In a decision that may have slipped beneath the radar of insurers, administrators, and attorneys whose work is not directly impacted by the Longshore and Harbor Workers’ Compensation Act [33 U.S.C.S §§ 901, et seq.] (“the Act” or “the Longshore Act”), and yet which, as I argue below...
Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzLast Thursday (October 18, 2018), the Pennsylvania legislature sent House Bill 1840, a/k/a “the Protz Fix,” to Governor Wolf’s desk for his signature. Passed by an easy 34-15 margin, the...
Protz “Fix” Awaits PA Governor’s Signature Protz “Fix” Awaits PA Governor’s SignatureDecision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the...
Kansas Court Strikes Down Use of AMA Guides 6th Ed. Kansas Court Strikes Down Use of AMA Guides 6th Ed.Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides...
Oklahoma High Court OKs Use of “Current Edition” of AMA Guides Oklahoma High Court OKs Use of “Current Edition” of AMA GuidesLast Friday, a deeply divided Commonwealth Court of Pennsylvania struck down as unconstitutional the requirement, codified in § 306(a.2) of the state’s Workers’ Compensation Act [77 Pa. Stat. Ann. §...
PA Court Strikes Down Use of AMA Guides, 6th Ed. PA Court Strikes Down Use of AMA Guides, 6th Ed.