PPD Deferral and AMA Guide Use for Scheduled Members Stricken

Oklahoma is receiving national recognition for yet another major decision regarding workers’ compensation laws. On April 12, 2016, Oklahoma’s Supreme Court held unconstitutional the permanent partial disability (PPD) deferral provision of the Administrative Workers’ Compensation Act (AWCA) as a violation of due process and as a special law in violation of Oklahoma’s Constitution. In the same opinion, the court also held that scheduled members (arm, leg, hand, foot, fingers, toes, eyes, ears – loss of hearing) are exempt from the American Medical Association Guidelines (AMA Guides). Any PPD rating to those members should not be converted to the body as a whole—a conversion leaving the employee with less monetary recovery. More


Practice Area:

Labor & Employment