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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.
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Acumar
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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
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Our Holiday Gift to You! |
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Learn the AMA Guides on CD Rom and DVD with packages
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To order packages:
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Click here to Order
Packages |
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Apportionment
Webinar 301 CD Program: Coming in January! |
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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.
This highly acclaimed Webinar will be available mid-
January, as an 8 CD set. You will learn how to assess cause
and to apportion problems such as carpal tunnel syndrome,
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- Over 14 hrs of quality AMA Guides training on CD ROM!
- 8 Sessions: each session appr. 1½ - 2½ hours!
- Call today for your copy! (619) 299-7377
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Coaching
Sessions Now Available! |
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Now you are able to have direct access to Christopher
Brigham, MD, Phil Walker, JD and other leading experts on the
AMA Guides, via biweekly teleconference
sessions. This is a very cost- effective method to address
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less than Dr. Brigham's consulting rate for a single hour, you
can access his expertise for six months by joining others in
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Schedule
- Physician Session: Begin Tues.- 5-6 pm Pacific Time
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Tools of the Trade |
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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).
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Certified
Impairment Rater Exam, CIRE |
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Distinguish yourself and your organization by demonstrating
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AMA Guides, Fifth Edition.
Unique, highly cost and time effective evaluation and
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examination is open book and requires you to use the AMA
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the Guides. You will have one week to complete the process
once the examination is started; typically the examination
involves a total of approximately four hours of time.
Utilize a Certified Impairment Rater (sm) to obtain a more
reliable and accurate rating, therefore avoiding needless
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Register
Today |
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More Details... |
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Webinar 101- January Session! |
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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.
Schedule: All sessions 2-4pm P.S.T
Session 1: Overview, Lower Extremity 1/3/06
Session 2: Upper Extremity 1/10/06
Session 3: Spine 1/17/06
Session 4: Other Chpts, Strategies 1/24/06
Discounts for 10 or more attendees!
Call 619-299-7377 |
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Click here to
Register! |
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Jenny
Walker |
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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. |
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Nicole
Doerfler |
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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.
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