An Act To Amend the Laws Governing the Determination of Permanent Impairment under the Maine Workers' Compensation Act of 1992
Sec. 1. 39-A MRSA §153, sub-§8, ¶A, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
(1) A determination of permanent impairment of the spine must be based on a medical opinion formulated using the "diagnosis related estimate" model and may not be based on a medical opinion formulated using the "range of motion" model.
(2) A determination of permanent impairment may not include an assessment of permanent impairment based on behavioral, emotional or psychiatric conditions.
Sec. 2. 39-A MRSA §312, sub-§7, as amended by PL 2005, c. 24, §2, is further amended to read:
SUMMARY
This bill amends the law governing the determination of permanent impairment for workers' compensation purposes as follows:
1. It specifies that the schedule adopted by the Workers' Compensation Board for determining the existence and degree of permanent impairment based upon medically or scientifically demonstrable findings must be based on the American Medical Association's "Guides to the Evaluation of Permanent Impairment," 4th edition;
2. It requires that a determination of permanent impairment of the spine must be based on a medical opinion formulated using the "diagnosis related estimate" model and may not be based on a medical opinion formulated using the “range of motion” model;
3. It specifies that a determination of permanent impairment may not include an assessment of permanent impairment based on behavioral, emotional or psychiatric conditions; and
4. It requires that the medical findings of the independent medical examiner regarding the extent of permanent impairment must be adopted by the board.