W. Va. Code R. §§ 85.16-3

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 85.16-3 - Definitions

As used in this legislative rule, the following terms have the stated meanings unless the context of a specific use clearly indicates another meaning is intended.

3.1. "Commissioner" means the commissioner of the bureau of employment programs pursuant to West Virginia Code, §2lA-2-l, and West Virginia Code, § 23-1-1, and any deputies designated pursuant to West Virginia Code, §2lA-2-12 & -13.

3.2. "Division" means the workers¹ compensation division within the bureau of employment programs as provided for by West Virginia Code, §21A-l-4, and West Virginia Code, § 23-1-1 et seq.

3.3. "Guides" means the "Guides to the Evaluation of Permanent impairment," (4th ed. 1993) , as published by the American Medical Association.

3.4. "Permanent impairment" means an impairment that is related to a compensable injury . ."that has become static or stabilized during a period of time sufficient to., allow optimal tissue repair, and one that is unlikely to. change in spite of further medical or surgical therapy." Guides at page 1/1. An "impairment" is defined as "an alteration of an individual's health status" and is "assessed by medical means and is a medical issue. An impairment is a deviation from normal in a body part or organ system and its functioning. " Id. Reference should also be made to the Glossary beginning at page 315 of the Guides. A claimant's degree of permanent whole body medical impairment is to be determined in keeping with the determination of whole person permanent impairment as set forth in the Guides. For the purposes of these rules, the Guides' use of the term "whole person" impairment is the equivalent of the term "whole body" impairment.

W. Va. Code R. §§ 85.16-3