by Christopher R. Brigham, MD
This is the first of a series of articles providing insight
to the new Sixth Edition of the AMA Guides to the
Evaluation of Permanent Impairment. In this issue we
provide information on the use of the Guides. The
Guides serves as the standard for defining impairment
in most workers' compensation, motor vehicle casualty and
personal injury cases. The Sixth Edition, published in
December 2007, introduced new approaches to rating impairment,
using innovative methodology to enhance the relevancy of
impairment ratings, improve internal consistency, promote
greater precision and simplify the rating process. The
approach is based on a modification of the conceptual
framework of the International Classification of Functioning,
Disability, and Health (ICF), although the fundamental
principles underlying the Guides remain unchanged.
Although there has been considerable praise for the new
Edition, there has also been controversy over the needed
change. The approach to assessing impairment is different and
some of the values of impairment associated with specific
diagnoses have changed. To appreciate the significant impact
of the Sixth Edition, it is useful to understand the history
and structure of the Guides.
The AMA Guides to the Evaluation of Permanent
Impairment is the basis for defining impairment in the
vast majority of workers' compensation jurisdictions, and the
use of the most recent Edition will be required immediately by
certain state jurisdictions and for Federal and Longshore and
Harbor Workers Act cases.
The Guides started in 1958 with publication by the
American Medical Association (AMA) of the article, "A Guide to
the Evaluation of Permanent Impairment of the Extremities and
Back." This was followed by additional guides published in the
Journal of the American Medical Association. In 1971 a
compendium of 13 guides became the First Edition. The Second
Edition was published thirteen years later in 1984, with
publication of the Third Edition in 1988. The Third Edition
was the first to use the Swanson methodology which assigned
discreet impairment ratings to specific range of motion (ROM)
deficits of the upper extremities. Although the Third Edition
was replaced two years later by the Third Edition, Revised,
which is still used by the State of Colorado for workers
compensation cases, the use of ROM "pie charts" to assess
impairment from upper extremity ROM deficits was retained.
The Fourth Edition, published in 1993, provided many
refinements, including the Diagnosis- Related Estimates (DRE)
or "injury" model for the evaluation of spinal injuries,
alternative approaches to assessing lower extremity
impairment, and a pain chapter. The DRE model was unique in
allowing for assignment of an impairment rating based solely
on the diagnosis, even if MMI had not yet been reached. The
Fourth Edition is still used for assessing workers
compensation cases in Alabama, Arkansas, Connecticut, Kansas,
Maine, Maryland, Mississippi, South Dakota, Texas, and West
Virginia.
The Fifth Edition, published in 2000, was nearly twice the
size of its predecessor, provided more detailed directives in
all chapters, and modified the approaches used for spinal
impairment evaluation by providing guidance on choice of the
rating method and providing ranges for Diagnosis-Related
Estimates (DRE) categories. Prior to the availability of the
Sixth Edition twenty six states made use of the Fifth Edition,
including Alaska, Arizona, California, Delaware, Georgia,
Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana,
Massachusetts, Montana, Nevada, New Hampshire, New Mexico,
North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island,
Tennessee, Utah, Vermont, Washington and Wyoming.
The Sixth Edition represents this continued evolution in
impairment evaluation. Many states require the use of the
"most recent Edition" of the Guides either by statute
or code; therefore, states that would be expected to implement
the Sixth Edition immediately include Alaska, Hawaii,
Kentucky, Louisiana, Mississippi, Montana, New Hampshire, New
Mexico, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee,
Vermont and Wyoming. Kentucky, Tennessee and Vermont are
delaying introduction of the Sixth Edition until the impact of
the changes are better understood. The most recent edition is
also expected to remain the standard for automobile casualty
and personal injury cases, both domestically and
internationally. Some of the countries abroad that use the
Guides include Australia, Canada, Hong Kong, Korea, New
Zealand, and South Africa.
The Sixth Edition is the new standard for all other cases.
Federal workers' compensation laws cover all federal employees
(including postal workers) and citizens of Washington, DC.
Federal systems include Federal Employees' Compensation Act
(FECA), Energy Employees Occupational Illness Compensation
Program Act, and Longshore and Harbor Workers' Compensation
Act (LHWCA). Under the Federal Employees' Compensation Act
(FECA 5 USC 8107) benefit is given for permanent impairment to
specific body parts including extremities, hearing, vision,
and loss of specific organs. Under the Longshore and Harbor
Workers' Compensation Act ratings are performed for "scheduled
injuries" (e.g., a scheduled member of the body defined by
section 8(c)(1)-(20) of the LHWCA). This includes upper
extremity injuries (with the exception of the shoulder), lower
extremity injuries, and hearing loss.
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Chapter Highlights of the AMA Guides to the
Evaluation of Permanent Impairment, Fifth Edition
Chapter 9: The Hematopoietic System
by
Aimee Lazell, CIR, WCCP
This article continues in a series of articles from last
spring and is intended to point out a few of the highlights
from each chapter of the AMA Guides to the Evaluation of
Permanent Impairment, Fifth Edition (Cocchiarella L,
Andersson G, AMA Guides to the Evaluation of Permanent
Impairment, Fifth Edition, AMA Press, 2001). To see prior
articles in this series click
here.
This article will discuss important points of reference
for Chapter 9, The Hematopoietic System. The Introduction
section of this chapter notes,
- This chapter provides criteria for evaluating permanent
impairment of the hematopoietic system. The hematopoietic
system, including the bone marrow, lymph nodes, and spleen,
produces a heterogeneous population of blood-circulating
cells (eg, red blood cells, white blood cells, and
platelets) and a complex family of proteins critical for
blood clotting and immune defenses...Because the
hematopoietic system supports other cells or organs of the
body, identifiable defects are assigned impairment ratings
only secondarily through altered function of other end organ
This chapter is rarely used in the insurance field.
This chapter would be used for individuals with sickle cell
anemia or other genetic conditions that may affect the blood
cells or production of blood platelets.
Section 9.6 Thrombotic Disorders (5th ed., 206) may be
used to rate individuals with deep vein thrombosis. This would
be in conjunction with any residual impairment according to
the appropriate extremity chapter. Of particular note under
Section 9.6c Criteria for Rating Permanent Impairment due to
Thrombotic Disorders (5th ed., 207) the Guides
state:
- Long-term anticoagulation with warfarin or
low-molecular-weight heparin increases bleeding risk and
constitutes impairment in the 10% range.
In summary,
ongoing use of blood thinning agents such as Coumadin would
result in a 10% whole person impairment which would then be
combined with whole person impairment ratings from other organ
systems using the Combined Values Chart (5th ed., 604).
Watch for the next article in the series, which will
highlight sections of Chapter 10 The Endocrine System.