Workers Comp and the Toxicology Independent Medical Exam (IME) Brent T. Burton, MD, MPH, FACMT, FAACT

Transcription

1 Workers Comp and the Toxicology Independent Medical Exam (IME) Brent T. Burton, MD, MPH, FACMT, FAACT

2 WHAT IS AN IME? An IME is a medical exam conducted to determine the cause, extent and medical treatment of a work-related or other injury where liability is at issue. An IME is a one-time exam performed by a physician who does not have a treatment relationship with the patient. A doctor-patient relationship is not established and medical treatment or advice is precluded (except in the case of life threatening conditions).

3 PURPOSE OF THE IME Compensability Work Related? Apportionment Impairment Rating Treatment Appropriateness Status Maximum Medical Improvement Fitness for Duty

4 CLAIM PROCESS Role of the Toxicology IME Claim Denied Appeal IME Hearing Claim Filed Insurer Review Claim Pending IME Insurer Review Claim Accepted Medical Treatment IME* *Impairment Rating *Treatment Issues

5 IME REFERRAL SOURCES Insurance Claim Administrators Employers or Third Party Administrators IME Companies Attorneys Government Agencies Attending Physician (Indirect)

6 WHY PERFORM IME s? Intellectual Challenge Flexible Schedule Nobama Care No Medicare Simple Billing Minimal Overhead Administrative Support Financial Gain

7 COMMON EXPOSURES Inhalation o RADS, Asthma o Asbestos, Silica o Gases and Vapors Metals: Lead, Mercury, Chromium, Arsenic Pesticides: Organophosphates, Glyphosate, 2,4-D Sensitizers: Isocyanates, Latex, Mold, Animals Cancer Neurologic: Neuropathy, encephalopathy, Parkinson s Alcohol & Drug Impairment Food Poisoning Fads: SBS, MCS, Toxic Mold, Porphyria, HMP/Chelation

8 IME CHALLENGES PreDiagnosis Motivational Factors/Cooperation Peer Review Deposition and Hearing Testimony Attorney Interference o Coaching o Non-cooperation. Records, Questionnaire, Diagnostics o Exam Limits o Observation /Recording

9 ENVIRONMENT OF BIAS What attorneys tell their clients: The totally biased IME doctors are willing to say whatever they think the people paying them want them to say." Sharpe Law Firm Seattle, WA "...many IME doctors appear to skew their reports in favor of the defense. Aaron Larson Attorneys-USA There is nothing independent about it. The insurance company hires a doctor it knows will minimize your injuries. Schneider & Madsen Law Firm Willmar, MN

10 IME EXAMINER REQUIREMENTS State Medical License o Reciprocity not always authorized for IME s. Malpractice Insurance State Certification as IME Examiner o Application, CME, Testing o Agree to abide by rules.

11 IME PROCEDURE Receive Referral o Schedule 2 Hour Appointment o Patient (Examinee) Registration o Send out Confirmation w/ Questionnaire o Diagnostic scheduling Exam Commencement o Introduction, Purpose and Referral Source o No Doctor Patient Relationship o Format of exam, i.e. H&P, diagnostics. o Release authorizations, if required

12 Exposure History Standard Medical History Format o Supplement with Health Questionnaire o Lifetime chronology o Characterize all past medical encounters Symptoms Diagnoses Treatment & Response o Lifestyle/Behavioral characteristics Tobacco, alcohol, drugs, hobbies, etc.

13 Exposure History Focused Work History Learn the Job! o Type of workplace o Job description o Use of each substance o Protective equipment o Labels and/or Material Safety Data Sheets Are Symptoms Consistent with Exposure? o Character Irritation Intoxication Toxic Syndrome o Timing Relationship to exposure o Duration

14 MSDS Material Safety Data Sheet Product Name Hazardous Ingredients Physical Data Fire and Explosion Hazards Health Hazards Reactivity Spill Procedures Special Protection Precautions

15 Exposure Assessment Objective Data Biological Indicators o DOI lab studies, e.g. CO o Direct measure, e.g. blood lead o Target organ markers, e.g. PFT s, Immune response. Workplace Environment o Industrial Processes o Industrial Hygiene Survey/Workplace sampling o OSHA Inspection/Citations o Site Visit

16 Analysis of Causation I. EXPOSURE Was there a toxic exposure in this case? II. DISEASE What evidence supports a diagnosis? III. RELATIONSHIP IV. EXCLUSION OF OTHER CAUSES Did this exposure cause this disease? General Causation? Specific Causation? Have alternative etiologies been considered?

17 Causation Caveats Association Causation Exposure Disease Pb Disease Exposure Mesothelioma Exposure + Disease Causation CO

18 Documentation of Disease Consistent Symptoms Objective Findings Physical Exam Diagnostic Studies Diagnostic Criteria

19 Exposure v. Disease Relationship General Causation Has a valid causal relationship been established between exposure and this specific disease? Valid Exposure-Disease Relationships: n-hexane v. neuropathy Asbestos v. mesothelioma Benzene v. AML TDI v. asthma Invalid Exposure-Disease Relationships: Sick building syndrome Multiple chemical sensitivities Chemically-Induced Porphyria Fibromyalgia

20 Exposure v. Disease Relationship Specific Causation Is there adequate documentation that an exposure of sufficient intensity and duration (i.e., dose) can cause disease or injury in this case? New onset? Or exacerbation of preexistent injury/illness?

21 Dose Response Relationship Paracelsus ( ) Father of Modern Toxicology Alle Ding' sind Gift, und nichts ohn' Gift; allein die Dosis macht, daß ein Ding kein Gift ist. ( The dose makes the poison. )

22 Alternative Causes Has a thorough and appropriate differential diagnosis been applied and each potential alternative diagnosis excluded?

23 Alternative Considerations Sources of common symptoms often attributed to occupational diseases: Odor Perception Smoking Substance Abuse Infection Allergies Psychological Factors Underlying Medical Conditions

24 IME REPORT Discussion Format State conclusions (opinion) o Avoid hedging or wiggle words o I feel, believe, consider etc. o consistent with Characterize exposure. Medical data that support or refute the proposed diagnosis Relationship between exposure and proposed diagnosis Alternative conclusions, i.e. differential diagnosis Respond to specific legal questions posed by requestor o Medical-Legal Connection

25 Medical-Legal Connection Work Cause/Contribution Varies by State Statute Proximate Cause, Major Cause, etc. Medically Stationary, MMI, etc. Combined Condition (apportionment) Impairment Rating e.g. AMA Guidelines

26 IME REPORT Potential Follow-up Requirements o New records for review o Attorney Consultation o Concurrence letters, addendum reports o Deposition defending the IME report o Hearing -- ALJ s, attorneys & witnesses

27 CASE OUTCOME?