific compensation for bodily injury and death incurred by every victim of a traffic accident involving a motor vehicle, with the exception of the driver. This is so regardless of whether the driver or the victim is at fault or not. This paper gives a brief overview of the key features of this compensation regime and its subsequent statutory changes and places it within the context of the case law.

Impairment and Disability Compensation Systems in the United States

1999 ◽  
Vol 4 (6) ◽  
pp. 1-13
Author(s):  
Mohammed I. Ranavaya ◽  
James B. Talmage
Keyword(s):  
United States ◽  
The United States ◽  
Fault System ◽  
Workers Compensation ◽  
Department Of Veterans Affairs ◽  
Federal Employees ◽  
Welfare Programs ◽  
Social Welfare Programs ◽  
Compensation Systems ◽  
The Right

Abstract Although several states use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) when they evaluate individuals with impairments and disabilities, various disability systems exist in the United States. Disability and compensation systems have arisen to ensure that disadvantaged members of society with a medically determinable impairment, which may lead to a disability, have recourse to compensation from various sources, including state and federal workers’ compensation laws, veterans’ benefits, social welfare programs, and legal avenues. Each of these has differing definitions of disability, entitlement, benefits, procedures of claims application, adjudication, and the roles and relative weights assigned to medical vs administrative deliberations. Workers’ compensation statutes were enacted because of inadequacies of recovery from claims for injured workers under common law. Workers’ compensation is a no-fault system adopted to resolve the dilemmas of tort claims by providing automatic coverage to employees injured during the course of employment; in exchange for coverage, employees forego the right to sue the employer except for wanton neglect. Other workers’ compensation programs in the United States include the Federal Employees Compensation Act; the Federal Employers Liability Act (railroads); the Jones Act (Merchant Marine Act); the Longshore and Harbor Workers’ Compensation Act; the Department of Veterans Affairs; Social Security; and private, long-term disability insurance.

Impairment Tutorial: Consistency in Measurement

2004 ◽  
Vol 9 (4) ◽  
pp. 6-12
Author(s):  
Christopher R. Brigham
Keyword(s):  
International Association ◽  
District Of Columbia ◽  
Administrative Law ◽  
Workers Compensation ◽  
Industrial Accident ◽  
Us States ◽  
Sixth Edition ◽  
Compensation Systems ◽  
Medical Directors ◽  
Canadian Provinces

Abstract The International Association of Industrial Accident Boards and Commissions (IAIABC) is an organization of medical directors, administrators, and administrative law judges for workers’ compensation systems. It was founded in 1914, and current membership represents 41 US states, the District of Columbia, Puerto Rico, 9 Canadian provinces, and 3 other governments in a forum for education and discussion regarding the various medical, legal, and administrative issues in workers’ compensation systems. In 2001, the IAIABC formed an Occupational Impairment Rating Guide Committee to study the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) and to suggest revisions specific to workers’ compensation. The committee's goal is to create a supplement to the AMA Guides for jurisdictions to consider for adoption to clarify and/or to replace methodology in the AMA Guides to make impairment rating more uniform and consistent. The IAIABC Guides has been developed to address impairment of the musculoskeletal system and impairment due to chronic pain with the goal of minimizing or eliminating the need for multiple independent medical evaluations and “dueling doctor depositions.” There are no plans to write supplemental guides for impairment of other body systems, and AMA and IAIABC are engaged in active dialog during the development of the AMA Guides, Sixth Edition.

Finite Element Simulation of Pelvic Fractures in Side Impact

2012 ◽  
Author(s):  
Young-Ho Kim ◽  
Jong-Eun Kim ◽  
Alan W. Eberhardt
Keyword(s):  
United States ◽  
Motor Vehicle ◽  
The United States ◽  
Pelvic Fractures ◽  
Side Impact ◽  
Motor Vehicle Crashes ◽  
Common Cause ◽  
Skeletal Injury ◽  
Element Simulation ◽  
Serious Injury

Motor vehicle crashes (MVCs) are the most common cause of serious injury (Healthy People, 2010). Moffat et al. (1990) estimated that, in 1985 alone, 15,300 pelvic fractures occurred during MVCs in the United States. Since the early 1990’s, the incidence of pelvic fractures has significantly increased (Inaba et al., 2004), which is alarming since more patients die from pelvic fracture than from any other skeletal injury (Cryer, 1996).

Tools and Resources: Lower Extremity Conditions: Combination vs Duplication

1998 ◽  
Vol 3 (1) ◽  
pp. 4-4
Author(s):  
Randall Lea ◽  
William Shaw
Keyword(s):  
United States ◽  
New Zealand ◽  
New South ◽  
The United States ◽  
Personal Injury ◽  
Workers Compensation ◽  
Fourth Edition ◽  
Federal Level ◽  
South Wales ◽  
Accident Compensation

Abstract This article discusses uses of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in Australia and New Zealand. In addition to its use in the United States, the AMA Guides also is used in Australia, New Zealand, Canada, and some European countries such as Ireland, the Netherlands, and Norway. Use of the AMA Guides varies from country to country, depending on local workers’ compensation or personal injury legislation. In Australia, the AMA Guides is used in various state systems, but the editions used or recommended may differ. Often, cases in which the impairment predates December 1988 (when the current Commonwealth Workers’ Compensation Act became effective) are assessed in terms of the AMA Guides, Fourth Edition. Although many physicians use the Fourth Edition, others refer to the Table of Disabilities (Div 4/S66 of the New South Wales Workers’ Compensation Act) and Victoria prefers the AMA Guides, Second Edition. At the federal level, Australia has adopted the Guide to the Assessment of the Degree of Permanent Impairment (1989 but under revision at the time of writing). In New Zealand, the Accident Compensation Commission officially adopted use of the AMA Guides, Fourth Edition, in 1997.

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

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