AMA Guides® Newsletter - Issue Archive

Articles

1. Longshore and Harbor Workers' Compensation Act: Use of the AMA Guides1

   Christopher R. Brigham, Eric Richardson

   Pages 3–8

   DOI: 10.1001/amaguidesnewsletters.2018.MarApr01

   Abstract

   The US Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927; it is administered by the US Department of Labor, Division of Longshore and Harbor Workers’ Compensation (DLHWC), and provides medical benefits, compensation for lost wages, and rehabilitation services to longshoremen, harbor workers, and other maritime workers such as pier, wharf, dock, or terminal workers who are injured during employment or suffer diseases caused or worsened by employment conditions. The LHWCA and the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) similarly define many terms (eg, injury, disability, impairment, permanent). Under the LHWCA, impairment ratings are performed for “scheduled injuries,” and disability benefits are determined by multiplying the percentage of “permanent disability” (eg, “permanent impairment”) for a specific body part by a specified number of weeks. For DLHWC impartial medical specialty evaluations, specific steps are taken to avoid prejudgment of a case, and contested cases are heard before administrative law judges. Physicians who perform impairment ratings should understand not only how to fairly rate permanent impairment according to the AMA Guides but also the specific needs of the groups that request these evaluations. Impairment ratings are required for scheduled injuries, hearing loss, and occupational disease cases covered by the LHWCA; physicians must express extremity ratings as the most distal body part applicable, not as a whole person impairment.
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2. Challenges in Rating Multiple Upper Extremity Conditions: A Case of Quadrilateral Space Syndrome and Medial Elbow Injury

   Douglas W. Martin

   Pages 9–12

   DOI: 10.1001/amaguidesnewsletters.2018.MarApr02

   Abstract

   Physicians sometimes are challenged with clinical presentations that do not fit perfectly within the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides); in such cases, the evaluator is instructed to apply clinical judgment and common sense when determining an impairment, with particular consideration of the effect of the medical condition on the individual's activities of daily living. In this case presentation, a 35-year-old male private security guard injured his right elbow performing a bench press while on assignment. After magnetic resonance imaging and electrodiagnostic evaluation, the patient underwent surgery that included a medial elbow Nirschl procedure and an ulnar nerve submuscular transposition. The patient underwent twelve months of rehabilitation, but he continues to experience a pins-and-needles sensation and perceives upper arm strength loss. Twenty-four months after surgery, the patient declines surgical treatment for quadrilateral space syndrome and presents for an impairment rating evaluation. Accepted medical conditions under the workers’ compensation program include quadrilateral space syndrome, medial epicondylopathy, and ulnar nerve entrapment at the elbow (cubital tunnel syndrome). The AMA Guides, Sixth Edition, does not include a listing for quadrilateral space syndrome, and the author discusses the challenges of teasing out functional limitations when multiple diagnoses are present within the same limb. Evaluators should note that the AMA Guides recommends using the impairment rating that most closely represents the actual functional loss.
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3. Colorectal Cancer: Case Example

   Christopher R. Brigham, James B. Talmage, Stephen L. Demeter

   Pages 12–16

   DOI: 10.1001/amaguidesnewsletters.2018.MarApr03

   Abstract

   Under California Labor Code Section 3212.1, firefighters, forestry and fire protection workers, peace officers, and first responders receive a potentially rebuttable presumption of compensability for certain conditions, including cancer and leukemia. This case example illustrates the need for accurate clinical, causation, apportionment, and impairment assessments that are based on the facts, current science, and appropriate use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). A retired California firefighter in his mid-sixties presented for an impairment evaluation for the sequelae of his colon cancer; six years earlier, he was diagnosed with stage 1 colorectal cancer and received neoadjuvant chemotherapy and radiation therapy, followed by surgical resection with a diverting colostomy and take-down surgery. He is morbidly obese (body mass index, 45) and has hypertension. He reported fecal frequency, urgency, and incontinence and stated he had problems with erectile dysfunction (ED) before his diagnosis of colon cancer, but after diagnosis and treatment the problem worsened to impotence. The author presents impairment assessments of this case example according to the AMA Guides, Fifth Edition vs the Sixth Edition. According to the fifth edition, this individual's impairment for lower gastrointestinal tract impairment is 17% whole person impairment (WPI), and this is combined with 5% WPI for ED, resulting in 21% WPI. According to the sixth edition, the lower gastrointestinal tract impairment of 14% is combined with 5% WPI for ED, leading to an 18% WPI.
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