8 AAC 45.122. Rating of permanent impairment

(a) The board will give public notice of the edition of the American Medical Association Guides to the Evaluation of Permanent Impairment and effective date for using the edition by publishing a notice in a newspaper of general circulation in Anchorage, Fairbanks, and Juneau as well as issue a bulletin for the "Workers' Compensation Manual", published by the department.

(b) It is presumed that the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA) address the injury. If the board finds the presumption is overcome by clear and convincing evidence and if the permanent impairment cannot, in the board's opinion, be determined under the AMA guides, then the impairment rating must be based on The State of Minnesota, Department of Labor and Industry, Permanent Partial Disability Schedule, effective July 1, 1993, or the American Academy of Orthopedic Surgeons Manual For Evaluating Permanent Physical Impairments (AAOS), first edition (1965). If a rating under the Permanent Partial Disability Schedule or the AAOS is not of the whole person, the rating must be converted to a whole person rating under the AMA guides.

(c) A rating of zero impairment under AMA guides is a permanent impairment determination and no determination may be made under the Permanent Partial Disability Schedule described in (b) of this section or the AAOS.

History: Eff. 12/14/86, Register 100; am 3/16/90, Register 113; am 4/21/96, Register 138; am 7/20/97, Register 143; am 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.095

AS 23.30.190

Editor's note: Copies of the publications mentioned in 8 AAC 45.122 are available for reference at the offices of the division of workers' compensation.

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