State regulations update: Conflicts between the Americans with disabilities act and state workers' compensation law and possible legislative response

1993 ◽  
Vol 20 (4) ◽  
pp. 461-464 ◽  
Author(s):  
William C. Martucci ◽  
Daniel B. Boatright
Keyword(s):  
Americans With Disabilities Act ◽  
Workers Compensation ◽  
State Regulations ◽  
Compensation Law

scholarly journals Workers' Compensation Law

AAOHN Journal ◽  
1994 ◽  
Vol 42 (9) ◽  
pp. 420-424 ◽  
Author(s):  
Beatrice Yorker
Keyword(s):  
Workers Compensation ◽  
Compensation Law

Literature Review

1997 ◽  
Vol 2 (1) ◽  
pp. 4-8
Author(s):  
James B. Talmage
Keyword(s):  
Workers Compensation ◽  
Body Parts ◽  
Injured Worker ◽  
Disability Benefits ◽  
Fourth Edition ◽  
Permanent Disability ◽  
Work Related ◽  
Work Related Injury ◽  
Whole Person ◽  
Compensation Law

Abstract Evaluating physicians should understand how their impairment evaluations are used, and to these ends Section 1.5 of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fourth Edition, discusses impairment and workers’ compensation. Permanent disability rewards may be paid according to a schedule that associates impairments of certain body parts, functions, or systems (eg, amputation or loss of sight or hearing) with specific awards. Typically, a schedule in the workers’ compensation law equates disability and a maximum number of weeks of benefits, but what occurs when an injured worker has both scheduled and unscheduled injuries? Under Colorado statute, scheduled injuries involve those to the neck, head, torso, and any injury not specifically enumerated in the statutory schedule. Because schedules usually do not cover all conditions following injuries, nonscheduled awards are available and are based on the extent of impairment, the nature of the injury, and the employee's occupation, experience, training, and age. The Colorado Supreme Court ruled that when a work-related injury results in both a scheduled and a nonscheduled injury, the scheduled injury must be converted to a whole person impairment rating and combined with the nonscheduled injury's whole person impairment when calculating permanent disability benefits. In its decision, the court relied heavily on and cited provisions in the AMA Guides.

Recognition of psychologists in workers' compensation law.

1987 ◽  
Vol 18 (3) ◽  
pp. 260-264
Author(s):  
Karen J. Merrikin ◽  
Thomas D. Overcast ◽  
Bruce D. Sales
Keyword(s):  
Workers Compensation ◽  
Compensation Law

Longshore and Harbor Workers' Compensation Act: Use of AMA Guides

2003 ◽  
Vol 8 (2) ◽  
pp. 1-12
Author(s):  
Christopher R. Brigham
Keyword(s):  
Body Part ◽  
The United States ◽  
The Body ◽  
Workers Compensation ◽  
Lower Extremity Injuries ◽  
Us Congress ◽  
Whole Person ◽  
The Us ◽  
Extremity Injuries ◽  
Compensation Law

Abstract The US Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927 to provide coverage to longshore laborers working on navigable waters of the United States when no state workers’ compensation law applied. After amendments that extended and standardized the Act, the Longshore Compensation Act provides more than $670 million in monetary, medical, and vocational rehabilitation benefits to more than 72,000 individuals annually. Under the LHWCA, ratings are performed for “scheduled injuries” (ie, a scheduled member of the body), including upper extremity injuries (excluding the shoulder), lower extremity injuries, and hearing loss. Impairment ratings typically are expressed in terms of whole person permanent impairment, but under the LHWCA impairment is expressed in the smallest applicable body part (eg, an injury of two digits is expressed as a hand rating). Definitions of terms such as injury, disability, and impairment are similar in the LHWCA and the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). Claims examiners are advised to require any physician selected to evaluate permanent medical impairment to use the AMA Guides, where applicable, to be detailed in their assessment report, and to rate and report permanent impairment according to the AMA Guides. Boxes in the article present portions of the LHWCA that address compensation for disability and the basic elements required to evaluate anatomical impairment.

UNDERSTANDING WORKERS’ COMPENSATION LAW

Hand Clinics ◽  
1993 ◽  
Vol 9 (2) ◽  
pp. 231-239
Author(s):  
Christina R.L. Norris
Keyword(s):  
Workers Compensation ◽  
Compensation Law
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