Montana Code Annotated 1997

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     39-71-711. Impairment evaluation -- ratings. (1) An impairment rating:
     (a) is a purely medical determination and must be determined by an impairment evaluator after a claimant has reached maximum healing;
     (b) must be based on the current edition of the Guides to Evaluation of Permanent Impairment published by the American medical association;
     (c) must be expressed as a percentage of the whole person; and
     (d) must be established by objective medical findings.
     (2) A claimant or insurer, or both, may obtain an impairment rating from an evaluator who is a medical doctor or from an evaluator who is a chiropractor if the injury falls within the scope of chiropractic practice. If the claimant and insurer cannot agree upon the rating, the mediation procedure in part 24 of this chapter must be followed.
     (3) An evaluator must be a physician licensed under Title 37, chapter 3, except if the claimant's treating physician is a chiropractor, the evaluator may be a chiropractor who is certified as an evaluator under chapter 12.
     (4) Disputes over impairment ratings are not subject to 39-71-605.

     History: En. Sec. 24, Ch. 464, L. 1987; amd. Sec. 2, Ch. 161, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 7, Ch. 558, L. 1991; amd. Sec. 15, Ch. 243, L. 1995.

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