California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations › Article 4 - Evaluation Procedures › Section 46 - Method of Evaluation of Neuromusculoskeletal Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For all claims arising before January 1,
				  2005, not subject to section
				  46(b), the method
				  of measuring the neuromusculoskeletal elements of disability shall be as set
				  forth below in the "Guidelines for Evaluation of Neuromusculoskeletal
				  Disability" as adopted by the Industrial Medical Council on October 20, 1994.
				  The full text of this document is available on the web at no charge at
				  www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at
				  1-800-794-6900.
(b) For all claims
				  having dates of injury on or after January 1, 2005, and for those compensable
				  claims arising before January 1, 2005, where there has been either no
				  comprehensive medical-legal report or no report by a treating physician
				  indicating the existence of permanent disability, or when the claims
				  administrator, or if none the employer, is not required to provide the notice
				  required by section
				  4061 to the injured worker, the
				  method of measuring the neuromusculoskeletal elements of impairment shall be as
				  described in the American Medical Association, Guides to the Evaluation of
				  Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall
				  be described by applying the provisions of the Permanent Disability Rating
				  Schedule adopted by the Administrative Director pursuant to section
				  9805 of Title 8 of the California
				  Code of Regulations.
GUIDELINES FOR EVALUATION OF NEUROMUSCULOSKELETAL
					 DISABILITY
I.
INTRODUCTION
A.
BASIC PURPOSE OF
				  THE GUIDELINES
The purpose of these evaluation guidelines is to develop a
					 more uniform method of evaluating musculoskeletal injuries without diminishing
					 the individual expertise of the participating evaluator. This method will allow
					 involved parties (particularly the WCAB) to review evaluator's reports which
					 employ a more standardized format.
B.
GENERAL APPROACH
The evaluator shall personally take the history from the
					 injured worker and perform the examination. The evaluator may have an assistant
					 make an initial outline of the injured worker's history or take excerpts from
					 prior medical records, however the evaluator must review the excerpts and/or
					 outline with the injured worker. Occupational and medical questionnaires may be
					 useful to assist the injured worker in compiling the details of the injury
					 prior to the consultation with the evaluator. Any discrepancies in the various
					 sources of information should be identified and clarified by the
					 evaluator.
The injured worker shall at all times be evaluated in a
					 compassionate and respectful manner.
The evaluator will introduce him/herself, and explain to
					 the injured worker the purpose and scope of the evaluation.
The evaluator must inform the injured worker of any
					 significant medical findings which could impact on his or her health. These
					 findings may not be directly related to the work
					 injury.