DWC Publishes Final Disability Rating Schedule for Injured Workers
[Posted 06/30/05]

The Division of Workers’ Compensation’s new permanent disability rating schedule for injured workers took effect this month. Unfortunately, the division decided to ignore the recommendations submitted by CMA concerning the proposed regulations, publishing the final rule without any significant changes.

The regulations convert the workers’ comp permanent disability rating schedule from a largely subjective system to one based on objective medical findings. The new regulations require physicians to use the AMA Guides to the Evaluation of Permanent Impairment to determine the level of impairment of the affected body system. DWC then converts the rating to a “whole person” impairment standard, which is used to establish the worker’s diminished future earning capacity.

While largely agreeing with DWC’s interpretation of AMA’s disability guides, CMA urged DWC to reconsider its application of AMA’s protocols for rating pain and psychiatric disabilities. CMA believes that DWC misinterpreted the AMA’s chapter on pain, severely limiting disability ratings for pain when it is a stand-alone condition, rather than a symptom of another condition or organ impairment. CMA also urged DWC to use a more accurate standard for evaluating psychiatric disabilities, such as that used in Social Security determinations.

Finally, CMA pointed out that the regulations require a very specific examination methodology, which will mean more work for the evaluating physician, but there is no provision for increased compensation. “If the AMA guides are adopted, the time spent by physicians on physical examinations will increase 50 to 100 percent,” said CMA Past President Robert Hertzka, M.D., in CMA’s comments. CMA urged DWC to increase reimbursement for physicians performing permanent disability evaluations.

Contact: Elizabeth McNeil, 415/882-3376 or emcneil@cmanet.org.