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Pertinent Information on the Guides
Guides Training is Essential June 20, 2007

In this issue

Impairment Rating Screens Cost-Effective Claims Strategy

2007 Guides Seminars in San Diego

Upcoming Teleconference Calls (Complimentary): State of the States

Internal Medicine Webinar

Impairment of the Knee - Articular Cartilage Injury

Impairment Rating Integrated
Solution - IRIS

Effects of Treatment

Upcoming Events


 

Impairment Rating Screens Cost-Effective Claims Strategy
money

by Christopher R. Brigham, MD

An understanding of the effectiveness of impairment rating screening and the performance of selected reviews is gained by reviewing the experience of a California client who initiated a policy in 2007 where all AMA Guides impairment ratings (including 0% ratings) were reviewed. If the rating was 5% whole person permanent impairment (WPI) or less, only a screen was performed; if the rating was more than 20%, a detailed critique was provided. A detailed critique was also provided if there was a difference of more than 2% WPI between the original rating and the corrected rating. This program was initiated with recognition of the high error rate among rating physicians and difficulties by claims and legal staff in consistently identifying erroneous ratings.

Based on the review for this client of all ratings (including 0% WPI ratings), 57% of the reports were found to be incorrect, with the average original rating of all reports being 8% WPI and upon correction 5% WPI. Of the erroneous ratings, 89% were overrated. The nature of errors is that it is more likely to overrate then underrate. Each impairment rating was converted to a permanent disability rating per the California Permanent Disability Rating Schedule; the average dollar difference was $4,730 (reflecting net adjustments for both overrated and underrated reports) and the average cost of the review service was $412; this reflected an opportunity of an 11.4 return on investment. The fee for an Impairment Screen is a nominal $95 if the rating is determined to be correct and $195 if it is incorrect; these charges reflect a cost which is a small fraction of the dollar amount associated with a difference of 1% WPI. The fee for a detailed critique report is dependent on the time involved in performing the review and preparing the report. The reported experience was that the majority of the time physicians would correct their ratings based on our feedback or that this information was useful in negotiation or case resolution. Therefore, the review service was very cost-effective.

If the original rating is 3% WPI or less, it is highly probable that the rating is correct. 34% of the original ratings were 3% whole person permanent impairment or less; 95% of these ratings were correct (with the exception of a shoulder case rated at 0% WPI and re-rated at 5% WPI). Of the ratings more than 3% WPI, 82.5% were incorrect, with the average original rating 12% WPI and upon correction 5% WPI. After conversion to Permanent Disability this reflects an average dollar difference of $7330 and average cost of review of $574; this reflects an opportunity of a 12.8 return on investment. In terms of review fees, 40% of these were impairment screens ($95 if correct and $195 if incorrect) and 60% were detailed reports (averaging $855).

Therefore, assuming a similar profile of cases, per 100 cases it is probable that approximately 1/3 (34) of the cases will be less than 3% whole person permanent impairment and the vast majority of these ratings will be correct. Of the remaining 66 cases rated as 3% whole person permanent impairment or greater, it is projected 12 will be correct, 15 will be incorrect with a difference equal to or less than 3% whole person permanent impairment, and 39 will be incorrect with a difference greater than 3% whole person permanent impairment. The projected total cost per 100 cases, with only those cases of 3% whole person permanent impairment or greater is $37,315, and projected savings is $483,780 (based on the difference of $7330 for 66% of the cases); this reflects a potential return on investment of 13:1. Although the screening of reports with 3% WPI or less is less likely to identify errors, it does create a more valid database of impairment ratings for specific diagnoses and assists in profiling physicians. Therefore it is recommended that all ratings be reviewed. The increased cost of reviewing all ratings (assuming 95% of the cases of 3% WPI or less are correct) is an additional $3330 reflecting a total of $40,645 and a slight reduction in the immediate ROI to 11.9. It is our opinion that the value obtained in having an inclusive database of all ratings supports reviewing all ratings.

Routine expert review of all impairment ratings is highly recommended. The reviewers should have years of experience in the use of the Guides, clinical expertise, and resources to collect and analyze data. The goal is to assure accurate, unbiased ratings.

_______________________

Impairment Rating Integrated Solution - IRIS

The best practices and most cost-effective claims management approach to impairment ratings is our Impairment Rating Integrated Solution (IRIS), which includes low cost screen of all ratings (Impairment Screen), detailed critique of erroneous ratings (Impairment Review), Impairment Profiling System data analysis (your cases and overall data, including impairments for specific diagnoses and physician profiling), and access to GuidesIQ.

The fee for this solution is nominal; for most impairment screens the cost is only $95 if the rating is correct or $195 if incorrect - a fraction of the cost of even a single percentage error. The fee for detailed critiques is based on the time involved for that case. We will develop with you a process that is most effective for your organization. Ratings are reviewed typically within five days and invoices are sent for each case. The fee for the professional service is typically billed to the file. *If we review all of your ratings, we provide you on a complimentary basis our data analysis (otherwise quarterly licensing fee of $9500) and also access to GuidesIQ for your staff (otherwise annual membership fee of $897 per person). You also receive priority status. Most importantly you have a cost-effective mechanism to assure accurate impairment ratings.

We recommend a three month trial with this intervention. At the end of that time you assess the impact of this strategy and determine whether to continue and if any modifications are needed. Every client implementing this has continued with the screens and the return on investment has been several-fold. Contact Mindy Brigham today and solve the challenge of erroneous impairment ratings.

_______________________

Effects of Treatment

by Leslie Dilbeck, WCCP, CIR

The Guides offer the following discussion for this impairment rating (5th ed., 20):

  • In certain instances, the treatment of an illness may result in apparently total remission of the person's signs and symptoms. Examples include the treatment of hypothyroidism with levothyroxine and the treatment of type 1 diabetes mellitus with insulin. Yet it is debatable whether, with treatment, the patient has actually regained the previous status of normal good health. In these instances, the physician may choose to increase the impairment estimate by a small percentage (eg, 1% to 3%).

How often is this adjustment appropriate?

Very rarely. This adjustment was designed primarily for internal medicine cases, yet 95% of all impairment ratings are musculoskeletal.

When do you recall last reviewing a report where there was an impairment rating for endocrine disease?

Prior to the use of the AMA Guides in California we do not recall reviewing any cases in which this adjustment was made, and we review thousands of cases per year. However, recently we have seen many cases where physicians have been encouraged by applicant attorneys to apply this adjustment.

What are the requirements for applying this adjustment?

  • First, the examinee needs to be asymptomatic and without objective findings as a result of medications or treatment program (i.e. "total remission of the person's signs and symptoms").

  • Second, if treatment was discontinued, to a reasonable degree of medical certainty the examinee would manifest signs or symptoms.

  • Third, ongoing (i.e. permanent) treatment is required. For example, the use analgesics or non-steroidal anti-inflammatory agents would not meet this definition.

Why?

Typically examinees are not totally asymptomatic, they may still manifest findings, and it is doubtful the use of the medications will be lifetime in duration. If applied the physician should explain the rationale and why a specific impairment (1%, 2% or 3% was selected.) Increasing ratings for "Effects of Treatment" may suggest a rating performed by a physician inexperienced in the use of the Guides and/or biased.

Due to these types of errors all impairment ratings should be reviewed by an expert with several years experience in the use of the Guides.

_______________________

Upcoming Events

Please feel free to email me or just stop by if you will be there so that we may touch base. It's always great to meet with our clients face to face. Look forward to seeing you! - Mindy Brigham

July 18 - 19, 2007
SEAK National Workers' Compensation & Occupational Medicine Conference
Four Points by Sheraton Hyannis Resort,
Cape Cod, MA

July 31 - Aug 2, 2007
9th Annual Workers' Compensation Conference
Capital Hilton,
Washington DC

October 3 - 6, 2007
WOEMA - Western Occupational Health Conference
Loews Coronado Bay Resort,
Coronado, CA

November 6 - 7, 2007
National Workers' Compensation and Disability Expo
McCormick Place,
Chicago, IL




Thanks to all that came out for our Happy Hour in San Diego! It was great to meet with you! We are scheduling another one for the Irvine, CA area in July and another San Diego gathering in August-more details to come!


  • 2007 Guides Seminars in San Diego
  • park san diego

    Our Summer Seminar series for Guides training will be held on August 17th and August 18th in our new training facility in San Diego. We do hope you will join us for this special event!

    Friday, August 17, 2007

    Practical Application of the AMA Guides, 5th Edition

    This course is back by popular demand. Attendees will be reviewing medical reports to determine accuracy of impairment. A step-by-step approach will be taught for assessing and calculating impairment based on report review. Specific strategies will be taught for reviewing medical reports and how to handle erroneous impairment ratings.

    This seminar is oriented to claims managers, adjusters, case managers, defense attorneys, applicant attorneys, raters, judges and physicians who have had prior training on the Guides, 5th Edition.

    Saturday, August 18, 2007

    Clinical Assessment of Impairment

    We have had many requests for this course which will focus on specific exam techniques as outlined in the Guides, 5th Edition. This will be a hands-on approach to learning with live demonstrations of physical examination.

    The data acquired during the assessment will then be reviewed and applied to the criterion in the Guides. Attendees will work through several musculoskeletal cases using this didactic model.

    This one day course is oriented to physicians (orthopedic surgery, neurosurgery, neurology, occupational medicine, physical medicine and rehabilitation, and pain medicine), chiropractors and other health professionals who have had prior training on the AMA Guides, 5th Edition.

    Location: Rio Vista Building (Conference Facility) 8885 Rio San Diego Drive, San Diego, CA 92108

    Fees: (Educational Investment)

    • Practical Application of the AMA Guides, 5th Edition
      Friday
      (includes continental breakfast and lunch)

      In Advance: $397.00,
      At Door
      : $425.00

    • Clinical Assessment of Impairment
      Saturday
      (includes continental breakfast and lunch)

      In Advance: $397.00,
      At Door
      : $425.00

    • Both Seminars
      Friday & Saturday

      In Advance: $747.00,
      At Door
      : $797.00

    • CME/WCCP credits: 7 hours/seminar.

    Registration fees include syllabus, breaks, and food - and, most importantly the best training on the Guides.

    Both seminars are participatory, focusing on case studies reflective of the most common and challenging situations encountered in California workers' compensation.

    They also include practical demonstrations of physical examination techniques (including inclinometry), insights to Apportionment, and ample opportunity to have your specific questions addressed.

    In advance, you will be able to present to us questions that will be answered at these seminars.

    In Addition...

    We will be having a VIP dinner event with Dr. Brigham and staff in downtown San Diego on Friday, August 17th for a small group of the first 10 seminar attendees that respond.

    Please call us at 619-299-7377 to reserve your spot today.

    Dinner event: $95

  • Upcoming Teleconference Calls (Complimentary): State of the States
  • map of US

    In the workers' compensation arena, states vary in how they make use of the Guides. Join us in an exciting new series of state specific teleseminars, each one hour in duration.

    The goal is to provide you with a better understanding of the AMA Guides to the Evaluation of Permanent Impairment, the problems with associated erroneous impairment ratings, and how to manage the rating process.

    Dr. Brigham, a nationally recognized expert on the Guides and Editor of the Guides Newsletter, will summarize the findings based on review of thousands of ratings, identify critical errors, and provide suggestions for managing ratings. A panel of leading claims, legal and medical experts from each state will participate in lively discussion about use of the Guides and their insights.

    This event is appropriate for all professionals involved with impairment ratings, including claims professionals, attorneys, fact finders (judges, commissioners, and hearing officers), physicians, and other health care providers. Advance registration is required, attendance is limited, and this program is complimentary. As a result of applying the strategies discussed, attendees and ultimately the state will have more reliable ratings.

    The next up in this series will be for the Longshore & Harbor Workers' Act on June 27th.

    • All seminars are held on Wednesdays at 2 pm local time, except for the Longshore session, which is at 12 noon Pacific Time.

    • If you are interested in participating as an expert in your state, please contact: Leslie Dilbeck.

  • Internal Medicine Webinar
  • stethoscope blue

    We are pleased to announce our newest Webinar Series: Rating Impairment of the Respiratory and Cardiovascular System. This series will focus on what diagnostic testing is necessary to determine impairment of the respiratory and cardiovascular systems. You will learn how to interpret the testing and apply it to the criteria in the Guides for purposes of determining an impairment rating based on the AMA Guides to the Evaluation of Permanent Impairment, 5th edition. This 4 part series is scheduled as follows:

    • August 2, 2007 12-2 PST,
      Session 1: Tests for the Respiratory System

    • August 9, 2007 12-2 PST,
      Session 2: Rating Impairment for the Respiratory System

    • August 16, 2007 12-2 PST,
      Session 3: Tests for the Cardiovascular System

    • August 23, 2007 12-2 PST,
      Session 4: Rating Impairment for the Cardiovascular System

    Your trainer will be Stephen L. Demeter, MD, MPH,CIME, CIR. Dr. Demeter is board-certified in three specialties: Internal Medicine, Pulmonary Medicine and Occupational Medicine. He is a distinguished consultant with a superb national reputation and a highly regarded author. He is a graduate of the Ohio State University College of Medicine, completed an internship and residency at Mount Carmel Medical Center in Columbus, Ohio, a Fellowship in Pulmonary Disease at the Cleveland Clinic Foundation, and a Masters in Public Health from the Medical College of Wisconsin. He has served as Head of Division of Pulmonary and Critical Care Medicine at Northeastern Ohio Universities College of Medicine (1983-2002, Full Professor 1989-2002). Dr. Demeter is a Founding Fellow of the AADEP (1987) and served as President (2000-2001). He is also a CIME by the American Board of Independent Medical Examiners and is a Certified Impairment Rater.

  • Impairment of the Knee - Articular Cartilage Injury
  • small knee cartilage

    The Guides Newsletter - Important Clinical Concepts from Past Issues
    by Craig M. Uejo MD, MPH, QME, CIME, CIR

    This is the next article in a series written to assist evaluators in their use and interpretation of The AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (Cocchiarella L, Anderson G, AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, AMA Press, 2001). It will be used to help summarize 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.

    This particular article will discuss the issues of rating an articular cartilage injury to the femur/tibia after direct trauma has occurred. This issue was discussed in the March/April 2005 edition of The Guides Newsletter - Knee Arthritis. Christopher Brigham, MD; Charles Brooks, MD; and James Talmage, MD were the authors.

    Knee - Articular Cartilage Damage after Direct Trauma

    Direct knee contusion injuries can result in articular cartilage injury without documentable impairment based on the methodologies outlined in the Guides, 5th ed. Namely, there can be no motion loss, instability, strength loss, neurological deficits, etc. Arthritis can be a ratable finding if on radiographs there is documented joint space narrowing equal to or less than 3mm. If, however, there is normal joint space, the question posed raised by some evaluators is "could there be ratable impairment absent these methodologies?"

    The Guides Newsletter article documents the following argument; Yes, similar to the chondromalacia patellae rating (footnote to Table 17- 31) after direct trauma to the patella, there could be up to 5% lower extremity impairment for articular cartilage damage of the femur/tibia after direct trauma:

    Does a patient with arthritis have ratable impairment if the cartilage interval is normal? The footnote to Table 17-31 states, "In an individual with a history of direct trauma, a complaint of patellofemoral pain, and crepitation on physical examination but without joint space narrowing on x-rays, a 2% whole person or 5% lower extremity impairment is given." However, even if there is no impairment due to joint space narrowing or by meeting criteria specified in the footnote, the individual may have impairment due to diminished knee motion, muscle weakness or atrophy, etc. If articular cartilage damage from direct trauma to the patella causes ratable permanent impairment, what about injury to the femur or tibia? Given a history of direct trauma and persistent pain, crepitus on physical examination, and a subchondral "bone bruise" (increased signal in subchondral bone and articular cartilage on T2 and fat suppression images) on MRI, should this not also be rated as mild arthritis, despite an otherwise normal exam and normal radiographs? Subsection 17.2h, Arthritis, does not answer this question, but a rating equal to that for patellar trauma- 2% whole person or 5% lower extremity impairment- would seem consistent with the Guides philosophy.

    In summary:

    The Guides 5th ed. recommends considering rating a knee contusion (direct trauma) injury that resulted in documentable articular cartilage damage to the femur and/or tibia, along with findings of articular cartilage damage on imaging and "crepitance" on examination, then there could be up to 5% lower extremity impairment awarded.

    • Look for additional articles in this series, The Guides Newsletter -Important Clinical concepts from Past Issues, coming in upcoming issues of this Brigham and Associates Ezine.

    619-299-7377