Case Law » Workers' Compensation Law
Permanent Impairment
Christopher Taylor v. RGS Electrical, Inc., IAB Hearing No. 1322587 (August 12, 2011)
Claimant filed a Petition to Determine Additional Compensation Due seeking benefits for an 11% permanent impairment to his thoracic spine, as rated by Dr. Stephen Rodgers. Dr. Rodgers rated the impairment using the DRE Method set forth in the Fifth Edition of the AMA Guides. Dr. Rodgers placed Claimant in DRE Category II, based primarily on evidence of herniated discs, without radicular symptoms. Dr. Rodgers placed Claimant at the high end of the DRE Category II range, which resulted in an 8% whole person rating, due to multi-level abnormal findings with respect to Claimant’s thoracic spine. Dr. Rodgers applied the lumbar spine conversion factor to arrive at a regional impairment rating of 11% to the thoracic spine.
On behalf of Employer, Dr. G. Dean MacEwen, rated a 6% permanency to Claimant’s thoracic spine using the Sixth Edition of the AMA Guides. Dr. MacEwen placed Claimant at the upper end of the range for Class I, which is for thoracic spine injuries without neurological involvement. Dr. MacEwen asserted that the 6% rating was already regionalized, so he did not need to apply a conversion factor. The Board found Dr. MacEwen’s rating and use of the Sixth Edition more appropriate in this case, due to the relatively minor injury suffered by Claimant and lack of radicular symptoms. However, the Board held that the 6% rating offered by Dr. MacEwen was a whole person rating that needed to be converted to a regional rating, according to the Clarifications and Corrections to the Sixth Edition of the AMA Guides. Therefore, the Board applied the lumbar spine conversion factor of 0.75, to arrive at the regional thoracic spine rating of 8%.
Matthews v. DaimlerChrysler, IAB Hearing No. 1132577 (August 30, 2004)
A period of one year should pass after an injury or surgery to allow for maximum healing in terms of recovery for permanent impairment.
Short v. Blue Cross/Blue Shield, IAB Hearing No. 1141957 (October 21, 2004)
Permanent impairment benefits were denied where the claimant had previously been awarded a 15% impairment to the left upper extremity, and sought an additional 9% impairment due to a proposed third surgery. The surgery had not yet been performed at the time of the hearing. The Board denied benefits as premature.
Berry v. Racer's Edge Stables, Inc., IAB Hearing No. 1199854 (May 18, 2004)
The Board deems a claim of permanent impairment to the bladder to be premature. Both medical experts concurred that the treatment modalities existed that could benefit Claimant and since she indicated a desire to undergo such treatment, the Board stated that it was premature to know what rating the Board might afford from the results of a surgery that has not yet been performed.
State v. Neff, 842 A2d 1244 (Del. 2004)
The Supreme Court accepted the Employer's argument that a permanent disability could be apportioned to a prior injury even if the Claimant was not symptomatic at the time of the recent injury, if the Claimant had a measurable disability from the prior injury.
