On June 1, 2018, the Kansas Court of Appeals ruled in the Pardo v. UPS case regarding the constitutionality of the statute allowing for the use of the American Medical Association (AMA) Guides, Sixth Edition when determining permanent impairment of function on scheduled injuries with prior impairment. The AMA Guides, 6th Edition was implemented for use in determining permanent impairment of function under Kansas statute K.S.A 2014 Supp. 44-510(b)(23) for injuries occurring on or after January 1, 2015.  In the case of Pardo v. UPS, Mr. Pardo had previously received a permanent impairment of function to an area of his shoulder and was therefore denied any additional impairment or compensation for the new injury he suffered to the same shoulder.  This was because the AMA Guides, 6th Edition provides for no additional impairment to a scheduled member if a prior impairment exists.

K.S.A 2014 Supp. 44-510(b)(23) reads: “Loss of or loss of use of a scheduled member shall be based upon permanent impairment of function to the scheduled member as determined using the fourth edition of the American Medical Association Guides to the evaluation of permanent impairment, if the impairment is contained therein, until January 1, 2015, but for injuries occurring on and after January 1, 2015, shall be determined by using the sixth edition of the American Medical Association Guides to the evaluation of permanent impairment, if the impairment is contained therein.”.  The court found that the part of the statute pertaining to the use of the AMA Guides, 6th Edition for determining impairment for injuries after January 1, 2015 to be unconstitutional as it relates to this case since the claimant was prohibited from recovering an award for his permanent partial disability from a new and distinct work-related injury.  Mr. Pardo was allowed instead to utilize the AMA Guides, 4th Edition to determine his permanent impairment of function.  The decision does not affect the constitutionality of the statute in any other way nor the AMA Guides 6th Edition being utilized in other circumstances, even if it provides a rating less than that in which the AMA Guides, 4th Edition would provide.

This decision may still be appealed.  Our office will continue to monitor the case and post updates that could modify the workers compensation system.