Impairment: Mental Impairments

S.L.H. v. State Compensation Mutual Insurance Fund [12/28/00] 2000 MT 362 Under section 39-71-711 (1), MCA (1991), once a doctor has determined the existence of a mental impairment based on the current edition of the Guides to Evaluation of Permanent Impairment, the workers' compensation judge is empowered to translate the medical testimony into a specific percentage of impairment when the doctor follows the admonishment of the 4th edition of the Guides that physicians should not assign a specific percentage for mental impairments.

Estate of James Jacques v. Borden, Inc. [3/20/97] 1997 MTWCC 14 The 1989 WCA allows an impairment award based on a psychological condition where the claimant also suffers a concomitant physical restriction.