California Orthopaedic Association

Disclaimer: The answers to these questions can be found in the audio recording, in the course handouts, and represent the opinion of the speakers.  They do not necessarily represent COA’s opinion or policy on the issue.

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* 1. Contact Information

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* 2. Test Date

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* 3. Only physicians as defined by the Labor Code can be a QME.  A physician is defined as an M.D., D.O., Psychologist, Acupuncturist, Dentist, Podiatrist, Chiropractor, or Optometrist.

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* 4. It's the QME's primary responsibility to resolve disputes without being biased towards the defense or the applicant?

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* 5. A Qualified Medical Evaluation must be performed in an office location that has been approved for QME examinations by the California Division of Workers' Compensation (DWC)?

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* 6. The employer has the burden of proving any apportionment of the impairment.

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* 7. A Physician Assistant may perform all tasks in a Qualified Medical Evaluation, with the exception of the physical examination and the decision determining causation and Permanent and Stationary status?

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* 8. With appropriate physician supervision, a Nurse Practitioner in a QME's office may sign a QME report?

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* 9. Impairment and associated disability related to activities performed outside of work may be included in a QME report?

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* 10. It is inappropriate to question the integrity of the injured worker; however, inconsistencies in the history of complaints presented by the injured worker during the evaluation should be addressed and explained in the QME report.

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* 11. Rules regarding Ex Parte communication, means that you cannot talk to the patient after the examination is completed and the applicant has left the office?

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* 12. The standard for medical decision-making in a QME evaluation is reasonable medical probability?

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* 13. An evaluating physician is permitted to change their mind, after generating a QME report, upon reviewing new evidence or performing further research?

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* 14. A QME may ignore the injured worker's past medical history if they feel it is not relevant to the injury?

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* 15. A QME may decline to consider a Permanent & Stationary rating pending tests or imagining studies that were requested by the QME and have not been completed or reported in the medical record.

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* 16. If conflicting information comes from the insured vs the injured worker, the QME should provide their opinions according to both presentations and let the WCAB judge decide the correct one.

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* 17. What was the major goal for using the AMA Guides to evaluate impairment for injured workers in California?

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* 18. Subjective complaints can not be considered for impairment assignment and disability awards in California.

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* 19. Apportionment should be discussed in all QME reports, including cases that have not yet become permanent and stationary?

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* 20. Causation of disability is a complexity factor that must be addressed in all QME reports?

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* 21. Upper Extremity
Impairment in the upper limb for absence of body parts, loss of joint range of motion, and neurological impairment. Impairment for subjective complaints associated with inflammation, circulatory insufficiency, joint instability or pain, are not considered by the Guides.

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* 22. Assessment of impairment in the hand and upper limb requires the evaluating physician to confine his/her assessment to the tables and figures in Chapter 16 of the AMA Guides before considering the combination chart.

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* 23. When considering an upper limb injury and an associated head injury, the impairment values for the hand, elbow, and shoulder are added and then combined with the impairment associated with the head injury.

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* 24. Lower Extremity
When a physician is rating an impairment, there are situations where more than one method can be used to describe the injured worker’s impairment. If more than one method can be used, the evaluating physician should choose the following method:

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* 25. When converting a lower extremity impairment to a whole person impairment, how is the conversion calculated?

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* 26. When rating a lower extremity impairment using the gait derangement method using table 17-2, what considerations are important?

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* 27. When rating lower extremity impairment using the ankylosis method in the same joint, how should the impairment for malposition be combined with the impairment for ankylosis in optimal position?

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* 28. When rating impairment for the lower extremity, how does the evaluating physician select, or combine the impairment calculated from the various impairment methods?

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* 29. In a cumulative trauma case, symptoms that have been present for a year without being reported and a claim initiated, are no longer eligible for a Workers' Compensation claim?

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* 30. Rating Issues
Cervical Spine Injury: Fusions at C3-4 and C4-5. How would you rate this using Chapter 15 of the AMA Guides?

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* 31. Lumbar Spine injury: Muscle spasm on examination, non-verifiable radicular complaints. Some difficulty with ADLs. Which DRE category do you use?

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* 32. Which of these are necessary components of a Spinal ROM Method rating?

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* 33. Which other impairments can be combined with impairment for Carpal Tunnel Syndrome?

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* 34. Per Table 17-2, AMA Guides Page 526, which of these impairment can be combined with a partial medial menisectomy of a knee?

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* 35. An Almarez-Guzman analysis allows the Qualified Medical Evaluator to determine the final impairment or the injured worker, regardless of the impairment assigned by the AMA Guides.

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* 36. An Almarez-Guzman analysis requires the evaluating physician to first calculate the impairment assigned by the standard and customary use of the AMA Guides and then assign an alternative impairment if that Is more favorable to the injured worker.

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* 37. The evaluating physician considering an Almarez-Guzman analysis must use some portion of the AMA Guides when offering an alternative calculation of impairment that he/she feels is more accurate for the presentation of the patient.

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* 38. The combined values chart in the AMA Guides compresses multiple impairment calculations in order to avoid assigning duplicative impairments that may exceed 100% of whole person Impairment.

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* 39. In some cases, impairment assigned to more than one body part may have a synergistic effect, but increased impairment may not be considered by a QME.

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* 40. Treatment for a non-industrial condition may be recommended by the QME if this treatment is necessary to deliver the required treatment for the industrial Injury.

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* 41. Timelines
Injured worker has 10 days to select a QME from a list of 3 provided by the DWC.

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* 42. If the injured worker fails to select QME, employer will then have 10 days to select QME.

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* 43. QME has 30 days from the date of the evaluation to submit their report.

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* 44. The appointment with the QME must be scheduled within 90 days of the request.

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* 45. QME may request an extension from the DWC to submit their report.  Two 15-day extensions may be granted for good cause.  Good cause would include verifiable physical illness of the QME or damage to the QME's office.

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