The Vermont
Supreme Court has ruled by a 3-2 majority that the Commissioner of
Labor may determine a permanent impairment rating for Complex Regional
Pain Syndrome (CRPS) under the AMA guides even though claimant was not diagnosed
with CRPS under the criteria listed in the AMA Guides. The Court's
decision rejected the rulings by the superior court and the Commissioner. Brown
v. W.T. Martin Plumbing & Heating, Inc., 2013 VT 38 (June 21, 2013). The statute
provides: “Any determination of the existence and degree of permanent partial
impairment shall be made only in accordance with the whole person determination
as set out in the fifth edition of the [AMA Guides].” 21 V.S.A. §648(b). The Claimant's expert in this case
diagnosed the injured worker as suffering from CRPS but did not use the AMA
Guides criteria as the basis for the diagnosis. The Vermont Supreme
Court has held that the statute requires that the Guides be used for the
determination of percentage of impairment, not the diagnosis of a condition.
