Thank you, Sandra! This is a wonderful opinion. For those who missed it, the link to the text of the April 23, 2009 decision of the Supreme Court of Kentucky is http://opinions.kycourts.net/sc/2008-SC-000480-WC.pdf

And while the decision is only binding in one state, that's not the point. It's interpreting what is in effect a uniform statute, adopted by almost every state in the U.S. (such as the UCC - the Uniform Commercial Code) only in this case it's the AMA’s Guides to the Evaluation of Permanent Impairment (the Guides). Same effect: the opinion of any state supreme court interpreting a uniform statute is always "persuasive authority" in any other jurisdiction, unless of course the supreme court in your state has already ruled the other way on the precise question of law. If fact, I see it cited in a Canadian page for "occupationally disabled workers (D/W)" at http://iwocac.ning.com/

So, for anyone fighting for a determination of a CRPS diagnosis in a WC (or D/W) situation, I would urge you to print out and mail a copy of the opinion to your attorney. He or she may already be familiar with Tokico (USA), Inc. v. Krystal Kelly, but you never know.

Mike