tag:blogger.com,1999:blog-8489363879633129568.post3606930547256332694..comments2023-11-13T11:54:56.769-08:00Comments on DePaolo's World: Apportionment FrustrationsAnonymoushttp://www.blogger.com/profile/02446191842560064784noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8489363879633129568.post-12831607057811267282013-07-18T04:41:29.455-07:002013-07-18T04:41:29.455-07:00I don't agree Terry - I don't think that t...I don't agree Terry - I don't think that the PFT would a) be admissible for the purposes of proving apportionment, and if it was b) it would not be substantial evidence of pre-existing disability.Anonymoushttps://www.blogger.com/profile/02446191842560064784noreply@blogger.comtag:blogger.com,1999:blog-8489363879633129568.post-7644784773087513912013-07-17T07:20:45.895-07:002013-07-17T07:20:45.895-07:00There are some recent threads in this or perhaps s...There are some recent threads in this or perhaps some other related forums regarding pre-employment functional testing. I believe the documented evidence for the benefit of pre-employment functional testing is very clear, despite many of the comments; however, if there were only one reason for doing pre-employment functional testing A VERY VALUABLE reason would be to objectively identify current pre-hire musculoskeletal status or "baseline" data specifically to mitigate (apportion)potential future liability for pre-existing functional limitations. In other words, if you have specific objective measurments of an employee's pre-employment musculoskeletal status, you have the best available information to mitigate future objectively measured post-injury limitations or "disability." You can objectively compare post-injury data with pre-employment status and have resulting objective measurement of the difference or "what the injury caused." It does work, has worked, and will continue to work; but you have to have the pre-employment status and a procedure to get this information into the legal record. And there's only one way to get it...start with pre-employment functional evaluation WITH complete musculoskeletal evaluation and get your HR, risk, and legal team to set up proper procedures to make proper use of that data. Nothing impresses more than pure objective data. Example: "The claimant's pre-employment lumbar flexion range of motion (by inclinometry as required by AMA Guides) was 45 degrees. (60 degrees is considered normal). The claimant's post-injury MMI lumbar flexion was 30 degrees. The employer might be responsible for 15 degrees of lost lumbar flexion (25%) NOT 30 degrees (50%). That's a BIG difference in "disability" and cost savings!TLhttps://www.blogger.com/profile/05875870244506653633noreply@blogger.com