UPDATE: Also read this post at LexisNexis
With the release of the Sixth Edition of the AMA Guides, the Kentucky Legislature via Senate Bill 199, deemed it prudent to take pause before adopting the sixth edition as “the latest edition” as the phrase is used in KRS 67A.460, 342.0011, 342.315, 342.316, 342.730, and 342.7305. In section 1(2) of Senate Bill 199, the legislature directed the Commissioner of the Kentucky Department of Workers’ Claims to:
Study the feasibility and advisability of adopting the sixth edition of, ‘Guides to the Evaluation of Permanent Impairment,’ published by the American Medical Association, or of retaining the usage of the fifth edition of that publication. In conducting the study, the commissioner shall seek the input of groups representing labor, industry, commerce, and the medical and legal professions.
The study, reduced to an eighteen page report, conducted a review of the evolution of the AMA Guides, with a specific comparison of the philosophies embodied by the 5th and 6th editions. In short, the Commissioner concludes:
It is the recommendation of the Commissioner that the most feasible and advisable conclusion to this study is to remain with the fifth edition until additional considerations are studied. A subsequent study should include the mathematical formula for the computation of income benefits used with the guides and all aspects of the delivery of medical benefits in the workers’ compensation system. This study could be conducted during calendar year 2009 with a report of the study being provided to the Legislature at the beginning of the regular 2010 session. The fifth edition would remain the controlling guide unless during the 2010 session the Legislature directed a more recent edition be used or a more recent edition is adopted by regulations promulgated by the Commissioner.
The narrative portion of the report can be viewed here. A Copy of the complete report with attachments is available at 10¢ per page by contacting:
Brenda W. Majcher (Brenda.Majcher@ky.gov)
Special Assistant to the Commissioner
Department of Workers’ Claims
657 Chamberlin Avenue
Frankfort, KY 40601
(502) 564-5550 Ext. 4439