Md. Code Regs. 14.09.09.03 - Evaluation of Permanent Impairment
A. Written Evaluation Required. As evidence
of permanent impairment, a party shall submit:
(1) A written evaluation of permanent
impairment prepared by a physician; or
(2) In claims where the issue concerns
psychiatric impairment, a written evaluation of permanent psychiatric
impairment prepared by a licensed psychologist or psychiatrist.
B. When preparing an evaluation of
permanent impairment, a physician, psychologist or psychiatrist shall:
(1) Generally conform the evaluation with the
format set forth in §2.2 ("Reports") of the American Medical Association's
"Guides to the Evaluation of Permanent Impairment";
(2) Use the numerical ratings for the
impairment set forth in the American Medical Association's "Guides to the
Evaluation of Permanent Impairment", provided that a physician, psychologist or
psychiatrist is not required to use the inclinometer evaluation technique
specified in § 3.3, but instead may use the goniometer technique specified
in the "Addendum to Chapter 3";
(3)
Include the items listed under the heading "Comparison of the results of
analysis with the impairment criteria . . ." in §2.2 ("Reports") of the
American Medical Association's "Guides to the Evaluation of Permanent
Impairment"; and
(4) Include
information on the items required by Labor and Employment Article, §
9-721, Annotated
Code of Maryland:
(a) Loss of function,
endurance, and range of motion; and
(b) Pain, weakness, and atrophy.
C. Numerical Ratings.
(1) A physician, psychologist or psychiatrist
preparing an evaluation of permanent impairment may include numerical ratings
not set forth in the American Medical Association's "Guides to the Evaluation
of Permanent Impairment" for the items listed in §B(4) of this
regulation.
(2) If the physician,
psychologist or psychiatrist uses other numerical ratings the physician shall
include in the evaluation the detailed findings that support those numerical
ratings.
D. When
reviewing an evaluation for permanent impairment, the Commission shall consider
all the items listed in §B of this regulation.
E. The Commission may not approve payment of
a physician's, psychologist's or psychiatrist's fee for an evaluation that does
not comply with this regulation.
F.
This regulation shall apply to all evaluations prepared on or after July 1,
1990.
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