Skip to content

This website uses cookies to improve your experience. View our privacy policy

Customise Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorised as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyse the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customised advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns.

No cookies to display.

Blog Banner

When Do I Really Need to Know This Stuff?

by Mark S. Fletcher, (September 2, 2005)

There is a great deal of information (and misinformation) about when the AMA Guides and new PDRS are to be applied. Given that the application of the “new” rating system can easily result in a rating that will save the defense thousands, and even tens of thousands, of dollars, knowing when to apply the AMA Guides and new PDRS is essential.

Some preliminary information: First, the AMA Guides and new PDRS go hand-in-hand. Thus, if you are using one, you will be using the other. If your case is under the old system, neither the new PDRS nor the AMA Guides will apply.

Second, the AMA Guides and new PDRS became effective in California on January 1, 2005 (Labor Code §4660).

So exactly which cases will be rated via the AMA Guides and new PDRS?

This new system applies to all dates of injury (DOI). And, if the DOI is on or after (o/a) 1/1/05, the AMA Guides and new PDRS apply without exception!

What about the DOIs that pre-date 1/1/05? Again, the general rule is that the AMA Guides and new PDRS apply to all DOIs. However, there are two exceptions for pre-1/1/05 DOIs:

  1. A “comprehensive medical-legal” or “treating physician” report issued prior to 1/1/05 demonstrating the “existence” of PD.
  2. The employer was “required” to issue a Labor Code §4061 notice prior to 1/1/05.

If one or both of these exceptions apply, the old PDRS will be used.

See more…

Mark S. Fletcher is a Senior Partner and Managing Attorney of Bradford & Barthel, LLP.

Viewing this website does not form an attorney/client relationship between you and Bradford & Barthel, LLP or any of its attorneys. This website is for informational purposes only and does not contain legal advice. Please do not act or refrain from acting based on anything you read on this site. This document is not a substitute for legal advice and may not address every factual scenario. If you have a legal question, we encourage you to contact your favorite Bradford & Barthel, LLP attorney to discuss the legal issues applicable to your unique case. No website is entirely secure, so please be cautious with information provided through the contact form or email. Do not assume confidentiality exists in anything you send through this website or email, until an attorney/client relationship is formed.