DAR File No. 28728

Labor Commission, Industrial Accidents

R612-7-3

Method of Rating

NOTICE OF PROPOSED RULE

DAR File No.: 28728
Filed: 05/15/2006, 10:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment adopts and incorporates by reference the 2006 version of the Utah Impairment Guides, prepared by the Commission's Impairment Guide Committee.

Summary of the rule or change:

The 2006 Utah Impairment Guides incorporated by the proposed amendment include minor changes in forms to be used and also clarifies the manner of billing for impairment ratings. The Guides provide general guidance for raters and adds ratings for chronic pain syndromes resulting from amputations, headaches secondary to sever head trauma, and pos-paraplegic pain. The Guides also provide a new methodology for rating impairments that result from burns.

State statutory or constitutional authorization for this rule:

Sections 34A-1-104 and 34A-2-412

Utah's 2006 Impairment Guides, published by the Labor Commission

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the State budget. The proposed amendment imposes no additional costs on the State, either with respect to the Labor Commission's administration of the amendment, or with respect to the State's compliance with the amendment. Most of the proposed changes are technical and/or clerical in nature. While the proposed amendment does add ratings for limited types of pain, such ratings are generally within the framework of existing rating schedules.

local governments:

There will be not cost or savings to local government. Most of the proposed changes are technical and/or clerical in nature. While the proposed amendment does add ratings for limited types of pain, such ratings are generally within the framework of existing rating schedules.

other persons:

There will be no cost or savings to other persons. Most of the proposed changes are technical and/or clerical in nature. While the proposed amendment does add ratings for limited types of pain, such ratings are generally within the framework of existing rating schedules.

Compliance costs for affected persons:

Persons affected by this amendment are already subject to the Commission's existing rule for rating the impairments suffered by injured workers. As such, such affected persons are familiar with the Commission's general rating methodology. The changes proposed by this amendment are generally consistent with the existing methodology and, for the most part, should ease the burden of compliance. Consequently, the Commission anticipates no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

As already noted, the Commission's rating standards have been accepted and followed for several years. The proposed amendment updates those standards to conform with current medical knowledge and experience, but imposes only modest changes. On balance, the amendment will have no fiscal impact on businesses. R. Lee Ellertson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Joyce Sewell at the above address, by phone at 801-530-6988, by FAX at 801-530-6804, or by Internet E-mail at jsewell@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/03/2006

This rule may become effective on:

07/11/2006

Authorized by:

R Lee Ellertson, Commissioner

RULE TEXT

R612. Labor Commission, Industrial Accidents.

R612-7. Impairment Ratings for Industrial Injuries and Diseases.

R612-7-3. Method for Rating.

A. For rating all impairments, which are not expressly listed in Section 34A-2-412, the Commission incorporates by reference "Utah's 200[2]6 Impairment Guides" as published by the Commission for all injuries rated on or after [January 1, 2002]July 11, 2006. For those conditions not found in "Utah's 200[2]6 Impairment Guides," the American Medical Association's "Guides to the Evaluation of Permanent Impairment, Fifth Edition" are to be used.

KEY: workers' compensation, impairment ratings

Date of Enactment or Last Substantive Amendment: [January 15, 2002]2006

Notice of Continuation: May 28, 2003

Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-412

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Joyce Sewell at the above address, by phone at 801-530-6988, by FAX at 801-530-6804, or by Internet E-mail at jsewell@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.