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Common questions

“The pain is worse than the number.”

There is a pain add-on in the AMA Guides, and it is capped at 3% whole person. Worse: it cannot be added at all if your underlying rating is zero.

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The short answer

There is a pain add-on, and it is small — capped at 3% whole person impairmentWPI — Whole Person Impairment The percentage from the AMA Guides that a rating is built from. Extremity percent is not whole person percent: 100% upper extremity = 60% whole person, 100% lower extremity = 40%. This is the most common source of confusion in a rating..

And there is a rule that makes it worse: the add-on cannot be included if the underlying rating for the industrial condition is 0%.

Which means the workers with the most disappointing ratings are the ones least able to use it. We would rather tell you that than let you find out at the end.

On this page

What the pain add-on actually is

Chapter 18 of the AMA Guides addresses pain-related impairment. “The maximum allowance for pain resulting from a single injury is 3% WPI regardless of the number of impairments resulting from that injury.”

Three percent. Once. No matter how many body parts.

Where it can be used:

Excess pain with a verifiable condition — pain beyond what would be expected from the documented findings. Persistent radiculopathy after surgery is the classic example.

Well-established pain syndromes without significant organ dysfunction — headache, post-herpetic neuralgia, trigeminal neuralgia, and complex regional pain syndrome. How CRPS is rated.

Associated pain syndromes where the organ-system rating does not capture the added burden.

Where it cannot:

Where the body-system rating already encompasses the pain. Most conventional ratings are built assuming a normal amount of pain for that condition. You do not get paid twice for the expected pain.

Where credibility is not documented.

Where the syndrome is ambiguous or non-verifiable. Fibromyalgia is expressly not ratable under this chapter.

And the hard one: “The add-on for pain cannot be included if the underlying rating for the industrial condition is 0% WPI.”

Pain can supplement a rating. It cannot create one. A worker whose strict rating is zero — a successful rotator cuff repair, a resolved trigger finger, a hearing loss below the 25 dB fence — gets nothing from Chapter 18 either.

Where the real argument lives

Not in Chapter 18. In Almaraz/GuzmanAlmaraz/Guzman The doctrine permitting a physician to depart from the strict AMA rating where it does not accurately reflect the impairment, using another method inside the “four corners” of the Guides..

Where the strict rating does not accurately reflect the impairment, a physician may use a different method inside the Guides — provided they give the strict rating, explain why it fails, identify the alternative, and explain why it is more accurate.

That is where a case with disproportionate pain is actually made, and it has to be built before the evaluation rather than requested after it. What Almaraz/Guzman is and what it requires.

And what to make sure is in the record

Activities of daily living, in detail. Several impairment methods are driven entirely by ADL loss — the skin chapter, the brain chapter, and the spinal cord axes among them. Evaluators write down what they are told.

Medication and its consequences, including side effects and gastrointestinal effects — which are compensable consequences in their own right. More.

Sleep disruption — though note § 4660.1(c)(1) bars increasing the rating for sleep dysfunction for injuries on or after January 1, 2013. The catastrophic-injury and violent-act exception in § 4660.1(c)(2) applies only to psychiatric disorder, not to sleep dysfunction. How that exception works.

And describe your limits accurately including the good days. “On a good day I can do X, and then I’m down the rest of the day” is truthful, it is what the evaluator needs, and it cannot be contradicted by a surveillance video. More.

Specific injuries

Where the body part changes the answer.

Common Questions

General information about California law, not legal advice about your case.

Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/my-pain-is-worse-than-my-rating/ · Last reviewed

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