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Chronic pain workers comp claims increasing for employers

Early intervention, predictive modeling help curb claims

September 11, 2011 – 6:00am

Chronic pain is an infrequent but growing aspect of workers compensation claims, but employers need concrete programs with measurable outcomes to respond to and reduce those types of injuries.

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Dr. Gary Franklin, medical director for the Department of Labor and Industries in Washington state, which administers the state-run workers compensation insurance fund, said experiencing chronic pain is equivalent to becoming disabled.

From his experience, “everyone who remains in the system (after five months) is disabled,” he said. “If you are not putting most of your effort” into preventing an injury from developing into chronic pain and therefore long-term disability, “you’ve lost the ballgame.”

In March, Washington state’s governor signed legislation into law to further establish medical homes to treat injured workers according to the state’s best practices, and support monitoring patients for their entire recovery period.

Chronic pain is not defined precisely.

Dr. David Deitz, vp-national medical director for Liberty Mutual Insurance Co. in Boston, defines the situation as “any injury in which pain is as important as the disease and (the duration) is beyond the normal course of the injury.”

According to the Institute of Medicine, chronic pain affects more than 116 million U.S. residents—more than heart disease, cancer and diabetes combined—and costs up to $635 billion a year in medical treatment and lost productivity.

Some people view pain as something “to work through,” while others find it “difficult to maintain a positive attitude,” Dr. Deitz said. Treatment depends on the individual patient’s needs, but may include orthopedic, neurological, rehabilitative and psychological professionals.

A rise in claims involving chronic pain “coincides with an increase in the aging workforce,” who are more likely to have other conditions or diseases, said Steven Iler, president of domestic primary claims at Chartis Claims Inc. in New York.

To prevent an injury from becoming a chronic pain claim, early intervention is required, said Maureen McCarthy, senior vp of workers compensation claims and managed care at Liberty Mutual.

Ms. McCarthy said the predictive modeling that Liberty Mutual launched in June “helps identify soft-tissue small kinds of claims that have the likelihood of escalating into high-cost claims. There’s a disproportionate percentage of very simple soft-tissue claims that can become very serious,” she said.

The model uses factors such as smoking, early treatment with narcotics and doctor shopping to flag claims that have the potential to escalate.

A predictive model also has been undertaken by grocery retailer Ahold USA Inc. in collaboration with its actuary, said Libby Christman, Ahold’s Carlisle, Pa.-based senior director of risk management. The unnamed actuary is building a model based on 10 years of the company’s workers comp data, Ms. Christman said. The grocery retailer expects the model, using factors about the claims and the incident, to create awareness of a claim’s potential severity within 30 days of the injury.

Red flags, said Chartis’ Mr. Iler, include patients with unrealistic expectations or those who are unwilling to cooperate, the absence of clear treatment goals, extended use of injected drugs or a doctor’s opinion that the patient is prolonging treatment for their symptoms.

The insurer’s peer-to-peer intervention with doctors has had a 40% success rate in getting them to stop prescribing narcotics outside of appropriate treatment guidelines, said Don Hurter, senior vp of medical management for Chartis in Orlando, Fla.

Messrs. Iler and Hurter said the proactive approach, which the company calls Pre Injury Management, encompasses educating employers to identify injured workers’ pain and to understand treatment goals to enable an early return to work. Other steps, including preparing job descriptions to facilitate a stepped approach to modified-duty jobs have resulted in yearly increases in the number of employees who return to work after 21 days and 60 days, Mr. Iler said.

Preinjury management at Ahold starts with physical evaluations for associates offered warehousing jobs to ensure they can handle the physical demands, Ms. Christman said. The risk management department also conducts ergonomic evaluations on new equipment, certain work-area designs and work processes. Other efforts include having safety specialists meet with employees who have minor pain to change how the worker does their job.

Washington state’s Dr. Franklin said there are several early steps to take when an injury occurs: Screen for disability risk, emphasize graduated exercise, get the patient back to work, track the doctor’s activity and coach the employee.

Employers must have a plan and communicate it to supervisors, said Tom Lynch, chief executive of consultant Lynch Ryan in Wellesley, Mass. Supervisors also must be trained to “treat the employee as if he or she is still valued,” he said.

A list of modified-duty jobs can be drafted by asking supervisors to list projects they would like to have done but don’t have time to complete, Mr. Lynch said. Tailor the list to accommodate different injuries. Have health care providers review it. Then monitor how well-suited the job is to the injury and the employee’s performance, he said.

Doctors must specify to employers an injured worker’s capability for light-duty or modified-duty work, said Kim Haugaard, vp medical units at Texas Mutual Insurance Co. in Austin. “Don’t let the employee sit home and focus on what’s causing them pain,” Mr. Haugaard said. “Show an interest in the employee. That really goes a long way.”

“An employer should be very clear about their return-to-work program with their insurer or third-party administrator and also with the health care providers,” said Ms. Christman. Her team often meets with health care providers to explain job modifications and build trust so doctors are not afraid to allow an employee to return to a modified-duty job.

Long-term usage

The most alarming problem that employers face is the long-term use of narcotics to treat an employee’s chronic pain.

Insurers are monitoring opiate prescriptions, watching for those that exceed 60 days and using peer-to-peer medical review to combat this problem.

“Sometimes when a doctor sees a patient’s drugs listed line item by line item, it’s a little shocking,” said Texas Mutual’s Mr. Haugaard. “The doctor may not realize that the patient has been on a drug for 11/2 years.” The insurer will encourage a step-down program to gradually reduce and eliminate an injured worker’s opiate prescriptions or pay for a detoxification program, if warranted.

Employers are doing the same. Oklahoma City-based Hobby Lobby Inc. has intensified a front-end monitoring program in conjunction with its TPA to be alert to instances where treatment of a minor soft-tissue injury has escalated to stronger medication at higher doses, said Fay Collier, assistant risk manager. They will discuss treatment approaches with the physician, sometimes bringing a nurse case manager on the team to communicate with the physician and injured worker and oversee treatment.

The craft and hobby retailer also recently began pharmacological reviews of longer-term claims for excessive narcotic use and other signs of ineffective or harmful treatment.

Employers also should, with their insurer’s help, establish a benchmark against which to measure performance of their post-injury plans. Mr. Lynch recommends charting loss costs per $100 of payroll for a specific job classification.

Chiropractors Push to Reverse New York’s Workers’ Comp Guidelines

New York chiropractors don’t like the new medical treatment guidelines adopted last December by the New York State Workers’ Compensation Board. These changes focus on the treatment for the mid- and low-back, neck, shoulder and knees. The state’s main chiropractic association is lobbying state lawmakers to reverse the new guidelines.

New York State Chiropractic Association President Bruce Silber told Insurance Journal that the guidelines mostly affect chiropractors and physical therapists. “But really, there was no input from these providers” when the workers’ comp board developed these rules, he said. These rules jeopardize insurance for thousands of workers and retirees, he argued.

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“They allow two-to-three months to get better. But in the event that people need longer treatments, there is now a great difficulty in getting additional treatments,” Silber said. “In the past, those with a chronic condition were allowed periodic treatments. But now, if you have a chronic, permanent problem, and if it’s not gonna’ get completely resolved, you cannot get a treatment.”

He said California, a state that had adopted similar guidelines, saw its overall cost of care go up. “They said it would reduce the cost of care but it actually went up because people now turn to more costly drugs and surgeries.”

Silber and New York State Chiropractic Association have been lobbying New York State legislators to address their concern. The State Assembly successfully passed a bill earlier this year that would have reversed the change, but it never came to a vote in the State Senate. Silber said lawmakers would reintroduce a similar measure in a future session

Objective Functional Improvement

But New York State Workers’ Compensation Board spokesman Brian Keegan defended the board’s guidelines. He told Insurance Journal that injured workers now receive care pursuant to clear, objective guidelines that are structured to produce improved medical outcomes. They establish “an evidence-based standard of care” that look for “objective functional improvement.”

“If a provider wants to continue care beyond the timeframes outlined in the guidelines, they must simply supply evidence that the care is necessary and is benefiting the patient,” Keegan said.

To date, medical providers have filed 78,178 valid variance requests and more than two-thirds of them were approved immediately by either the insurance carrier or the board, according to Keegan. “No requested service is denied if the provider can show objective evidence that a treatment medically benefits their patient,” he said.

The spokesman took issue with criticism from New York State Chiropractic Association. He said that especially for chiropractic care, the guidelines’ standard of looking for objective functional improvement is ‘exactly the same’ as that recommended by a recent consensus report of chiropractors published in their own journal, the Journal of Manipulative and Physiological Therapeutics.

The Business Council of New York State, a business organization, supports the new medical guidelines. “The Business Council supports evidence-based medicine and a system where the merits of the treatment matter,” said Communications Director Robert Lillpopp. He said New York was one of the last states to adopt impartial medical treatment guidelines, which reflect medical consensus on appropriate and effective care for injured workers.

“These guidelines were developed by a team of medical professionals. The AFL-CIO and The Business Council both supported this approach to ensure injured workers receive medical treatment backed up by solid medical evidence on its effectiveness,” Lillpopp said.

The Business Council charged that a legislative effort to reverse these guidelines is “being pushed largely by a single sector of medical providers — chiropractors — whose services and income are now subject to evidence-based limits for major categories of injuries.”

U.S. Commercial-Insurance Prices Rise 1.5% in Second Quarter

By Noah Buhayar

Sept. 13 (Bloomberg) — U.S. commercial-insurance prices rose 1.5 percent in the second quarter from a year earlier and may keep climbing, according to a survey by consulting firm Towers Watson & Co.

Rates increased for all standard lines of coverage, including workers’ compensation and property, for the first time since the fourth quarter of 2003, New York-based Towers Watson said today in a statement. Gains were biggest on policies for midsized and large companies, the firm said.

Commercial insurers such as Travelers Cos., Chubb Corp. and American International Group Inc. faced claims this year from catastrophes. The March earthquake in Japan and second-quarter tornadoes in the U.S. contributed to more than $70 billion in losses during the first half. Carriers may benefit if rates continue to rise, eclipsing claims costs, said Bruce Fell, managing director of Towers Watson’s property and casualty practice in the Americas.

“What’s really a good sign is that we saw consistency across almost every line,” Fell said in a phone interview. “If this holds for the next few quarters, then I think it’s a really good, strong sign that discipline” has returned, he said.

The Towers Watson data is based on a survey of prices for new and renewal coverage reported by 38 insurance companies, representing about 20 percent of the commercial insurance market, the company said in the statement.

–Editors: Dan Reichl, Russell Ward

To contact the reporter on this story: Noah Buhayar in New York at nbuhayar@bloomberg.net

To contact the editor responsible for this story: Dan Kraut at dkraut2@bloomberg.net

9/11 responders live with injuries, illnesses sustained at Ground Zero

The stabbing pain in Robert Reeg’s chest every day is a relentless reminder of Sept. 11, 2001.

The retired New York City firefighter from Stony Point was seriously injured in the collapse of the South Tower at the World Trade Center.

“If I close my eyes, I can picture it,” the now 59-year-old recalled.

Reeg, a firefighter with Engine 44 in the Bronx, was reaching for equipment in a truck when he saw the top of the building start to crumble.

“It looked like a mushroom coming down,” he said. “As I saw it coming, I started running the other way. I got some distance, and then parts of the building were rocketing past me like they were shot out of a cannon.”

Hurtling steel slammed into his back and head, knocking him to the ground as he was buried in rubble.

When the tsunami of debris stopped, all he could hear was a chorus of beeping PASS alarms, devices firefighters wear that go off if they aren’t moving.

Barely able to breathe or see in the thick cloud of dust, he crawled on the ground and managed to climb into a police car, where he was found by police officers.

But his ordeal wasn’t over. The ambulance taking him to the hospital narrowly dodged the North Tower collapse and hit a bus before Reeg finally reached the former St. Vincent’s Hospital in Greenwich Village. He was then transferred to Montefiore Hospital in the Bronx and needed surgery for six broken ribs, a collapsed lung and blood in the membranes around his lungs. He had also developed a staph infection.

Reeg, a father of two daughters, spent nearly a month in the hospital and was shocked to learn how many friends he lost.

“A lot of times it’s the luck of the draw,” he said. “You ran one way, you made it; you ran another way, and you didn’t.”

Reeg tried to go back to work, but had to retire in 2003. Doctors have to monitor scar tissue in his lungs that’s around the concrete and glass still lodged there. Today he suffers from nerve damage, back and chest pain and asthma attacks.

“I don’t like to make a big deal of it,” he said. “A lot of people have pain. I just put up with it.”

Quiet Changes To New York Workers Comp Rules Leave Out Those With Chronic Pain

BY Celeste Katz

A little-noticed policy change at the state Workers’ Compensation Board is jeopardizing insurance for thousands of workers and retirees with long-term medical problems.

scaffold collapse.jpgOur Glenn Blain reports:

New treatment guidelines quietly enacted by the board late last year limit coverage to therapies that yield “functional improvement” in patients – leaving out people with chronic pain conditions, say labor leaders and caregivers.

“They basically tried to throw out all injured workers with chronic conditions,” said Bruce Silber, president of the New York State Chiropractic Association, which has been lobbying lawmakers to intervene.

“They give them approximately two to three months to get better.”

The board has applied the guidelines to new cases and existing patients in the system, including those who had been receiving treatment for years, Silber added.

“It’s a travesty,” said Jim Beamish, a retired Verizon worker from Massapequa Park, L.I., whose chiropractor dropped him after 13 years of treatment because of the new policy.

“They just make you feel like you are almost a criminal to try and get care,” added Beamish, who still suffers neck pain from a 1998 fall.

Workers’ Compensation Board officials and members of the state Business Council – which supported the changes – defended the new policy as an”evidence-based” system that ensures workers receive care quickly.

“In the past, there was no objective and consistent standard for determining whether the care was effective, which can lead to potential fraud, delay and mismanagement of the system,” said board spokesman Brian Keegan.

Keegan said people denied coverage can appeal for a variance so long as they can show “objective evidence that a treatment medically benefits their patient.”

Keegan said 78,178 variance requests have been filed, and more than two-thirds were approved.

Critics, including the powerful AFL-CIO, said the variance process is cumbersome and difficult to navigate.

“The agency now views itself asthe protector of insurers and employers,” said Robert Grey, a lawyer who specializes in workers’ compensation cases. “Clearly, someone thinks cutting off medical treatment will save money for employers and insurance companies.”

Legislation that would have stopped the board from applying its new guidelines retroactively was approved by the Assembly this spring but stalled in the GOP-controlled Senate.

The bill faced stiff opposition from the Business Council.

“You just don’t do something forever just because you feel like it,” said the Business Council’s Maggie Moree. “You have to have evidence.”

Upstate Republican Sen. George Maziarz, the bill’s sponsor, said he’s pressing to have the Senate take up the measure at a yet-to-be-called session this fall – or in January.

“People are being denied care that is inexpensive and that I think helps them,” Maziarz said.

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