Knott County Nursing Home v. Wallen

OPINION OF THE COURT

Although the Fourth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (Guides) did not assign percentages to mental impairments, an Administrative Law Judge (ALJ) determined that the claimant’s mental condition warranted a permanent partial disability of 25% under KRS 342.730(l)(b). Following affirmances by the Workers’ Compensation Board (Board) and the Court of Appeals, the employer appeals. It maintains that because KRS 342.730(l)(b) requires the use of an AMA impairment rating to calculate the worker’s disability rating, it…