W. Va. Code R. § 85-20-65
Current through Register Vol. XLI, No. 24, June 14, 2024
Section 85-20-65 - Adoption of Standards65.1. Except as provided for in section 66 of this Rule, on and after the effective date of this rule all evaluations, examinations, reports, and opinions with regard to the degree of permanent whole body medical impairment which an injured worker has suffered shall be conducted and composed in accordance with the "Guides to the Evaluation of Permanent Impairment," (4th ed. 1993), as published by the American Medical Association. If in any particular claim, the examiner is of the opinion that the Guides or the section 64 substitutes cannot be appropriately applied or that an impairment guide established by a recognized medical specialty group may be more appropriately applied, then the examiner's report must document and explain the basis for that opinion. Deviations from the requirements of the Guides or the section 6 substitutes shall not be the basis for excluding evidence from consideration. Rather, in any such instance such deviations shall be considered in determining the weight that will be given to that evidence. An example of an acceptable recognized medical specialty group's own guides is the "Orthopedic Surgeons Manual in Evaluating Permanent Physical Impairment."65.2. These revised rules are not applicable to any permanent impairment rating examination performed prior to the effective date of these revised rules. Accordingly, the revised rules are not applicable to any reports or opinions based upon those examinations, in whole or in part, which are submitted either before or after the effective date of these revised rules.65.3. These rules are applicable to examinations and opinions provided to the Commission, Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, by an injured worker's treating physician pursuant to W. Va. Code § 23-4-7a(c)(1).W. Va. Code R. § 85-20-65