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May 17, 2006

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ERRONEOUS RATINGS STUDY: PART VI

AMA Guides: The Next Step: Advanced Skills & Practical Application

The Guides Newsletter – Important Clinical Concepts from Past Issues by Craig M. Uejo MD, MPH

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ERRONEOUS RATINGS STUDY: PART VI
Data Study

In the previous issues we examined some of the common reasons for erroneous ratings, in this issue we will look at errors in the rating process itself.

The Guides criteria must be applied appropriately. Section 2.5b Combining Impairment Ratings explains “Begin with an estimate of the individual’s most significant (primary) impairment and evaluate other impairments in relation to it. Related but separate conditions are rated separately and impairment ratings are combined unless criteria for the second impairments are included in the primary impairment.” It is important to assure that the impairment is adequately rated without duplicative rating, i.e. “double dipping”.

Spinal impairment ratings are often erroneous. Common errors include basing the data on unreliable data, using the wrong method, misapplying a method, and rating for non-existent corticospinal tract damage. Chapter 15, The Spine, explains there are two methods, the Diagnosis-Related Estimates (DRE) Method and the Range-of-Motion (ROM) Method, and three spinal regions, cervical, thoracic, and lumbar. The Fifth Edition states in Section 15.2, Determining the Appropriate Method for Assessment on page 379 “The DRE method is the principal methodology used to evaluate an individual who has had a distinct injury”. Typically, the ROM Method will result in a higher rating than the DRE Method, with the notable exception of spinal fusions. (With spinal fusions, a single-level fusion is rated using the DRE Method and typically this results in a higher rating than with a multiple-level fusion that is rated using the ROM Method.) A common inappropriate excuse for this is multiple level degenerative disease, a finding associated with aging and genetics. Section 15.2 Determining the Appropriate Method for Assessment (379-381) stipulates specific situations when the ROM method is used. It is used if there is radiculopathy at multiple levels, however not merely on the basis of degenerative changes. The Guides explains on page 383:

The DRE method recommends that physicians document physiologic and structural impairments relating to injuries or diseases other than common developmental findings, such as (1) spondylolysis, found normally in 7% of adults; (2) spondylolisthesis, found in 3% of adults; (3) herniated disk without radiculopathy, found in approximately 30% of individuals by age 40 years; and (4) aging changes, present in 40% of adults after age 35 years and in almost all individuals after age 50. As previously noted, the presence of these abnormalities on imaging studies does not necessarily mean the individual has an impairment due to an injury.

Therefore, first determine if the appropriate method was applied. Once the appropriate method is selected, it is important to determine the correct rating based on reliable examination findings. The Guides provide detailed standards for the physical examination in Section 15.1 Principles of Assessment (374-378) and for assessing motion in Section 15.8 Range-of-Motion Method (398-403); this is also excellent content for cross-examination. If the Diagnosis-Related Estimates (DRE) Method is used, the physician must select one of five categories based on specific, reliable findings and within each category choose an appropriate numeric rating within a 3% range. A common error is to assign a patient to the wrong category. With the Range-of-Motion Method, a rating is based on the combination of diagnostic criteria as well as examination findings. An unreliable examination will result in an erroneous rating, and nearly always this erroneous rating will be higher than is appropriate.

In the next issue of the ezine we will examine some of the common errors in the rating process itself, i.e. the use of Guides criteria. If you do not yet subscribe to the ezine, visit www.impairment.com to subscribe – it is valuable and provided as a public service.




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  • The Guides Newsletter – Important Clinical Concepts from Past Issues by Craig M. Uejo MD, MPH
  • Guides Newsletter

    The AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (Cocchiarella L, Andersson G, AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, AMA Press, 2001) is the most commonly used reference source for rating permanent impairment. Most evaluations in the areas of worker’s compensation, personal injury, or private disability utilize the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition. It is an essential reference for rating permanent impairment. Since its inception, however, numerous questions have been commonplace throughout the past and present editions of the Guides. Common questions from providers, insurers, attorneys and patients are related to clinical definitions used within the Guides, the application of specific methodologies used for rating an injury, missing diagnostic terms or categories, and rationale for rating specific diseases/injuries within a specific numerical range.

    The Guides Newsletter published by the AMA Press is a bimonthly publication complement essential to anyone using the AMA Guides to the Evaluation of Permanent Impairment for rating impairment. The Guides Newsletter keeps you constantly updated on the newest developments in impairment issues and provides access to nationally recognized experts who offer the practical, real-life facts you need to make difficult decisions with confidence.

    This series of articles will be used to help summarize some of the key points of clarification documented in past issues of The Guides Newsletter. References to specific issues will be provided to allow anyone the opportunity to review the entire issue/article for assistance in understanding and accuracy of reporting.

    Although the most widely used edition is the Fifth Edition, a few states continue to utilize past editions of the Guides due to legislative reasons. Many states use a statutory schedule for amputations, hearing loss, visual loss, hernias, and disfigurement. Some states may use a statutory schedule and use of any specific guidelines.(1) This summary series of articles will focus on the most recent Fifth Edition.

    "Asymmetry of Spinal Motion"

    This first article will focus on the examination descriptor "Asymmetry of Spinal Motion" as referenced from a previous Guides Newsletter article titled, “Objectifying the Spinal Impairment Examination: Fifth Edition Approaches by Robert Haralson, III, MD, and Christopher R. Brigham, MD.(2) Within this article by Drs. Haralson and Brigham, the article discusses the Diagnosis Based Estimate (DBE) Methodology utilized within the Guides Fifth Edition and the clinical objective descriptors used for classifying a particular patient within a DBE category.

    With this article, the authors noted: "A careful and thorough physical examination is a critical component of the spinal impairment evaluation. As in the Fourth Edition. there are two examination methods - The Diagnosis Related Estimates (DRE) method and the Range of Motion (ROM) method. Evaluators prefer the DRE method, which they use in the vast majority of the cases involving an injury. The Fifth Edition states in Section 15.2, "The DRE method is the principal methodology used to evaluate an individual who has had a distinct injury." (5th ed, 372). In the Fifth Edition there are differences in how the methods are selected and how the DRE methods are defined. The elements of physical examination are described in Section 15.1a Interpretation of Symptoms and Signs (5th ed, 374-378)"

    The objective examination descriptors were described as:

    "Objective findings are those that the evaluator can see or feel without input from the examinee (eg. the loss of a reflex). Conversely, subjective findings are those that require a response from the examinee (eg. pain). Unfortunately, some of the objective findings described in the Guides require the evaluator to objectify the spinal examination in order to place an individual in the appropriate DRE Category."

    It was pointed out that the primary difference in rating between the AMA Guides Fourth Edition versus the Fifth Edition, is that the Fifth Edition asks the evaluators to take into account treatment results. Therefore, a patient’s condition will need to be evaluated at the time they are at Maximal Medical Improvement (MMI). Objective examination findings at the time of the evaluation will be thereby used to categorize the patient into the specific DRE Category.

    In the Fourth Edition, the rating was based solely on the results of the injury. A major change in the Fifth Edition is that evaluators now take into account the treatment results. As a result, the DRE rating is based on objective findings at the time of the evaluation. The objective findings are: muscle spasm muscle guarding: asymmetric spinal motion (previously call dysmetria): nonverifiable radicular pain: reflexes: neurological changes such as weakness of loss of sensation, atrophy, radiculopathy and electrodiagnostic changes: alteration of motion segment integrity: cauda equina like syndrome: and urodynamic tests. Certain historical findings proven by imaging studies (eg. radiculopathy) may also help the evaluator categorize a patient. Box 15-1, Definition of Clinical Findings Used to Place an Individual in a DRE Category (5th ed. 382), specifies the clinical findings used in a DRE Model Classification. In this article, we examine the definitions provided for each of these findings.

    The categories of objective findings within the Fifth Edition are:

    1. Muscle Spasm
    2. Muscle Guarding
    3. Asymmetry of Spinal Motion
    4. Nonverifiable Radicular Root Pain
    5. Reflexes
    6. Weakness and Loss of Sensation
    7. Atrophy
    8. Radiculopathy
    9. Electrodiagnostic Verification of Radiculopathy
    10. Motion Segment Integrity
    11. Cauda Equina and Urodynamic Tests.
    Of these clinical descriptors, one of the most common findings improperly used at time of MMI is Asymmetry of Spinal Motion. Frequently, evaluators note “asymmetry of motion” to the spine when a patient has limited movement in any spinal motion plane not symmetric with the opposite motion plane. A common example is when an evaluator documents different degrees of motion in the right versus left lateral bending planes. This is not “asymmetry of spinal motion” as described within the Fifth Edition.

    Asymmetric motion of the spine in one of the three principal planes is sometimes caused by muscle spasm or guarding. That is, if an individual attempts to flex the spine, he or she is unable to do so moving symmetrically; rather, the head or trunk leans to one side. To qualify as true asymmetric motion, the finding must be reproducible and consistent and the examiner must be convinced that the individual is cooperative and giving full effort. (5th ed. 382)

    Pointed out in The Guides Newsletter article by Haralson and Brigham, the description of “dysmetria” occurs when an examinee moves to the side as he or she flexes and extends avoiding pain. This finding likely occurs when persistent muscle pathology is present such as guarding or spasm. In other words, “Asymmetry of Spinal Motion” would be unusually rare as an isolated finding. In addition, if associated with the descriptors of muscle spasm or guarding, the evaluator must verify reproducibility and determine appropriateness of the finding. Injuries with non- reproducible or non-organic examination findings must be heavily scrutinized to insure accuracy of the findings and impairment rating.

    In summary, this article is the first in a series of articles that should be used to help evaluators gain from past articles and discussions authored in the Guides Newsletter. This particular article discussed the finding of “Asymmetry of Spinal Motion,” and its common misuse by evaluators when rating less severe spinal injuries within the DRE methodology outlined within the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition.

    Look for additional articles in this series, The Guides Newsletter – Important Clinical Concepts from Past Issues, in upcoming issues of this ezine.

    References:

    (1)Errors in Impairment Rating: Challenges and Opportunities By Christopher R. Brigham, MD, Craig Uejo, MD, MPH, and Leslie Dilbeck. (2)The Journal Worker’s Compensation, Summer 2006 (in press), Fifth Edition: The New Standard By Christopher Brigham, MD, MMS; James B. Talmage, MD; and Leon H. Ensalada, MD, MPH. The Guides Newsletter November/December 2000. (3) Objectifying the Spinal Impairment Examination: Fifth Edition Approaches By Robert Harralson, III, MD, and Christopher R. Brigham, MD. The Guides Newsletter November/December 2001.

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