American Residential Community v. Corley
In American Residential Community v. Corley, 2011 OK CIV APP 110, 264 P.3d 131, the Court examined whether a claimant was entitled to an award of PPD benefits for a soft tissue injury.
The Court stated:
The phrase, "permanent impairment," "means any anatomical abnormality after maximum medical improvement has been achieved, which abnormality or loss the physician considers to be capable of being evaluated at the time the rating is made," and "any examining physician shall only evaluate impairment in accordance with the latest publication of the American Medical Association's 'Guides to the Evaluation of Permanent Impairment' in effect at the time of the injury." Id.
The court further noted that a "permanent anatomical abnormality" is required to "be demonstrated by 'credible' and 'objective medical evidence,' which is 'evidence which meets the criteria of Federal Rule of Evidence 702 and all U.S. Supreme Court case law applicable thereto.'" Id.