How should QME handle multiple body parts?
Analyze and apportion each body part separately; don’t lump unrelated regions together.
Mnemonic for multi-part apportionment
“MAP” — Multiple Areas, Percentages each.
What if prior impairment was rated under old schedule?
Still consider it; explain functional overlap and convert if needed for clarity.
Can QME apportion to hereditary disorders?
Yes, if disorder is active and contributes to PD; not if only family history without impairment.
Example: Scoliosis present pre-injury.
QME may apportion % to scoliosis if imaging and functional limits existed before work injury.
Why cite literature or guidelines?
Strengthens medical reasoning and supports defensibility in litigation.
Mnemonic for literature use
“CITE” — Cite, Interpret, Tie to evidence, Explain impact.
When to issue supplemental report?
If new records or test results alter apportionment opinion; QME should update with reasoning.
What is apportionment to pathology vs disability?
Must apportion to disability (functional loss), not just presence of disease without impairment.
Pitfall: apportioning to imaging only.
Invalid if no functional impairment; radiographic changes alone don’t justify % PD.
Why clarify industrial vs non-industrial pathology?
Prevents confusion and supports accurate % assignment for each contributing factor.
Can QME apportion to illegal activity (e.g., drug abuse)?
Yes, if medically documented as contributing to PD (e.g., liver disease from substance use).
Mnemonic for final report checklist
“CLEAR MAP” — Causation, Logic, Evidence, Apportion %, Records, Multiple areas, Apply percentages.
How to discuss medical probability?
State opinion is within reasonable medical probability; required legal standard.
What if patient disagrees with apportionment?
QME explains rationale; WCAB ultimately decides weight of evidence.
How can QME defend against cross-exam?
Stick to documented facts, cite records/imaging, explain methodology clearly.
Example: Hip OA + work injury.
QME might assign 50% to long-standing OA, 50% to industrial trauma if both contribute to PD.
Why describe job physical demands?
Connects or disconnects work tasks to current PD and supports allocation.
Can future surgeries affect apportionment?
No — apportionment is based on current PD at MMI, not speculative future changes.
Mnemonic for apportionment precision
“SMART” — Specific, Measurable, Apportion %, Rationale, Tied to evidence.
How does apportionment affect PD benefit calculation?
Reduces the industrial % used to compute monetary benefits; worker is paid only for industrial portion.
What if QME fails to apportion when indicated?
WCAB may assume 100% industrial and award full PD against employer.
Can apportionment be zero?
Yes, if no credible non-industrial contribution is found.
What should QME say when prior % unknown?
Provide best estimate with rationale: “In my medical opinion, 30% is due to prior degeneration…” etc.