Benefits: Impairment Awards: Mental Impairment

S.L.H. v. State Fund [4/23/01] 1999 MTWCC 6A Where the nature and impact of the mental impairment are significant, the upper range for the category of impairment should be used.

S.L.H. v. State Fund [4/23/01] 1999 MTWCC 6A Utilization of an earlier edition of the AMA guides is appropriate where the earlier edition provides a range of percentages for mental impairments.

S.L.H. v. State Fund [4/23/01] 1999 MTWCC 6A On appeal the Supreme Court determined that the Workers' Compensation Court must fix a percentage impairment award for mental impairment even though the applicable AMA guides to impairment do not provide percentages and claimant's treating psychiatrist declined to give one.

S.L.H. v. State Fund [1/14/99] 1999 MTWCC 6 WCC held claimant not entitled to mental impairment award where the psychiatrist testifying refused to assign a percentage for mental impairment in light of the recommendation against making such determinations for mental impairments stated in the 4th Edition of the AMA Guides to Impairment. See S.L.H. v. State Fund, 2000 MT 362, 303 Mont. 364, 15 P.2d 948, reversing on this ground, and S.L.H. v. State Fund, 1999 MTWCC 6A, on remand from Supreme Court.

Estate of James Jacques v. Borden, Inc. [3/20/97] 1997 MTWCC 14 The 1989 WCA allows an impairment award based on a psychological condition where the claimant also suffers a concomitant physical restriction.