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Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson, Panelists Jay Blaisdell, Moderator

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Page 1: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Medical Outcomes are Worse for Workers’ Compensation Patients:

Why is This and What Can be Done About It?

Dr. James Talmage, John Peterson & Debbie Nelson, Panelists

Jay Blaisdell, Moderator

Page 2: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Tennessee Division of Workers’ Compensation 17th Annual Meeting

June 19, 2014

9 to 10 AMText 208599 and your Questions to 22333

Page 3: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Panelists• Debbie Nelson, RN

– Senior Account Manager, Comprehensive Health Services, at Nissan

• John Peterson– United Steel Workers Union– Employee at Bridgestone/Firestone, Lavergne

• James B. Talmage MD– Private Practice, Occupational Health Center,

Cookeville– Assistant Medical Director, Tennessee Division of

Workers’ Compensation

Text 208599 and your Questions to 22333

Page 4: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Questions ?James B. Talmage MD,

Occupational Health Center,

315 N. Washington Ave, Suite 165

Cookeville, TN 38501

Phone 931-526-1604 (Fax 526-7378)

[email protected]

[email protected] Text 208599 and your Questions to 22333

Page 5: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,
Page 6: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

James B. Talmage MDAdjunct Associate Professor

Division of Occupational Medicine– Department of Family and Community

Medicine

Meharry Medical College, Nashville, TN

Page 7: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

7 7

AMA Publications

• AMA Press: 1-800-621-8355 or • www.amapress.com

Page 8: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

AMA Publications

Page 9: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

2005 & 2011• 2nd Edition

• I receive royalties

Page 10: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

AMA Press: Royaltieswww.ama-assn.org

FINANCIAL CONFLICT OF INTEREST

No role

Page 11: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

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Paid Consultant• Federal Motor Carrier Safety Administration

– Physician Work Group– National Registry Certified Medical Examiner

• Item Writing Group and Test Development Group

– Consultant on medical issues affecting commercial motor vehicle driver safety

Page 12: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Emergency Part/Full Time Job

• I was the TEMPORARY “Fill in” Medical Director, Tennessee Division of Workers’ Compensation: March to December 2013.

• Now part time Assistant Medical Director.

Page 13: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

www.mdguidelines.comI NO Longer Have a

FINANCIAL CONFLICT OF INTEREST

Page 14: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

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UNPAID CHAIR: Spine Committee• Legally presumed correct

treatment for workers’ compensation utilization review in California and Nevada.

• Low Back Chapter 2007– 366 pages– 1310 articles reviewed and

referenced.• Neck chapter 2011

– 332 pages– 895 articles reviewed and

referenced2007 14Text 208599 and your Questions to 22333

Page 15: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

The speaker is a Past President of

“The premiere society for the prevention and management of disability”

For more information, contact AADEP

@ 1-800-456-6095 or visit the website @ www.aadep.org

UNPAID Text 208599 and your Questions to 22333

Page 16: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Focus for the Next Hour

• Outcomes of treatment of common injuries– Same injury, same surgery, OUTCOMES are WORSE

when the surgery occurs in compensation settings compared to health insurance settings.

– Outcomes include objectively measurable factors like joint motion, infection after surgery, etc. These are NOT different.

– Outcomes include “other factors” like pain, narcotic use, return to work rates, etc. • These ARE DIFFERENT.

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Page 17: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

I Harris, et al.,JAMA 2005;

293 (13): 1644-1652

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Page 18: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

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JAMA 2005; 293: 1644-1652

Page 19: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

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Page 20: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Causation Decision Affects OutcomePublished since the Harris Meta-Analysis

Condition ReferenceTotal Knee Replacement J Arthroplasty 2004; 19 (3): 310-312

Total Knee Replacement J Can Chir 2005; 48 (2): 100-105

Cervical HNP The Spine J 2005; 5: 639-644

Lumbar HNP Spine 2006; 31 (26): 3061-3069

Multiple Trauma Med J Australia 2007; 187 (1): 14-17

Rotator Cuff Repair JBJS 2008; 90: 2105-2113

Carpal Tunnel Syndrome Occ Med 2008 doi:10.1093/occmed/kqn099

Lumbar HNP Spine 2009; 35 (1); 89-97

Lumbar HNP Spine 2009; 9: 193-203

Lumbar Fusion Spine 2010; 35 (19): 1812-1817

Lumbar Fusion Spine 2011; 36 (4): 320-331

Page 21: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

JAAOS 2013; 21 (2): 67-77K. I. Gruson et al

• Workers’ Compensation and Outcomes of Upper Extremity Surgery

• Clinical outcomes following upper extremity surgery among workers’ compensation patients have traditionally been found to be worse than those of non–workers’ compensation patients. In addition, workers’ compensation patients take significantly longer to return to their jobs, and they return to their pre-injury levels of employment at a lower overall rate. Text 208599 and your

Questions to 22333

Page 22: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

JAAOS 2013; 21 (2): 67-77

Page 23: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

REFERENCES• Misamore GW, JBJS 1995; 77(9):

1335-9• Namdari S, JBJS 2008; 90 (9): 1906-

13• Henn RF, JBJS 2008; 90 (10): 2105-

13• Balyk R, CORR 2008; 466 (12):

3025-33• Krishnan SG, Arthroscopy 2008; 24

(3): 324-8• Spangehl MJ, J Shoulder Elbow Surg

2002; 11 (2): 101-7• Connor PM, Orthopedics 2000; 23

(6): 549-54• Hawkins RJ, J Shoulder Elbow Surg

2001; 10 (3): 225-230• Nicholson GP, JBJS 2003; 85 (4):

682-9• Gartsman GM, JBJS 1990; 72 (2):

169-8023Text 208599 and your

Questions to 22333

Page 24: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

JAAOS 2013; 21 (2): 67-77

24

Am J Orthop 2005; 34 (3):122-6

J Hand Surg 2009; 34 (5): 849-57

J Plas Reconstr Aesthet Surg 2008; 61 (9): 1095-9

J Hand Surg 1999; 24 (3): 566-70

Page 25: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

JAAOS 2013; 21 (2): 67-77

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Page 26: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

JAAOS 2013; 21 (2): 67-7752. Duncan SF, A comparison of workers’ compensation patients and non-workers’ compensation patients undergoing endoscopic carpal tunnel release. Hand Surg 2010;15(2): 75-80.

53. Nagle DJ, Fischer TJ, Harris GD, et al: A multicenter prospective review of 640 endoscopic carpal tunnel releases using the transbursal and extrabursal chow techniques. Arthroscopy 1996;12(2): 139-143.

54. Higgs PE, Edwards D, Martin DS, Weeks PM: Carpal tunnel surgery outcomes in workers: Effect of workers’ compensation status. J Hand Surg Am 1995;20(3): 354-360.

55. al-Qattan MM, Factors associated with poor outcome following primary carpal tunnel release in non-diabetic patients. J Hand Surg Br 1994;19(5):622-625.

56. Atroshi I, Use of outcome instruments to compare workers’ compensation and non-workers’ compensation carpal tunnel syndrome. J Hand Surg Am 1997;22(5):882-888.

57. Shin AY, Disability outcomes in a worker’s compensation population: Surgical versus non-surgical treatment of carpal tunnel syndrome. Am J Orthop (Belle Mead NJ) 2000;29(3):179-184.

58. Bessette L, Prognostic value of a hand symptom diagram in surgery for carpal tunnel syndrome. J Rheumatol 1997;24(4):726-734.

59. Katz JN, Predictors of return to work following carpal tunnel release. Am J Ind Med 1997;31(1):85-91.

60. Olney JR, Contested claims in carpal tunnel surgery: Outcome study of worker’s compensation factors. Iowa Orthop J 1999;19:111-121.

61. Filan SL, The effect of workers’ or third-party compensation on return to work after hand surgery. Med J Aust 1996;165(2):80-82.

Page 27: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Are Workers’ Compensation Patients BAD People?

• Are they motivated only by money to exaggerate and get a FINANCIAL reward?

27Text 208599 and your Questions to 22333

Page 28: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Malingering and Fraud?

• Malingering and Fraud, desire for financial reward, exist, but are relatively UNCOMMON

• The MUCH BIGGER Problem in terms of number of injured workers and cost (human cost and financial cost) to the “system” are the workers who are not malingering, but who have sub-optimal outcomes based on pain, willingness to work, etc.

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Page 29: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Are Workers’ Compensation Patients BAD People?

1. Someone else puts a scratch on your car while it is parked in a shopping center.

2. YOU put a scratch on your own car backing up into a pole in a parking lot.

OR, Are WE just like them in many ways ???Text 208599 and your Questions to 22333

Page 30: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Questionnaire: PCSPain Catastrophizing Scale

• Sullivan MJ, Bishop LS. The pain catastrophizing scale: development and validation. – Psychol Assess. 1995;7:524-32.http://sullivan-painresearch.mcgill.ca/pdf/pcs/PCSManual_English.pdf

13 questions

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Page 31: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

PCS

Page 32: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

One of MANY Published Studies on Catastrophizing

• Kim, HJ et al. Influence of Educational Attainment on Pain Intensity and Disability in Patients with Lumbar Spinal Stenosis. Spine 2014; 39 (10): E637-44– Seoul National University College of Medicine, Korea– 155 patients with lumbar spinal stenosis, equal mix of elementary,

junior high, senior high, and college educated folks

– Older folks (most 52-77), with PCS 12-38. – Conclusion. This study demonstrated that lower

educational attainment was associated with increased pain intensity and disability in patients with LSS, which was mediated by the coping mechanism, catastrophizing. Text 208599 and your

Questions to 22333

Page 33: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,
Page 34: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

AngerYet Another Factor in OUTCOMES

Page 35: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Perceived InjusticeThe IEQ (Injustice Experience Questionnaire)

• High IEQ score (> 20) correlates with:– Delayed recovery– Low Return to Work rate– Pain severity– Sullivan MJ, et al. The Role of Perceived Injustice in the

Experience of Chronic Pain and Disability: Scale Development and Validation. J Occ Rehab 2008; 18 (3): 249-61

• Anger mediates the relationship between Perceived Injustice and Poor Outcomes– Scott W, et al. Anger differentially mediates the

relationship between perceived injustice and chronic pain outcomes. Pain 2013; 154: 1691-98.

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Page 36: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

IEQ• 12

QUESTIONS• Rated 0-4 by

the patient• > 20 is high

or “at risk”

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Page 37: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Gordon Waddell MD

37

Page 38: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

WADDELLPAIN 1992; 52:

157-168

•Physical Activity Scale score is sum of # 2,3, 4, & 5.

•Work Scale is sum of # 6, 7, 9, 10, 11, 12, & 15.

FEAR – Avoidance Belief Questionnaire

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Page 39: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Tampa Kinesiophobia

Scale• Measures the

concept, or Patient BELIEF that “Pain MEANS Harm/Injury IS Occurring as I do things”

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Page 40: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Flawed Causation AnalysisLeads to Sub-Optimal Outcomes

• DOCTOR: – “You INJURED your ___ (shoulder, back, etc.)

lifting a 3 pound box at work.”– “Now it is time to go back to work and lift a

lot of 3 pound boxes.”

• PATIENT:– “I BELIEVE IF I Have Pain doing activity,

I MUST be INJURING Myself.”

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Page 41: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Medical/Psychological Explanations for Sub-Optimal Treatment Outcomes1. Catastrophizing

• Making mountains of molehills?• Or unaddressed FEAR that this injury will

permanently end working in this career ??

2. Anger over circumstances of Injury3. Fear Avoidance Beliefs

• Fear that Pain with activity means Harm or Additional Injury

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Page 42: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Today’s Job for the Panel AND the AUDIENCE

• What factors contribute to sub-optimal outcomes in TENNESSEE workers’ compensation patients?

• What can we CHANGE to improve OUTCOMES?– Legislation, Rules– Employer Practices– Employee Education– Physician behavior Text 208599 and your

Questions to 22333

Page 43: Medical Outcomes are Worse for Workers’ Compensation Patients: Why is This and What Can be Done About It? Dr. James Talmage, John Peterson & Debbie Nelson,

Thank You for Your Attention