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11 CAR § 25-129. Impairment rating guide
11 CAR § 25-129. Impairment rating guide.
(a) General provisions. Pursuant to Arkansas Code §§ 11-9-519(h) [removed], 11-9-521(h), and 11-9-522(g), the following section is hereby established in order to implement an impairment rating guide to be used in the assessment of anatomical impairment.
(b) Purpose.
(1) The purpose of this section is to establish an impairment rating guide to be used in the assessment of anatomical impairment.
(2) To accomplish this purpose, the Workers’ Compensation Commission hereby adopts Guides to the Evaluation of Permanent Impairment (4th ed. 1993) published by the American Medical Association exclusive of any sections which refer to pain and exclusive of straight leg raising tests or range-of-motion tests when making physical or anatomical impairment ratings to the spine.
(3) This publication is also known as the AMA Guides, available from:
American Medical Association
AMA Plaza
330 N. Wabash Ave., Suite 39300
Chicago, IL 60611-5885
(4) This publication is adopted until such time as the commission shall develop another impairment rating guide.
(c) Definition.
(1) “Objective findings” means those findings which cannot come under the voluntary control of the patient.
(2)(A) When determining physical or anatomical impairment, neither a physician (or any other medical provider) nor an administrative law judge, the Workers’ Compensation Commission, or the courts may consider complaints of pain.
(B) For the purpose of making physical or anatomical impairment ratings to the spine, straight leg raising tests or range-of-motion tests shall not be considered objective findings.
(3) Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty, Arkansas Code § 11-9-102(16).