What is the legal standard for apportionment in psych claims?
Separate the % of permanent impairment caused by work vs non-industrial factors, with clear rationale and evidence.
Mnemonic for apportionment
“SPLIT” — Separate, Percent, Link, Industrial, Total.
Why document pre-injury function?
Establishes baseline mental health and ADL level to measure industrial aggravation.
What if claimant had therapy before injury?
QME should describe pre-existing disorder severity and note if work caused additional impairment.
How should QME address childhood trauma?
Identify as non-industrial factor; estimate % contribution to current impairment if medically supportable.
Can personality disorders be apportionment factors?
Yes — if pre-existing and medically linked to impairment level, but must explain evidence.
Why must QME avoid speculation in apportionment?
Unsupported % splits can be overturned; must cite records, history, and clinical reasoning.
What is GAF 41–50 significance?
Serious symptoms or serious impairment in social/occupational functioning — often mid-range PD.
GAF 31–40 significance?
Major impairment in several areas — higher PD rating potential.
GAF >60 significance?
Mild impairment — usually minimal or no PD.
Why give functional examples for GAF?
Supports score with observable ADL limits (e.g., panic attacks at work, isolation).
Mnemonic for GAF rationale
“SEE” — Symptoms, Examples, Employment impact.
What is treatment recommendation section for?
Guides future care (therapy, meds); not tied to PD % but required in QME report.
Why avoid “permanent and total disability” language casually?
It’s a legal conclusion; QME should describe functional impairment, not declare total disability.
When is total PD (100%) accepted in psych?
Severe, treatment-resistant disorders preventing any competitive employment with clear evidence.
What is vocational evidence role?
Can rebut scheduled PD % if actual earning loss differs; QME may review but does not calculate.
Why include objective test scores in report?
Strengthens credibility and defense against malingering allegations.
Are neurocognitive tests used in psych WC?
Sometimes — if memory, attention, or brain injury issues are alleged.
What is secondary gain and its impact?
Perceived benefit (financial, legal) may bias reporting; QME should discuss but remain objective.
Why use consistent terminology (“industrial injury”)?
Avoids confusion; must clearly label work-related vs non-industrial causes.
What is SB 863 impact on psyche PD again?
Bars routine psych PD add-ons for post-2013 physical claims unless catastrophic or violent act.
How to document catastrophic injury exception?
Describe objective severity (e.g., amputation, paralysis) and explain why meets statutory exception.
What if psych claim is denied initially?
Applicant may request QME; clear medical causation analysis can help overturn denial.