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Shaw Chiropractic
A Medical-Legal Newsletter for Personal
Injury Attorneys
by Dr. Steven W. Shaw
Impairment
Vs. Disability
The application of impairment ratings
vs disability ratings can cause both physicians
and attorneys a great deal of confusion.
The fundamental problem is that many attorneys
and physicians assume that these two terms
are synonymous. However, impairments and
disabilities have very different meanings
and their applications should be thoroughly
understood by all parties who deal with
the final outcome assessment of patients
and clients.
Permanent Impairment - "This is
a purely medical condition. Permanent
impairment is an anatomical or functional
abnormality or loss after Maximal Medical
Rehabilitation has been achieved, which
abnormality or loss the physician considers
stable or non progressive at the time
of evaluation. It is always a basic consideration
in the evaluation of permanent disability".
To rate impairment is to rate every day
bodily functions.
Permanent Disability - " This is
not a purely medical condition. A patient
is "permanently disabled" or
"under a permanent disability"
when his actual or presumed ability to
engage in gainful activity is reduced
or absent because of "impairment"
which in turn, may or may not be combined
with other factors. A permanent condition
is found if no fundamental or marked change
can be expected in the future." To
rate disability is to rate employability.
What he or she can do to earn a living.
Physicians should not be required to
rate disability. They rate physical impairment.
Attorneys, judges and vocational rehabilitation
specialists rate disability.
The physician's recommendations found
in the final narrative report should contain
the physical capabilities and limitations
of the patient. This information will
aid interested parties in the determination
of the patient's disability.
Use of the
AMA Guides
1. The use of the Guides represent estimates
rather then precise determinations.
2. Where objective data is available
it should be used. When the physician
is unable to find or use objective data,
then he or she must rely on clinical experience
The Guides do not provide all the answers.
A physician's judgement, expertise, and
skill are factors in estimating the degree
of a patient's impairment.
3. A 1991 survey indicates that for 40
out of 53 jurisdictions, use the Guides
is mandated or recommended by law in workers'
compensation cases.
4. It must be emphasized and clearly
understood that Impairment percentages
derived according to the Guides should
not be used to make direct financial awards
or direct estimates of disabilities.
The 4th Edition
The 4th edition of the Guides has been
changed to use two methods to evaluate
spinal impairments. These include the
new "Injury Model" (AKA Diagnostic
Related Estimates method or DRE) and the
conventional "Functional or Range
of Motion Model" . Until the recent
edition of the Guides the range of motion
model was the preferred method. However,
the DRE is now the recommended approach.
Using the DRE approach the physician
establishes the diagnosis, and then by
using differentiators, determines the
appropriate category (I-VIII) that the
patient best fits into. No differentiator
is required to place a patient in any
category. However, if a differentiator
is present, it provides important evidence
as to the category in which a patient
belongs.
DIFFERENTIATORS:
1. Guarding
2. Loss of reflex(es)
3. Decreased muscle circumference (atrophy)
4. *Electrodiagnostic evidence
5. *Loss of motion segment integrity (stress
films)
6. Loss of bowel or bladder control
7. Bladder studies
Only when a patient cannot be rated by
the DRE method should the ROM model be
used. In the ROM model the physician uses
Table 75 for Specific Spinal Disorders
and combines those values with range of
motion, neurological deficits and values
for the organ systems involved.
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