by Samantha J. Bily, Esq.

Impairment ratings in Georgia workers’ compensation claims have long been based upon the fifth edition of Guides to the Evaluation of Permanent Impairment by the American Medical Association (AMA). Despite a recent appellate ruling which found that a section of the Pennsylvania Worker’s Compensation Act concerning use of the AMA guidelines was unconstitutional, the Georgia’s Workers’ Compensation Act should not be subject to attack on the same grounds, due to a key difference between the Pennsylvania Act and the Georgia Act. Specifically, the appellate court found that the Pennsylvania Act, which allows for the use of any edition of the AMA guidelines, improperly designates legislative authority upon the AMA, whose updated guidelines are not reviewed or approved by the legislature.

In contrast, since 2001, Georgia has specified that the fifth edition of the AMA Guides is to be used, pursuant to O.C.G.A. § 34-9-263(d). Since the amendment was enacted, a sixth edition of the AMA Guides has been published, but the legislature has not amended the Act to require use of the updated version. Some critics of the new version suggest that its ratings are more conservative and result in lower benefit payouts. This may serve as incentive for employers to lobby for amendment to the Georgia Workers’ Compensation Act to implement use of the updated version.