Kansas workers compensation Disability should be rated using the AMA 4th Edition

In 2015, Kansas started using the AMA 6th Edition Guides for the evaluation of permanent partial disability in worker compensation cases.
Before that, Kansas was using the AMA Guides, 4th Edition.
The 6th Edition substantially lowered the evaluation an employee would receive for a permanent impairment. By lowering the disability rating, the compensation paid to the employee for his or her disability was lowered.
The Kansas Court of Appeals has ruled that the use of the AMA Guides 6th Edition is unconstitutional.
The facts in the case that led to finding the 6th Edition was unconstitutional were that a Kansas worker injured his shoulder in a 2013 work-related injury and, in March 2015, injured the same shoulder in another work-related accident. Because of language in the AMA Guides, 6th Edition (which applied to injuries after 1/1/2015), examining physicians were forced to issue 0% impairment ratings for the second shoulder injury in spite of the fact that both doctors testified that such an impairment rating was medically inaccurate and insufficient.
If you have a workers compensation in Kansas it should be rated under the AMA 4th Edition Guides for the Evaluation of Permanent Partial Disability.
If you need legal representation after you have been injured on the job, please call Margaret E. Dean, Attorney at Law, 816-753-3100.
Free consultation.
No fee if no recovery.
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Posted in Workers' Compensation.