When should an injured worker get an attorney?

If you’re a medical provider in workers’ compensation, then sometimes your patients might want legal representation.

When your patients ask, “Should I get an attorney?” then we recommend referring them the Disability Evaluation Unit.

To learn why, listen to our podcast on the subject here: “Attorneys in Workers’ Comp: A Historical Perspective” (released September 3rd, 2015).

 

 

The DEU has offices in the following locations:

Anaheim
1065 N. PacifiCenter Drive
Anaheim, CA 92806
(714) 414-1803
Oxnard
1901 N. Rice Avenue,
Suite 200
Oxnard, CA 93030
(805) 485-4423
San Francisco
455 Golden Gate Avenue,
2nd floor
P.O. Box 420603
San Francisco, CA 94142
(415) 703-5030
Bakersfield
1800 30th Street,
Suite 100
Bakersfield, CA 93301-1929
(661) 395-2723
Pomona
732 Corporate Center Drive
Pomona, CA 91768
(909) 629-6288
San Jose
100 Paseo de San Antonio,
Room 223
San Jose, CA 95113
(408) 277-2024
Eureka
* Satellite office
Ratings to be sent to
Redding
Redding
250 Hemsted Drive,
Second Floor, Ste. B
Redding, CA 96002
(530) 225-3179
San Luis Obispo
4740 Allene Way,
Suite 100
San Luis Obispo, CA 93401
(805) 596-4157
Fresno
2550 Mariposa Mall,
Room 2005
Fresno, CA 93721-2280
(559) 445-6427
Riverside
3737 Main Street,
3rd floor
Riverside, CA 92501
(951) 782-4345
Santa Ana
605 W Santa Ana Blvd, Bldg 28,
Room 451
Santa Ana, CA 92701
(714) 558-4113 ext. 6749
Long Beach
300 Oceangate Street,
Room 325
Long Beach, CA 90802-4460
(562) 590-5017
Sacramento
160 Promenade Circle,
Suite 300
Sacramento, CA 95834
(916) 928-3150
Santa Barbara
* Satellite office
Ratings to be sent to
Oxnard
Los Angeles
320 W. 4th Street,
9th floor
Los Angeles, CA 90013
(213) 576-7426
Salinas
1880 North Main Street,
Suites 100/200
Salinas, CA 93906-2204
(831) 443-3222
Santa Rosa
50 “D” Street,
Suite 420
Santa Rosa, CA 95404
(707) 576-2374
Marina del Rey
4720 Lincoln Blvd
2nd floor
Marina del Rey, CA 90292
(310) 482-3868
San Bernardino
464 W. Fourth Street,
Suite 260
San Bernardino, CA 92401
(909) 383-4522
Stockton
31 East Channel Street,
Room 417
Stockton, CA 95202-2314
(209) 948-3651
Oakland
1515 Clay Street,
6th floor
Oakland, CA 94612
(510) 622-2859
San Diego
7575 Metropolitan Drive,
Suite 202
San Diego, CA 92108
(619) 767-2081
Van Nuys
6150 Van Nuys Blvd.,
Room 200
Van Nuys, CA 91401-3373
(818) 901-5376 ext. 5

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RateFast Welcomes Phil Walker

Phil-Walker-An-Introduction-250x375New Podcast

Over at the California Work Comp Report podcast, we’ve just released an episode featuring workers’ compensation attorney Phil Walker. 

Phil will be joining us for more podcasts as we explore the intersection of law, medicine, and patients’ needs in work comp.

You can check out the episode called “Attorneys in Workers’ Comp: A Historical Perspective” here, and you can also read a complimentary blog post.

About Phil

Phil has over 30 years experience in several different workers’ compensation systems from Canada to Mexico to the Rockies.

He is an expert on the AMA Guides, 5th edition (which California currently uses for evaluating and rating work injuries). Phil helps employers figure out if doctor’s work-comp reports are correct.

For more information about Phil and his services, you can visit his website here

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Attorneys in Workers’ Comp: Who they are, what they do, and when to get one

Roles that Defense and Applicant Attorneys play in Workers’ Comp: A historical perspective

Many workers’ compensation claims today involve an attorney at some point. The work comp system, when it came to the United States from Germany, was supposed to be simple, transparent and efficient—a system without attorneys or judges, that focused on three simple steps: 

  1. Medical treatment
  2. Patient recovery
  3. Patient’s return to work

Any permanent impairment would be measured by a doctor with a simple formula, and would tell you how much that injury was worth. 

Permanent disability, on the other hand, was originally used to measure the amount of machines the worker could no longer operate.  The amount of compensation that the injured worker received would then come from that loss.

So, how did work-comp become one of the most complicated areas of law?

Why are defense attorneys involved in today’s workers’ compensation system? There are two primary reasons why attorneys need to get involved: 

This, in turn, results in: 

  • Increased cost of the claim.
  • Increased amount of medical treatment ultimately provided.

And, finally, that an injured worker seeks out an attorney.  This can then further result in additional body parts being added to the claim.  Therefore, providers should always be asking themselves:

“How do I get this case accurately resolved, in the fastest amount of time?” 

When this doesn’t happen, lawyers get involved.

Related Reading

“When should an injured worker get an attorney?”

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Carpal Tunnel Syndrome: What it is and how to measure it

This article is intended for medical providers and others who are interested in carpal tunnel syndrome that is caused by workplace activity.Carpal Tunnel Syndrome

What is carpal tunnel syndrome, exactly?

Carpal tunnel syndrome, or CTS, is caused by pressure on the median nerve in your wrist. The median nerve travels from the forearm through the carpal tunnel into the hand.

What are the symptoms of CTS?

  1. Numbness
  2. Tingling
  3. Weakness
  4. Shooting pain

For further reading on the symptoms of CTS, check out this Mayo Clinic article.

How often does CTS occur?

A lot. According to the American Academy of Family Physicians, Carpal Tunnel Syndrome (CTS) occurs in approximately 3-6% of the adult population.

While CTS can be caused by genetics, diabetes, and pregnancy one major factor can be repetitive, forceful movement. As a result, CTS is a very common workplace injury.

How to measure CTS for an impairment rating

When CTS is caused by work related activities, and if an employee is permanently impaired due to CTS, then the condition requires an impairment rating.

Like all injuries, calculating an accurate impairment rating for CTS requires measurements that can be reproduced. In other words, it’s important the medical providers measure CTS in their patients multiple times to ensure that another provider would obtain the same measurements.

In California (and many other states), all impairment ratings for work-related injuries should be calculated according to the AMA Guides, 5th edition.

According to the Guides, the objective factors that affect the PR-4 impairment rating include sensory loss, grip and pinch loss, and loss of range of motion.

If you’ve used RateFast to write a PR-4 report for an injury to your patient’s wrist, then you probably remember being prompted to measure each of these factors.

CTS Factors and Measurement Tools

  • Sensory loss should be measured with two-point discrimination and monofilament testing using the Semmes Weinstein monofilaments.
  • You can measure grip and pinch loss with a dynamometer.
  • Measure the patient’s loss of range of motion with a goniometer. (Check out the RateFast Goniometer app, available for iOS and Android.)

Remember to use the proper devices to take all measurements twice to make sure your findings are compliant with the AMA Guides. When medical providers don’t take multiple measurements, then their PR-4 report will be incomplete. The result is often an inaccurate impairment rating—which can result in happy insurance carriers and unhappy patients.

How to Add a New Patient in RateFast

Update for 2021: RateFast Express is an even easier alternative to the wonderful RateFast software. Try RateFast Express today!

In order to write workers’ compensation reports using RateFast, you first need to create a patient.

This article tells you how to add basic information about your patient into the RateFast system, so you can start writing workers’ compensation reports.
Continue reading How to Add a New Patient in RateFast

Try the new version of RateFast

If you’re reading this on our blog, then you can see that the RateFast website has undergone a major overhaul. But it’s not just the exterior that’s new and improved. The new version of the RateFast application has a ton of new features.

Here are just a few of the benefits:

Write reports anywhere

Use any computer or tablet with internet access to write, print, and securely store Doctor’s First Reports, PR-2 Reports, and PR-4 reports.

Impress insurance carriers with your thoroughness

The software guides physicians through exams according to the rules outlined in the AMA Guides. You’ll ask all the right questions and take all the measurements necessary to produce a perfect work-comp report.

Receive laser accurate impairment ratings

Gone are the days of staying late at the office figuring out your patients’ impairment ratings. When you write a PR-4 report using RateFast, you’ll receive an accurate and justifiable whole person impairment, complete with references to specific sections and rules in the AMA Guides.

Send out grammatically correct, perfectly formatted reports

RateFast reports are written in conversational language and formatted like the official forms by California’s Division of Workers’ Compensation. You can preview your reports in your secure account, download them as digital documents, and print them out.

Get your whole team involved

Now, your entire clinic can help move work-comp claims forward. Administrative staff, nurses, physician’s assistants, and MDs can all manage work injuries and contribute to reports.

 

 

RateFast is completely free to join: you’ll get 2 free reports to start.

To learn more, call us at (707) 304-5949 or email us at info@rate-fast.com.

The fastest occupational medicine exam ever

Hi, my name’s Dr. John Alchemy—I’m a physician, a QME, as well as the CEO and founder of RateFast.

If your outpatient/office based clinic does occupational medicine, then I’d like to share a recent experience that could benefit your workplace and speed up your workday.

Using nothing but my iPhone and my laptop, I recently gave my fastest work-injury examination ever. The crazy part is that neither my patient or myself had to leave our homes.

Here’s the story: I was at home on a Saturday when I got a phone call. It was from a patient who had recently sustained a knee injury while he was at work. I had seen him recently, ordered some basic treatment, and completed a Doctor’s First report for his claim. But now he was experiencing some new symptoms: his knee was locked. He couldn’t bend it at all. Understandably, he was pretty alarmed.

If I had received this phone call 10 years ago, then my patient would have needed somebody to drive him to the emergency room, or else wait until Monday when my clinic was open. Once he got to the clinic or hospital, he would have needed to wait until somebody was available to see him. The odds of him quickly getting an appointment with me or another provider who was already familiar with his claim and work restrictions would have been pretty slim.

But that’s all in the past. Here’s what we did:

  1. We converted the phone call to a video chat.
  2. Using his phone’s camera, I examined his knee and remotely performed a physical.
  3. I determined that he had a possible bucket handle tear.
  4. While we were on the phone, I logged into RateFast on my laptop and created a PR-2 report. All the information about his injury and his employer from his Doctor’s First report imported into the PR-2 automatically, so I didn’t need to rewrite anything. Instead, I simply added some information about his new symptoms, and updated his treatment plan—specifically, I directed my patient to go to the ER or an orthopedic consultation.
  5. Then, I placed a call for sign-out to the ER. I gave them my potential diagnosis and treatment plan, which prepped them to help my patient when he arrived at the hospital.
  6. My patient’s wife drove him to the ER. But between the time they hung up the phone and the time they got into the car, I had already updated his work restrictions in RateFast and printed out the PR-2 report. It was ready to send to his employers’ insurance carrier.
  7. The whole thing—the exam, the phone call to the ER, and the PR-2 report—was over in less than 15 minutes.

Without telemedicine, this sort of visit might have easily cost my patient more than an hour—15 minutes of driving to the clinic (assuming the clinic is open), 15 minutes in the waiting room, 15 minutes of examination, and then another drive to emergency room. Without RateFast, I would’ve needed to spend extra time refreshing myself on the details of the case and filling out the PR-2 report.

Here are some of the positive outcomes of the whole business:

  1. My patient was able to get an examination without leaving his home or waiting until Monday.
  2. I essentially extended my medical practice’s office hours without losing more than few minutes of my own weekend.
  3. I was able to examine this patient without impacting the schedules of other patients who had appointments at the clinic on Monday.
  4. Since my patient didn’t need to drive as much, the employer and insurance company saved on travel expenses.
  5. My patient’s work restrictions and work status were updated sooner than they normally would’ve been, and the PR-2 was completed without a face-to-face visit.

The bottom line is that the whole claim moved forward faster, and everybody involved saved time and energy.

If you’re not already using telemedicine in your medical practice, then I can’t recommend it enough. Your patients might thank you for it.

If you’re not already on RateFast, now’s a great time to join: RateFast Express has more features than ever, and you get 2 free PR-2 and PR-4 reports (impairment ratings included!). Doctor’s First reports are completely free. Contact us at info@rate-fast.com for more information about how we can help your medical practice.

3 Questions To Ask Before Referring To A Spine Specialist

If you’re a medical provider and your patient has a spine-related injury, then it might be a good idea to refer him/her to a spine specialist.

Before you write the referral, ask yourself these questions:

  1. Can the patient return to work without exacerbating his/her back injury?
  2. Is further treatment for the spine necessary?
  3. Could the patient’s back injury benefit from a different type of physical therapy, or a different type of medication?

If you can’t answer these answer these questions, then it may be best to refer your patient to a spine specialist who can.

For more information, check out our “Spinal Injuries in Work Comp” episode of our podcast.

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How to measure range of motion for a PR-4 report

If your patient has injured a joint, then you (the medical provider) should be sure to measure the range of motion (ROM) of that joint. It’s particularly important to report the range of motion of an injured joint in a PR-4 Report (or the PRIMARY TREATING PHYSICIAN’S PERMANENT AND STATIONARY REPORT).

Why?

Measuring the range of motion for an injured joint is essential for calculating an accurate impairment rating.

If you don’t know how much motion your patient has lost, then you can’t tell how much the work injury impaired him or her.

4 Steps to taking accurate range of motion (ROM) measurements for work comp

1. Have your patient warm up by stretching for two minutes

If your patient warms up before measuring, then your measurements  will be more accurate and consistent, with greater reproducibility.

Reproducibility of measurements within 10% is necessary for measurements to be considered valid by the AMA guides.

2. Use the proper tool

If the joint is in the upper or lower extremity (arm or leg), then use a goniometer.

If the injured joint is in the spine, then use an inclinometer.

3. Measure both sides

Notice that the PR-4 report says “Include bilateral measurements – injured/uninjured – for injuries of the extremities.”

So, if your patient has injured her right shoulder, then measure the range of motion of both shoulders. This shows the contrast between the injured body joint and the uninjured joint.

Unless, of course, both sides are injured! But in this case, you should still measure both sides and report your measurements.

4. Measure multiple times!

If the injured joint is in the upper extremity, then take two measurements across each plane (flexion, extension, etc.).

If the injured joint is in the lower extremity or the spine, then take three measurements across each plane.

5. Report your results in the “Physical Examination” section of the PR-4 report

You will find the “Physical Examination” section on the second page of the PR-4 report form that’s currently on the California Department of Industrial Relation’s website.

Make sure that you present your measurements clearly so that it’s easy to read for a claims adjuster, employer, or another doctor. Indicate the plane of motion and the side of the measurement.

We like to show our measurements in a table. This is how the new version of RateFast, our PR-4 reporting web app, displays the range of motion of a body part:

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