An Act To Amend the Laws Governing the Determination of Permanent Impairment under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 125, LD 1065
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PRESCOTT, SHERMAN, BURNS, CUSHING, DOW, HAMPER, HARVELL, WINTLE
Amends: 39-A MRSA §153, 39-A MRSA §312

Legislative Document 
No. 1065 
H.P. 800 
House of Representatives, March 15, 2011 
An Act To Amend the Laws Governing the Determination of 
Permanent Impairment under the Maine Workers' Compensation 
Act of 1992 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BURNS of Whiting, CUSHING of Hampden, DOW of Waldoboro, 
HAMPER of Oxford, HARVELL of Farmington, WINTLE of Garland. 
Be it enacted by the People of the State of Maine as follows: 
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: 
A.  In order to reduce litigation and establish more certainty and uniformity in the 
rating of permanent impairment, the board shall establish by rule a schedule for 
determining the existence and degree of permanent impairment based upon medically 
or scientifically demonstrable findings.  The schedule must be based on generally 
accepted medical standards for determining impairment and may incorporate all or 
part of any one or more generally accepted schedules used for that purpose, such as 
the American Medical Association's "Guides to the Evaluation of Permanent 
Impairment."Pending the adoption of a permanent schedule, "Guides to the 
Evaluation of Permanent Impairment," 3rd 4th edition, copyright 1990 1993, by the 
American Medical Association, is the temporary schedule and must be used for the 
purposes of this subsection except as otherwise provided in this paragraph. 
(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: 
7.  Weight.  The board shall adopt the medical findings of the independent medical 
examiner unless there is clear and convincing evidence to the contrary in the record that 
does not support the medical findings, except that the medical findings of the independent 
medical examiner regarding the extent of permanent impairment must be adopted by the 
board.  Contrary evidence does not include medical evidence not considered by the 
independent medical examiner.  The board shall state in writing the reasons for not 
accepting the medical findings of the independent medical examiner. 
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.