The Oklahoma Supreme Court has set oral arguments on a case filed challenging the exclusive use of the 6th Edition of the AMA Guides on injuries to non-scheduled members (this includes the neck, back, head and shoulders).
The use of the 6th Edition is getting media attention. Those challenging its use are maintaining that the 6th Edition so limits the recovery for injured workers that it violates “the Grand Bargain” which the workers’ compensation systems are based on.
The employee argues if his right to recover in a workers’ compensation system is limited, then the employer should lose the protection of having the workers’ compensation system be the exclusive remedy for work related injuries. If this argument is successful, it could open the door for work injuries to be pursued in civil court which would allow for much larger verdicts from a jury.
Oral arguments are set for February 22, 2018 at 10:00 A.M.
