Notes
Slide Show
Outline
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understanding and then
Closing Psychological Claims
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Complete Your CEU Registration at
www.psychological.com
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Overview of this Seminar
  • Why you must obtain a detailed picture of the patient
  • How do all the individual complaints fit together
  • How to use Pre-emptive Moves
  • Decide how you are to put closure on the cases
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The BioPsychoSocial Model
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Epidemiology
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Georgia Case Demographics
  • Most injuries occur in semi-skilled, intensive labor positions, requiring overtime for financial stability with an absence of career or economic plan.
  • Most have no viable future plans, economic support, and do not fully understand injury or treatment options.
  • Most have marginal education and training; many have subaverage intelligence
  • Many have unrealistic expectancies of treatment or case outcome.
  • Most lost time cases have agenda that complicates or obstructs the course of recovery.
  • Many, many have problematic marriages and family including substance abuse and disability, other health problems and past/current bankruptcy


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Simple Case Management Axiom
  • If you do not have all of the information, and/or do not fully understand the claimant,
  • you will never have control of this case.
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Facts:
  • A diagnosed Psychological Disorder is not a disability


  • All Claims Have Multiple Psychological Components


  • Failed Resolution Arises from Case Mismanagement
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The Causes of Claims
of Psychological Disorder
(A Multiple Choice Exam)
  • Fraud & Deception
  • Algaecide Needed in Gene Pool
  • Inherent Nastiness of Panel Providers
  • Sadomasochistic Trends in Adjustors
  • Attempts to Please the Employer
  • All of the above
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The Surgeon Synonym List
How to Avoid the term “Psychological”
  • Functional Overlay
  • Conscious Embellishment
  • In excess of objective findings
  • Non-physiologic Indicators
  • Symptom Amplification
  • Inconsistent Effort (“positive Waddell”)


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The “Psychological” Claim
  • In a pure sense (definition), such claims are not permitted in the State of Georgia
  • “Psychological Component” claims
    • Resultant from injury (e.g. post-traumatic stress disorder) or
    • During the course of care (e.g. major depressive disorder)
  • Most often arise due to naiveté and/or as a result of avoidance by providers and insurers.
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"Mood and Anxiety Disorders naturally..."
  • Mood and Anxiety Disorders naturally arise from serious injury
  • Employer, Insurer, Physician unnaturally trigger  anger, confusion, despair and frustration in injured workers
  • Developmental/Longstanding/Pre-existing/Family Disturbance are opportunistic
  • America’s sense of entitlement


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First Tip:
Using Your Primary Provider
  • Seek Authorized Treating Physician assistance
    • Provide Data (IME Supported) to him/her
      • ATP is rarely aware of patient background
      • ATP may sense the existence of Psychological Components
      • ATP almost never wishes to deal with the psychological components
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Case Example
  • 35 year old plumber, scalded by exploding water heater, treated by Grady burn unit, describes and referred for PTSD symptoms
  • States that it was a near death experience
  • Cannot do plumbing work around the house
  • States he cannot return to work as a plumber
  • States he cannot find other work
  • Multiple (after injury) family matters arise
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The Missing Information
(What the ATP & Adjustor Did Not Know)
  • Loathed working as a plumber and wanted out – “opportunistic injury”
  • Burns were very mild and superficial
  • There was no risk of serious injury
  • Is abrasive and demanding on new job interviews
  • Is discontent with all providers and all care
  • Sees this as potential financial windfall
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The Overall Psychology
of Every Injured Worker
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Valid Concerns Regarding Psych
  • Will add to the cost of care
  • Will add to the cost of settlement
  • Will add to the PPD rating
  • Is a manipulative ploy
  • Will not be competently diagnosed
  • Will not be competently treated
  • Will address pre-existing/unrelated issues
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Harsh Realities
  • Delays are even more costly
  • Appropriate care promotes earlier closure
  • Primary physician may be clueless
  • Denial = Depression, Anger, Retaliation
  • More reliable form of self-protection


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Myths
  • Patient will return to work because treating physician says he/she is able
  • Pain is a quantifiable measure best tested by an MRI
  • You can coerce a patient back to work by denying or suspending benefits and other acts
  • Honest patients behave rationally
  • Patients have more problems than doctors


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Overtly vs. Covertly Psychological
(what we have just learned)
  • Overtly Psychological
    • Claims of Mood or Anxiety Disorder
    • Claims of Posttraumatic Stress Disorder
    • Claims of Pain Disorder
  • Covertly Psychological
    • Anger & Resentment
    • Suspicion & Distrust
    • Entitlement & Deservedness
    • Emotional Denial of Pre-existing Problems
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Psychological Red Flags


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Why Exams are Postponed
  • Can of Worms
    • Increase in Cost
    • Delayed Resolution


  • Afraid of Offending
    • Insurer
    • Physician
    • Employer
  • Lack of Clinical Sophistication
    • The “duh?” factor
  • Perceptual Bias
    • Psychological problems are nonsense or weakness
    • Psychological problems are expensive
    • Psychological problems are tools of the devil
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Your Hunches Are Not Data
  • Injury is falsely reported
  • Problems seem pre-existing
  • New problems are unrelated to injury
  • Patient is being untruthful
  • Patient is case-building
  • Patient is drug seeking
  • Patient does not want to work
  • Spouse is the problem
  • Problems are more financial than physical
  • The treating doctors are the problem
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Ten Critical Data You Must Have
  • The Patient’s Developmental History
  • The Patient’s Educational History
  • The Patient’s Criminal History
  • The Patient’s Medical History (including addiction)
  • The Patient’s Work History
  • The Patient’s Recounting of the Accident
  • The Patient’s Understanding of the Injury
  • The Patient’s Perception of Care
  • The Patient’s Needs and Goals
  • The Patient’s Diagnostic Findings
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To Return Them to Work
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Tip 2: Psychological Exam is Needed in:
  • Assault Cases
  • Amputation cases
  • Chronic Pain & Depression
  • Surgical or Procedure Candidacy
  • Suspected Medication Misuse
  • Questionable Surgical Outcome
  • Procedural Candidacy
  • When Complaints Exceed Findings
  • When There is a Criminal History
  • When There is a Prior History of Injury Claims
  • When Employment Prior to Injury Has Been Brief
  • When There is a Catastrophic Claim


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Swiss Army Knife
  • As a means of determining pre-existing condition(s)
  • As test of functional capacity
  • As extended period of observation
  • As a means of summarizing all medical records
  • As a means of coordinating care between providers
  • As a means of determining whether return to work will ever occur
  • As a means of determining if closure can occur
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Tip 4: Case Settlement
  • Open Psychological Benefits (IME Needed)
    • How long
    • How frequent
    • Alternatives to private care
    • Pre-emptive Contact with Providers
  • Psychological disability (IME Needed)
    • Totally disabled
    • Partially disabled
    • Temporarily disabled
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