In Clark v. Arconic, Inc., the Commissioner determined functional impairment can be determined under the AMA Guides to the Evaluation of Disability, 5th Edition. In this claim, Claimant has suffered PTSD as a result of her work injury. However, Claimant was earning more at the time of hearing than she did at the time of the work injury and thus her award was limited to functional impairment pursuant to Iowa Code section 85.34(2)(x). The Commissioner highlighted Chapter 14 of the AMA Guides addressing mental and behavioral disorders, guiding assessing areas of function such as daily living activities, social functioning, concentration and deterioration in work or work-like settings. The Commissioner determined mental disorders should be treated differently from other body parts and found Claimant in this claim had sustained a 30 percent functional loss based on evidence presented.
When adjusting your claims with mental health injuries, it is important to direct the authorized mental health examiner to assess and record the extent of function for activities of daily living, social functioning, concentration, and adaptation. Then, the examiner should assign a class of impairment, from Class 1 (no impairment) to Class 5 (extreme impairment). The categorization equates to an impairment range that can then be assigned and used as evidence before the Agency.
You can find the appeal decision HERE.
Case Summary by Lindsey E. Mills. If you have any questions regarding your workers’ compensation claim, please contact Smith Mills Law