Colorado Physician Gives Claimant Zero Impairment Rating Without In-Person Exam

Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado

The mandate provided in Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), that impairment ratings must be “based on” the revised third edition of AMA Guides, does not prevent a...

NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear

Reversing a decision by the state’s Workers’ Compensation Board, a New York appellate court held that, contrary to the Board’s interpretation, in the absence of specific instructions regarding hamstring tears...

Divided NY Appellate Court Finds Claimant's Need of Surgery Insufficient to Show Worsening Condition

In a divided decision, a New York appellate court recently affirmed a Board determination that a claimant, who had earlier been awarded PPD benefits and whose condition apparently worsened so...

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award

Public assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....

PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”)

As was widely anticipated, on Wednesday (October 24, 2018), Pennsylvania Governor Tom Wolf signed House Bill 1840, known by some as “the Protz fix,” reestablishing that the AMA Guides, 6th...

The Whole is Greater than the Sum of its Parts: Not in New York Amputation Case

Award for Loss of Four Fingers and Thumb Exceeds That of Entire Hand In a divided decision, a New York appellate court affirmed an amended decision of the state’s Workers’...