C.F.R. » Title 20 » CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER C—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED › Subpart J—Impairment Benefits Under Part E of EEOICPA

20 C.F.R. § 30.910

Will an impairment that cannot be assigned a numerical percentage using the AMA's Guides be included in the impairment rating?

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(a) An impairment of an organ or body function that cannot be assigned a numerical impairment percentage using the AMA's Guides will not be included in the employee's impairment rating.

(b) A mental impairment that does not originate from a documented physical dysfunction of the nervous system, and cannot be assigned a numerical percentage using the AMA's Guides, will not be included in the impairment rating for the employee. Mental impairments that are due to documented physical dysfunctions of the nervous system can be assigned numerical percentages using the AMA's Guides and will be included in the rating.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Chavez v. U.S. Dep't of Labor (D.N.M. 2020).
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Chavez v. U.S. Dep't of Labor (D.N.M. 2020). · cites it 2× “” 20 C.F.R. § 30.910 (b). In addition to benefits tied to the physical impairment itself, claimants can also receive compensation for lost wages.”
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