Current through Register Vol. 50, No. 9, September 20, 2024
A.
The principles summarized in this section are key to the intended
implementation of all Office of Workers' Compensation medical treatment
guidelines and critical to the reader's application of the guidelines in this
document.
1. Application of Guidelines. The
OWCA provides procedures to implement medical treatment guidelines and to
foster communication to resolve disputes among the provider, payer, and patient
through the Office of Worker's' Compensation Act.
2. Education. Education of the patient and
family, as well as the employer, insurer, policy makers and the community
should be the primary emphasis in the treatment of workers' compensation
injuries. Currently, practitioners often think of education last, after
medications, manual therapy, and surgery. Practitioners must implement
strategies to educate patients, employers, insurance systems, policy makers,
and the community as a whole. An education-based paradigm should always start
with inexpensive communication providing reassuring and evidence-based
information to the patient. More in-depth education is currently a component of
treatment regimens which employ functional, restorative, preventive and
rehabilitative programs. No treatment plan is complete without addressing
issues of individual and/or group patient education as a means of facilitating
self-management of symptoms and prevention. Facilitation through language
interpretation, when necessary, is a priority and part of the medical care
treatment protocol.
3. Informed
Decision Making. Providers should implement informed decision making as a
crucial element of a successful treatment plan. Patients, with the assistance
of their health care practitioner, should identify their personal and
professional functional goals of treatment at the first visit when a workers'
compensation injury allows functional improvement. Progress towards the
individual's identified functional goals should be addressed by all members of
the health care team at subsequent visits and throughout the established
treatment plan when a chronic pain condition allows attainment of functional
goals. Injured workers may not reach functional goals to return to work and
therefore they will require a significantly different plan. Nurse case
managers, physical therapists, and other members of the health care team play
an integral role in informed decision-making and achievement of functional
goals. Patient education and informed decision-making should facilitate
self-management of symptoms and prevention of further injury.
4. Treatment Parameter Duration. Time frames
for specific interventions commence once treatments have been initiated, not on
the date of injury. Obviously, duration will be impacted by patient adherence,
as well as availability of services. Clinical judgment may substantiate the
need to accelerate or decelerate the time frames discussed in this document.
Such deviation shall be in accordance with La.
R.S.
23:1203.1.
5. Active interventions emphasizing patient
responsibility, such as therapeutic exercise and/or functional treatment, are
generally emphasized over passive modalities, especially as treatment
progresses. Generally, passive interventions are viewed as a means to
facilitate progress in an active rehabilitation program with concomitant
attainment of objective functional gains.
6. Active Therapeutic Exercise Program.
Exercise program goals should incorporate patient strength, endurance,
flexibility, coordination, and education. This includes functional application
in vocational or community settings.
7. Positive Patient Response. Positive
results are defined primarily as functional gains that can be objectively
measured.
a. Objective functional gains
include, but are not limited to, positional tolerances, range-of-motion (ROM),
strength, and endurance, activities of daily living, ability to function at
work, cognition, psychological behavior, and efficiency/velocity measures that
can be quantified. Subjective reports of pain and function should be considered
and given relative weight when the pain has anatomic and physiologic
correlation. Anatomic correlation must be based on objective
findings.
8.
Re-Evaluation of Treatment Every Three to Four Weeks. If a given treatment or
modality is not producing positive results within three to four weeks, the
treatment should be either modified or discontinued. Reconsideration of
diagnosis should also occur in the event of poor response to a seemingly
rational intervention.
9. Surgical
Interventions. Surgery should be contemplated within the context of expected
functional outcome and not purely for the purpose of pain relief. The concept
of "cure" with respect to surgical treatment by itself is generally a misnomer.
All operative interventions must be based upon positive correlation of clinical
findings, clinical course, and diagnostic tests. A comprehensive assimilation
of these factors must lead to a specific diagnosis with positive identification
of pathologic conditions.
10.
Pharmacy-Louisiana Law and Regulation. All prescribing will be done in
accordance with the laws of the state of Louisiana as they pertain respectively
to each individual licensee, including, but not limited to: Louisiana State
Board of Medical Examiners regulations governing medications used in the
treatment of non-cancer-related chronic or intractable pain; Louisiana Board of
Pharmacy Prescription Monitoring Program; Louisiana Department of Health and
Hospitals licensing and certification standards for pain management clinics;
other laws and regulations affecting the prescribing and dispensing of
medications in the state of Louisiana.
11. Six Month-Time Frame. Injuries resulting
in temporary total disability require maintenance treatment and may not attain
return to work in six months.
12.
Return to Work. Return to work is therapeutic, assuming the work is not likely
to aggravate the basic problem or increase long-term pain. An injured worker's
return-to-work status shall not be the sole cause to deny reasonable and
medically necessary treatment under these guidelines. Two good practices are:
early contact with injured workers and provide modified work positions for
short-term injuries. The practitioner must may provide specific physical
limitations and the patient should never be released to non-specific and vague
descriptions such as "sedentary" or "light duty." The following physical
limitations should be considered and modified as recommended: lifting, pushing,
pulling, crouching, walking, using stairs, bending at the waist, awkward and/or
sustained postures, tolerance for sitting or standing, hot and cold
environments, data entry and other repetitive motion tasks, sustained grip,
tool usage and vibration factors. Even if there is residual chronic pain,
return-to-work is not necessarily contraindicated. The practitioner should
understand all of the physical demands of the patient's job position before
returning the patient to full duty and should request clarification of the
patient's job duties. Clarification should be obtained from the employer or, if
necessary, from including, but not limited to, occupational health nurse,
physical therapist, occupational therapist, vocational rehabilitation
specialist, or an industrial hygienist chiropractor or another professional.
American Medical Association clarifies "disability" as "activity limitations
and/or participation restrictions in an individual with a health condition,
disorder or disease" versus "impairment" as "a significant deviation, loss, or
loss of use of any body structure or body function in an individual with a
health condition, disorder or disease".
13. Delayed Recovery. Within the discretion
of the treating physician, strongly consider a psychological evaluation, if not
previously provided, as well as initiating interdisciplinary rehabilitation
treatment and vocational goal setting, for those patients who are failing to
make expected progress 6 to 12 weeks after initiation of treatment of an
injury. The OWCA recognizes that 3 to 10 percent of all industrially injured
patients will not recover within the timelines outlined in this document
despite optimal care. Such individuals may require treatments beyond the limits
discussed within this document, but such treatment requires clear documentation
by the authorized treating practitioner focusing on objective functional gains
afforded by further treatment and impact upon prognosis.
14. Guideline Recommendations and Inclusion
of Medical Evidence. Guidelines are recommendations based on available evidence
and/or consensus recommendations. When possible, guideline recommendations will
note the level of evidence supporting the treatment recommendation. When
interpreting medical evidence statements in the guideline, the following apply
to the strength of recommendation.
Strong
|
Level 1 Evidence
|
We Recommend
|
Moderate
|
Level 2 and Level 3
Evidence
|
We Suggest
|
Weak
|
Level 4 Evidence
|
Treatment is an Option
|
Inconclusive
|
Evidence is Either Insufficient of
Conflicting
|
a. Consensus
guidelines are generated by a professional organization that the guidelines are
intended to serve. A committee of specialists and experts are selected by the
organization to create an unbiased, vetted recommendation for the treatment of
specific issues within the realm of their expertise. All recommendations in the
guideline are considered to represent reasonable care in appropriately selected
cases, regardless of the level of evidence or consensus statement attached to
it. Those procedures considered inappropriate, unreasonable, or unnecessary are
designated in the guideline as "not recommended."
15. Treatment of Pre-Existing Conditions The
conditions that preexisted the work injury/disease will need to be managed
under two circumstances:
a. a pre-existing
condition exacerbated by a work injury/disease should be treated until the
patient has returned to their objectively verified prior level of functioning
or Maximum Medical Improvement (MMI); and
b. a pre-existing condition not directly
caused by a work injury/disease but which may prevent recovery from that injury
should be treated until its objectively verified negative impact has been
controlled. The focus of treatment should remain on the work
injury/disease.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
23:1203.1.