The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

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.

scholarly journals ON SOME HYPOTHESES OF FILLING A CLAIM AGAINST A DECEASED DEFENDANT

2020 ◽  
Author(s):  
Svetoslav Pandilov ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
General Assembly ◽  
The Supreme Court

Considering the substantive and procedural consequences related to the filing of a claim, its admissibility is of significant importance to the defense of the claimant's interests. Case law of the last few years raised the question of what are the consequences for the claim procedure when the defendant has died by the date of filing of the claim - irregularity of the claim motion filed or inadmissibility of the claim on the grounds of lack of procedural prerequisite. The exist-ence of controversial case law has been overcome by Interpretative Decision №1/2017 from 09.07.2019 on Interpretative Case № 1/2017 of the General Assembly of the Civil and Com-mercial Divisions of the Supreme Court of Cassation, which states that when the defendant who is indicated in the claim motion has died before the filing of the claim motion the claim proce-dure is inadmissible and should be terminated. The above mentioned interpretative decision is analyzed in this report, as well as some hypotheses when the solution provided by the interpreta-tive decision could cause significant issues to the claimant. The report also aims to provide a solution to these practical issues.

Impairment Rating Insights

2008 ◽  
Vol 13 (4) ◽  
pp. 1-5
Author(s):  
Christopher R. Brigham ◽  
W. Frederick Uehlein ◽  
Craig Uejo ◽  
Leslie Dilbeck
Keyword(s):  
Permanent Disability ◽  
Sixth Edition ◽  
Earning Capacity ◽  
Impairment Ratings ◽  
Disability Rating

Abstract This article addresses a number of issues regarding impairment evaluation and the use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). First, impairment is not synonymous with disability, and, as noted in the sixth and previous editions of the AMA Guides, no direct correlation exists between impairment and work restrictions or loss of earning capacity. An impairment rating does not directly equate to a permanent disability rating and does not solely determine compensation. The AMA Guides creates the opportunity for consistency of impairment ratings among physicians, but impairment ratings must be performed according to standards defined in the AMA Guides. Impairment rating values and methods in the AMA Guides can change between editions based on medical reasons. It is too early to determine the effects of changes in the sixth edition of the AMA Guides pending the accumulation of adequate experience using this edition, until impairment ratings associated with specific diagnoses can be compared, and until an adequate sample of cases can be evaluated and compared using the fifth and sixth editions. Use of the sixth edition may result in some lower impairment ratings, but this edition also expands the number of ratable conditions compared to previous versions. Finally, impairment determination is a medical issue, and more reasonable approaches should be developed to translate impairment into financial rewards.

scholarly journals ROLA ORZECZNICTWA SĄDU NAJWYŻSZEGO W ZAKRESIE PROBLEMÓW PRAKTYCZNYCH ZWIĄZANYCH Z URLOPEM NA ŻĄDANIE

2016 ◽  
Vol 16 (3) ◽  
pp. 57
Author(s):  
Mateusz Gajda
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Labour Law ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Legal Character

The Jurisdiction of the Polish Supreme Court in the Scope of Practical Problems Connected with Leave on RequestSummary The article discusses the role of the jurisdiction of the Polish Supreme Court in the scope of practical problems connected with leave on request. Ever since its introduction in the Polish Labour Code, this institution has been generating misgivings and reservations both as regards the case law and the doctrine. The role of the Supreme Court in connection with this regulation is significant due to the legislator’s lack of precision. Verdicts handed down by the Supreme Court on these issues have in general been changing the legal character of the institution by emphasising the organisational function of labour law. The interpretation of these legal provisions proposed by the Supreme Court has clarified some of the rights and duties of parties in matters connected with leave on request. Despite this, there are still situations where the current wording of the provisions may lead to disputes between employee and employer. Therefore, the current provisions of the Labour Code within this scope require amendment.

scholarly journals The role of case law in judicial decision-making: A sociological perspective

Sociologija ◽  
2015 ◽  
Vol 57 (4) ◽  
pp. 593-619
Author(s):  
Tilen Stajnpihler
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Case Law ◽  
The Body ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Supreme Court ◽  
Citation Practices ◽  
The Republic

The article attempts to verify a common conception that has by now become an integral part of legal culture in civil law jurisdictions, namely, the conception that despite its unresolved legal status, case law (i.e. the body of past judicial decisions) is widely used by the courts when they are justifying their interpretative choices. For this purpose, an exploratory empirical study of court citation practices was conducted. The study focused on a sample of the officially reported decisions of the Supreme Court of the Republic of Slovenia and the appellate (Higher) courts on civil matters in 2011 that were publicly accessible on the official internet database of the Slovene courts. The aim of the study, which provides the first systematic outline of the use of case law in the judicial decision making process within the Slovene legal system, was to verify whether case law in fact constitutes an important factor in judicial decision-making. It did so by focusing on the extent and the manner in which Slovene courts refer to case law, as these may be inferred from the reasoning of their decisions.

scholarly journals 12. The Relationship between Parliament, the Executive and the Judiciary

2019 ◽  
pp. 325-357
Author(s):  
Alison L. Young
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
Case Law ◽  
Checks And Balances ◽  
Parliamentary Sovereignty ◽  
The Supreme Court ◽  
The Uk ◽  
The Relationship ◽  
Traditional Understanding

When examining the recent evolution of the Constitution, it is argued that the UK has become more ‘legal’ as opposed to ‘political’. The last twenty years has seen a growth in legislation and case law, particularly that of the Supreme Court, regulating aspects of the UK constitution. This chapter investigates this claim. It argues that, whilst we can point to a growth in both legislation and case law, when we look at the case law more closely we can see that the courts balance an array of factors when determining how far to control executive actions. These factors include an analysis of the relative institutional features and constitutional role of the legislature, the executive and the courts. This evidence, in turn, questions the traditional understanding of the separation of powers as a hidden component of the UK constitution. It is not the case that courts merely balance the rule of law and parliamentary sovereignty in order to determine how far to control executive actions. Rather, the courts determine how to make this balance through the lens of the separation of powers, evaluating institutional and constitutional features. In doing so, they are upholding necessary checks and balances in the UK constitution.

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

2009 ◽  
Vol 14 (2) ◽  
pp. 1-13
Author(s):  
Christopher R. Brigham ◽  
W. Frederick Uehlein
Keyword(s):  
School District ◽  
Permanent Disability ◽  
Misleading Information ◽  
Work Impairment ◽  
The Supreme Court ◽  
Impairment Ratings ◽  
Legal Costs ◽  
Case Closure ◽  
Disability Rating ◽  
Human Costs

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.

The International Legislative Process: Direct Broadcasting and Remote Earth Sensing by Satellite Compared

1973 ◽  
Vol 10 ◽  
pp. 186-211
Author(s):  
Charles M. Dalfen
Keyword(s):  
United Nations ◽  
International Organizations ◽  
Outer Space ◽  
General Assembly ◽  
Legislative Process ◽  
Legal Development ◽  
Satellite Broadcasting ◽  
Legal Questions ◽  
High Degree

In earlier volumes of thisYearbook, international responses to the prospective dangers and opportunities posed by direct satellite broadcasting were examined. It was suggested that the international treatment of the implications of this activity might be seen in the light of:the emergence of an embryonic international legislative process, with the [United Nations] committees on outer space, the seabed, and so on playing the role of parliamentary standing committees and the Assembly that of a parliament — albeit one whose “acts” must be ratified by the governments of members. [It was suggested that] the committees have shown their ability to study and pursue important legal questions and [that] the General Assembly has demonstrated its willingness to pass resolutions encouraging legal development. [It was added that] … the specialized agencies and other international organizations have shown a readiness and a high degree of competence in preparing briefs and studies, in advancing opinions both interested and disinterested, and in providing general expertise to the committees, in the manner of effectively operating government departments.

scholarly journals Trybunalskie i sądowe stosowanie zasady „ignorantia iuris nocet” na gruncie praktyki orzeczniczej w Polsce

2018 ◽  
Vol 7 (1) ◽  
pp. 181-205
Author(s):  
Tomasz Woś
Keyword(s):  
Case Law ◽  
Administrative Law ◽  
Constitutional Court ◽  
Special Role ◽  
Application Of Law ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Decision Making Processes ◽  
Administrative Courts

The article discusses the issue of the Constitutional Court’s and other courts’ application of the principle of ignorantia iuris nocet in the practice of issuing rulings. Based on the analysis of the case law, it presents the Constitutional Court’s standpoint concerning the role of the principle of ignorantia iuris nocet in the Polish system of law and its application in the Constitutional Court’s case law. At the same time, it discusses other courts’ application of this principle, i.e. its influence on the decision-making processes of the application of law by the Supreme Court, courts of appeal and administrative courts. The analysis of the case law show that the principle of ignorantia iuris nocet plays a special role in the Polish system of law. In their decisions, both the Constitutional Court and other courts concerned emphasise that the Polish system of law, like other contemporary systems of law, is based on this principle, and its violence would lead to unpredictable results in the practice of issuing rulings. There are no major differences between the application of the principle of ignorantia iuris nocet by the Constitutional Court and other courts concerned. In cases involving the ignorance of the law, both the Constitutional Court and other courts commonly recognise and apply, within the scope of their competence, the principle of ignorantia iuris nocet. Administrative law takes a particular stance on the application of this principle. In the Supreme Administrative Court’s judicature, a jurisdictional approach has been adopted that recognises that the operation of this principle is reduced in administrative procedure. In turn, the study of the case law of provincial administrative courts shows that these courts still have not adopted a uniform jurisdictional pattern in this respect.

Patents for Chemicals, Pharmaceuticals, and Biotechnology

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Portfolio Management ◽  
Case Law ◽  
Patent Law ◽  
Full Description ◽  
European Patent ◽  
New Developments ◽  
Sixth Edition ◽  
The Us ◽  
States Patent

Patents for Chemicals, Pharmaceuticals and Biotechnology is the established and highly-acclaimed introduction to patent law and practice, guiding the reader through the legal and procedural complexities of the British, European, Japanese, and United States patent systems. It explains in detail the role of patent practitioners, both in private practice and in-house, in maximising the commercial potential of their company's or client's products. The eagerly awaited new sixth edition of this highly respected text has been fully revised and updated to discuss major new developments in patent law, patent aspects of Free Trade Agreements (FTAs), developments in the area of competition law and patents, and all relevant case law of the US, UK, and the European Patent Office (EPO). This is a comprehensive and invaluable guide to this rapidly developing and increasingly globalised area of law, providing a full description of the techniques and industry know-how that underlie successful patent practice and portfolio management.

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