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Davis v. B.F. Goodrich2/4/1992
hes must be jealously guarded to prevent centralization of power in any one department. It has long been recognized that the Legislature may not delegate authority primarily legislative in character. Delegation of the legislative power to private entities is forbidden.
Section 3(11) vests in a purely private organization, the American Medical Association, the unbridled authority to set standards for permanent impairment which govern an employee's right to collect compensation for on-the-job injuries. This delegation is made without guides, restrictions or standards. It has resulted in the requiring of often unnecessary but expensive tests which increase the cost of the system, the cost of workers' compensation insurance, the cost of doing business, and the cost of products to the ultimate consumers. The Legislature may not delegate the legislative power to a privately controlled national organization. Section 3(11) is unconstitutional because it vests the American Medical Association with the authority to determine the standards for the evaluation of permanent impairment - a power reserved to the Legislature acting in its law making capacity.
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