Why You Need an Attorney to Attend Your PPD Evaluation
Flying solo to the PPD evaluation in your Nevada workers’ compensation case? That might not be a good idea. I attend every PPD rating with my clients, and here are four reasons why.
- Confirming the Doctor Performs the Evaluation Correctly
If I am not at the rating evaluation, I cannot confirm that the doctor performed it correctly.
Nevada uses the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, for rating evaluations. It is a large text, including, 18 chapters and hundreds of pages of illustrations, tables, and examples covering most injuries a worker might sustain. I have spent over 15 years studying the Guides and have seen them applied in thousands of cases. Most doctors know the Guides and perform the evaluation correctly. However, there is some leeway in what can and cannot be done during these evaluations, and I have seen doctors cut corners, skip a thorough examination, or even state in a report that they performed a test they never actually did. That is usually a clerical mistake from a report template rather than a doctor fabricating results. But the fact remains: if I do not personally observe the evaluation and confirm what was and was not done, I cannot accurately review the report or know whether the rating needs to be repeated with a different doctor because something was missed.
- Confirming the Measurements
During a rating, the doctor takes multiple measurements, such as angles for range of motion. I actively observe and write down every measurement as my client is examined. However, devices sometimes malfunction and doctors sometimes transpose measurements between different ranges of motion. I have caught this on several occasions. I have also found doctors failing to correctly identify reflex issues, sensory deficits, and muscle guarding or spasms. Any one of these errors can have a dramatic impact on my client’s final award. I always compare my notes against the PPD rating report to confirm the findings are consistent with what I observed. If I find inconsistencies, I appeal the award and push for a second evaluation with a different rating physician.
- Making Sure the Doctor Has a Complete Record
In more than half of the ratings I attend, the doctor does not have a complete medical file from the insurer. A quarter of the time, the doctor has no records at all. When I attend a rating, I bring a laptop containing a complete set of my client’s records. I often print key records such as MRI findings or surgical operative reports and bring them to the appointment. I can also email missing records to the doctor during the evaluation itself. This can drastically change the outcome of the award. It also saves time: many rating physicians will not finalize their report until they receive all of the records from the insurer, which can take additional weeks or even months.
- Supporting My Client
A PPD evaluation can be a difficult and emotional experience. The rating physician puts my client through a series of tests that objectively measure the function they have lost because of their injury. Depending on the injury, the doctor may also ask probing questions about its psychiatric toll, such as in PTSD cases. Being there for my clients through this process is important to me, and many clients have thanked me for sitting with them and answering their questions as they came up.
The Bottom Line
For many injured workers, the PPD rating determines the single largest part of their recovery. A transposed measurement, a skipped test, or a missing operative report can cost you thousands of dollars, and if no one in the room knows the AMA Guides, you may never know it happened. That is why I attend every PPD evaluation in person, from the first handshake to the final measurement. If you have a PPD evaluation coming up in your Nevada workers’ compensation case, don’t go alone. Contact Askeroth Law Group before your appointment.