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Apportionment and the AMA Guides
www.impairment.com eZine December 21, 2005

In this issue:

The Science Behind Apportionment

Our Holiday Gift to You!

Apportionment Webinar 301 CD Program: Coming in January!

Coaching Sessions Now Available!

Tools of the Trade

Certified Impairment Rater Exam, CIRE

Webinar 101- January Session!

Jenny Walker

Nicole Doerfler


 

The Science Behind Apportionment

The notion of apportionment is universal in all jurisdictions utilizing the Guides for determining impairment; however, the laws surrounding apportionment do vary from jurisdiction to jurisdiction. The 5th edition Guides to the Evaluation of Permanent Impairment, Chapter 1 provides excellent guidance on how apportionment should be considered relative to the impairment. The Guides (5th ed., 11) defines the apportionment as “a distribution or allocation of causation among multiple factors that caused or significantly contributed to the injury or disease and resulting impairment (5th ed., 11)”. The Guides note that “the factors could be a preexisting injury, illness, or impairment.” There can also be an association with risk factors that contributed to the condition for which impairment is being rated.

The Guides provide three criteria for the evaluator to verify prior to making an opinion on apportionment (5th ed., 11):

  • There is documentation of a prior factor.
  • The current permanent impairment is greater as a result of the prior factor (ie. prior impairment, prior injury or illness).
  • There is evidence indicating the prior factor caused or contributed to the impairment, based on a reasonable probability (>50% likelihood).

California workers' compensation reform has resulted in sweeping changes in apportionment, as reflected in Labor Code Sections 4663 and 4664. Brigham & Associates has had the opportunity to explore the science behind apportionment by researching current scientific literature. Studies provides a sound basis for apportioning impairment to risk factor or underlying conditions. While there are multitudes of scenarios in which this can be applied we have chosen to demonstrate the science behind apportionment in degenerative disk disease and carpal tunnel syndrome.

With respect to the degenerative disease, one of the most interesting studies is that by Michelle Battie and Tapio Videman, MD of "Lumbar Disk Degeneration. Epidemiology and Genetic Influences" (Spine, 29(23) 2679-2690, 2004). Studies of twins exposed to various occupational physical demands revealed that genetics explains 74% of the variance in degenerative disk disease. This reflects a dramatic shift in our understanding of disc generation and its etiology, particularly as it relates to the concept of "cumulative trauma". Similar studies have concluded that the development of osteoarthritis is primarily genetic. The results of this and other studies can assist in apportioning the etiology of spinal dysfunction.

Our firm has also researched the etiology of carpal tunnel syndrome (CTS). Again there is a profound paradigm shift in our understanding of the etiology of CTS. Occupational activities have been found to have a relatively minor role in the etiology of this disorder. Keyboard usage is no longer recognized as a cause of CTS. There are several medical conditions that can result in CTS. Well-designed studies have found that three of the most significant risk factors are: being female, overweight, and middle-aged. In apportioning the etiology of CTS all known risk factors should be considered and then the etiology should be apportioned as appropriate to these risk factors. In the past we associated certain jobs being associated with the development of CTS, however studies now reveal that the demographics of the risk factors of the individual are more significant.

For some jurisdictions, such as California, apportionment is a new concept. Whether you are an adjuster, attorney, physician or fact finder, apportionment will come in to play in some of your cases; thus it is beneficial to continue to look to the academic medical community for the value they bring in their research as it pertains to conditions and relationship to all factors which may have caused the condition.




Happy Holidays!

Brigham & Associates thanks you for your continued support. We deeply appreciate all of the very positive feedback we have received, particularly how we have consistently exceeded expectations and provided great assistance. Our dedicated team strives to provide you with excellence in our products and services. I sincerely hope you have a joyful holiday season, as well as safe travels.

With best wishes.

Chris Brigham, MD


  • Our Holiday Gift to You!
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  • Apportionment Webinar 301 CD Program: Coming in January!
  • Presented by Phil Walker, JD & Chris Brigham, MD along with other Specialists from across the U.S. including Robert Barth, PhD, Charles Brooks, MD, Lorne Direnfeld, MD, Mark Melhorn, MD, Mark Hyman, MD, Vert Mooney, MD and Henry Roth, MD.

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  • Tools of the Trade
  • Hammer

    This article is the first of a series in which we will take a closer look at physical examination tools and techniques.

    How do you know if physical examination findings are reliable, accurate and valid? This is a question many physicians, practitioners, adjusters and attorneys ask as they evaluate the data used for determine permanent impairment in a case. The Guides are very specific in their instruction on how data must be obtained at the time of physical examination. One of the most quoted statements taken from the Guides is that “two physicians, following the same methods of the Guides to evaluate the same patient, should report similar results and reach similar conclusions”. (AMA Guides, page 17) This is an interesting statement given the fact that our experts tends to see inconsistent measurements of the same patient by different physicians. We also find that many impairment evaluations fail to document appropriate physical examination measurements. There is an apparent lack of experience or knowledge of the examination protocols outlined in the Guides. Chapter 2 of the Guides provides the “rules” physicians must follow for doing evaluations. Each chapter in the Guides provides specific instruction on how the evaluation for that region should be done.

    These tools assist in achieving reliable, valid and accurate data collection. If the physician does not perform the evaluation according to the standards in the Guides the rating is subject to challenge. Attorneys will find these standards are an excellent basis for defining effective cross-examination questions.

    There are several commonly used instruments based on the directives given in the Guides. We will focus on what these tools are and how they are used. Each tool will be illustrated and we will provide you with references from the Guides.

    Dual Inclinometer: Spine-range of motion testing.

    Spinal range of motion measurements must be obtained using inclinometers as described in Section 15.8 Range-of- Motion Method (pages 398-403). They are essential for Range of Motion impairment assessments and also recommended in obtaining data for Diagnosis-Related Estimate assessments. There are detailed specifications about how spinal motion must be measured. The goal is to provide reliable measurements of specific spinal movements. The Guides note on page 399 that "The greatest source of error that occurs is due to test administrator inexperience or lack of knowledge." Very few of the spinal impairment evaluations we review provide documentation that appropriate inclinometery measurements were obtained.

    There are manual and electronic inclinometers. They range from small angle-measuring devices traditionally used by carpenters, mechanics and tradespersons to sophisticated dual electronic spinal inclinometers. We are distributors of the Acumar Digital Inclinometer, our favorite among the electronic inclinometers, since it is efficient, convenient to use, and reasonably priced.

    In upcoming issues we will discuss the use of goniometers (used to measure joint motion), two point discriminators (used to test 2 point discrimination), Semmes-Weinstein monofilaments (used to test sensibility), and dynamometers (used to measure grip strength).

     
  • Certified Impairment Rater Exam, CIRE

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  • Webinar 101- January Session!
  • AMA Guides Webinar™ 101 - The Fundamentals is an overview on the use of the AMA Guides, with a focus on principles of impairment evaluation, and assessment of spine, upper extremity, lower extremity, neurological, and pain impairments. The seminar is offered in four convenient two hour sessions, totaling eight hours of superb training. This seminar is designed for physicians, attorneys, and claims staff with minimal or no experience in the use of the Guides but is also an excellent review for individuals who may have attended an introductory course and desire further review and clarification.

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    Session 1: Overview, Lower Extremity 1/3/06

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  • Jenny Walker
  • Jenny Walker

    Ms. Walker is our Business Administrator and is responsible for operations, human resources, and financial management. Her goal is to assure an efficient organization that provides you, our clients, with the highest quality service.

     
  • Nicole Doerfler
  • Nicole Doerfler

    Ms. Doerfler is our Client Services Representative in our Portland, Maine corporate office. She exemplifies excellence in customer service and is always willing to assist our clients with special requests. Do not hesitate to give her a call at 207- 879-9400, Toll Free 866-848-9205.