West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-20 - Medical Management Of Claims, Guidelines For Impairment Evaluations, Evidence, And Ratings, And Ranges Of Permanent Partial Disability Awards › Section 85-20-64 - Ranges of partial disability awards for common injuries and diseases

Current through Register Vol. XLI, No. 28, July 12, 2024
64.1. Pursuant to
				W. Va. Code §
									23-4-3b(b),
				the Commission or Insurance Commissioner, whichever is applicable, hereby
				adopts the following ranges of permanent partial disability for common injuries
				and diseases. Permanent partial disability assessments shall be determined
				based upon the range of motion models contained in the Guides Fourth. Once an
				impairment level has been determined by range of motion assessment, that level
				will be compared with the ranges set forth below. Permanent partial disability
				assessments in excess of the range provided in the appropriate category as
				identified by the rating physician shall be reduced to the within the ranges
				set forth below:
64.2. Lumbar Spine
				Impairment: The range of motion methodology for assessing permanent impairment
				shall be used. However, a single injury or cumulative injuries that lead to a
				permanent impairment to the Lumbar Spine area of one's person shall cause an
				injured worker to be eligible to receive a permanent partial disability award
				within the ranges identified in Table §85-20-C. The rating physician must
				identify the appropriate impairment category and then assign an impairment
				within the appropriate range designated for that category.
64.3. Thoracic Spine Impairment: A single
				injury or cumulative injuries that lead to a permanent impairment to the
				Thoracic Spine area of one's person shall cause an injured worker to be
				eligible to receive a permanent partial disability award within the ranges
				identified in Table §85-20-D. The rating physician must identify the
				appropriate impairment category and then assign an impairment within the
				appropriate range designated for that category.
64.4. Cervical Spine Impairment: A single
				injury or cumulative injuries that lead to a permanent impairment to the
				Thoracic Spine area of one's person shall cause an injured worker to be
				eligible to receive a permanent partial disability award within the ranges
				identified in Table §85-20-E. The rating physician must identify the
				appropriate impairment category and then assign an impairment within the
				appropriate range designated for that category.
64.5. Carpal Tunnel Syndrome Impairment: An
				injured worker who can otherwise show entitlement to a permanent partial
				disability award for carpal tunnel syndrome shall be eligible to receive a
				permanent partial disability award of 0%-6% in each affected hand.
64.6. Mental Impairment: Psychiatric
				disability ranges, along with all other ranges in this Rule, must be strictly
				adhered to and ratings in excess of the ranges shall be considered evidence of
				abuse under W. Va. Code §
									23-4-3c.
64.7. Arm: The statutory impairment for the
				amputation of an injured worker's arm is 60%. Accordingly, a single or all
				cumulative injuries to an individual's arm shall not total more than 60%. As an
				example, if an injured worker receives a 6% award for unilateral carpal tunnel,
				a 30% award for a shoulder injury, and a 10% award for an elbow injury, he
				shall not be entitled to any future award for injuries sustained to his
				shoulder in excess of 14%. The "bundling" of awards for injuries to the arm
				shall not exceed the 60% amputation award.
64.8. Leg: The statutory impairment for the
				amputation of an injured worker's leg is 45%. Accordingly, a single or all
				cumulative injuries to an individual's leg shall not total more than 45%. As an
				example, if an injured worker is awarded a 20% award for a permanently impaired
				hip and then is later awarded a 15% permanent impairment for an injury to his
				knee, then he shall only be entitled to an additional 5% permanent award in
				future injuries to his hip, thigh, knee, shin, ankle, foot, or any other part
				of his leg. The "bundling" of awards for injuries to the leg shall not exceed
				the 45% amputation award.