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Catastrophic Application/Rebuttal and
Pre/Post 104 Disability Assessment/Rebuttal Services
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Dr. Salmon’s unique methodology to address evolving case law
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Desbiens & Related Case Evolution: Directing... CAT Ratings
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Review of Pain Disorder re. Evolving Case Law
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CAT Panel Recommendations (2011) which under government consideration
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Co-Leaders, CAT Team
Drs. Salmon and Guerriero co-lead a highly trained and
experienced group of medical and clinical support experts performing
multi-disciplinary CAT assessments in collaboration with
RTW
Integrated Health Management.
Dr. J. Douglas Salmon, Jr. [
click for CV] has been providing Catastrophic
determination assessments from the outset of the CAT entitlement
process. He was the Chair of the original Minister of Finance’s CAT
DAC Mental/Behaviour Subcommittee and member of the Glasgow Outcome
Scale Subcommittee, with activities including development of the
original CAT clinical guidelines in these spheres and development
and training of all CAT DAC OTs throughout the province. He was
subsequently a consultant to the Minister’s DAC Committee on
specific CAT matters. He is a senior faculty member with the only
university based AMA Guides/Catastrophic Impairment Certification &
Training program in Ontario (CMCC/CSCE); in this capacity, he has
trained hundreds of medical and allied health professionals in the
brain injury, mental/behavioural and Desbiens CAT rating protocols.
Dr. Salmon is on the Board of Directors for the Alliance for
Community Medical and Rehabilitation and Co-chairs the
organization’s Standards & Guidelines Committee and is a member of a
similar committee for the Canadian Association of Psychologists in
Disability Assessment. He had previously been the Associate Canadian
Vice President/Ontario Vice President, Association for Scientific
Advancement in Psychological Injury and Law since its inception.
Dr. Rocco Guerriero is a registered chiropractor with a fellowship
designation in Chiropractic Sports Sciences, Rehabilitation Sciences
and Chiropractic Orthopedics. He is an associate professor at the
Canadian Memorial Chiropractic College (CMCC) with over 20 years of
chiropractic teaching experience. He is the president of the North
York Rehabilitation Centre and was a chiropractic consultant at UHN
Rehab Solutions, Bloorview MacMillan Children’s Centre and St.
Michael’s Brain Injury Assessment Centre. He is one of the founders
and past-president of the Association of Designated Assessment
Centres, was the Past President of the Canadian Society of
Chiropractic Evaluators, and is currently president of the College
of Chiropractic Orthopedics (Canada). Dr. Guerriero was on the
Pre-approved Framework working group, designing new PAF guidelines
and was on the Superintendent's RISC committee overseeing the new
SABS and its implementation on September 1, 2010. He is currently
the President of the Association of Independent Assessment Centres (AIAC)
and is certified in the AMA Guides impairment rating (4th and 5th
editions) with training in the 6th edition also. He is the
Coordinator and a senior lecturer of the CMCC/CSCE certification
program on AMA Guides, 4th edition and Catastrophic Impairment. Dr.
Guerriero was on both working groups in the development of the CAT
DAC assessment guidelines. He was also was on the Whistler Medical
Team for the VANOC 2010 Winter Olympic Games.
Catastrophic Impairment
Applications (OCF 19)
On the basis of a comprehensive file analysis, a detailed charting
of the recognized diagnoses and impairments to date is prepared. The
file analysis concludes with identifying the specific expert team of
medical/mental health practitioners and clinical support staff
required to address each of the noted diagnoses/impairments that
will be considered for the Catastrophic Impairment Analysis.
Typically assessment protocols are delivered in a staged
cost-effective manner. An OCF 18 for multi-disciplinary CAT
determination assessment is then submitted along with the supporting
file analysis report. In accordance with the Sept/10 SABS, an OCF 19
Catastrophic Application is then submitted by a medical specialist
or neuropsychologist depending upon the specific CAT criteria met.
The CAT ratings always include consideration of the Desbiens case
law of combining psychological and physical impairments and utilize
Dr. Salmon’s
unique methodology to address evolving case law. Given that CAT
rebuttals are no longer insurer funded, the OCF 18 based
multi-disciplinary assessment is the best opportunity for
comprehensive non-IE evaluation.
Catastrophic Impairment
IE Review & Challenge
In conjunction with
RTW Integrated Health Management,
this service provides state of the art specialty medical,
neuro/psychological and/or OT functional assessment towards
addressing MVA Catastrophic Impairment entitlement. The
process commences with a careful review of the CAT IE Report
to identify clinical and/or methodological errors in the
report including but not limited to the following issues:
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Improper or
insufficient assessors
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Impairments
which were omitted from the total rating
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Inappropriate
rating methodologies and protocols
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Inappropriate
application of the AMA Guides
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Incorrect
diagnoses
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Lack of
empirical basis for conclusions (especially psychiatry whereby
rarely are psycho-diagnostic or cognitive measures utilized to
support opinion)
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Inconsistencies between IE opinions within the IE
multi-disciplinary report
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Failure of
diagnostic assessors to integrate functional findings of OTs
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Failure to
utilize best practices, state of the art methodology for OT
In-Home Assessment to provide evidence base for the Mental/Behavioural
ratings
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Failure to
utilize a Situational Work Assessment to provide evidence base
for the Adaptation domain rating
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Failure to
provide a Desbiens rating at all
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Failure to
provide Desbiens rating that is consistent with that directed in
the case law (e.g. the California method has not been supported)
Upon identifying
the weaknesses of the CAT IE report, a cost-conscious staged
approach is utilized to provide a report which challenges the IE
assessment on the basis of evidence based assessment(s). The CAT
ratings always include consideration of the Desbiens case law of
combining psychological and physical impairments and utilize
Dr. Salmon’s
unique methodology to address evolving case law. Moreover,
highly rigorous objective testing is employed to measure actual
shortfalls in independent functioning (including parental
responsibilities and daily financial independence) relative to the
requirements of the Glasgow Outcome scale. Additionally, when
indicated specialty medical investigations (e.g. EMG, specialized
radiological investigations) may be utilized to assure maximal
rating considerations.
Pre and Post 104
Week Income Replacement Assessments/ IE Review & Challenge
In conjunction with
RTW Integrated Health Management, this service
consists of a
multi-day situational work assessment to provide an evidence
based disability assessment to evaluate the client’s capacity to
sustain attention/concentration, work activity pace, persistence,
productivity and stamina at a competitive level in
consideration of presenting cognitive, emotional,
social-interactional and/or physical impairments in the context of
work demands across these same domains. Standardized work
samples and simulated work activities form the basis of the
evaluations. The following two disability criteria may be distinctly
evaluated using this methodology:
(a) the “own occupation” (pre-2 year) disability status is evaluated
by considering the client’s capacity to perform pre-condition
essential job tasks at a competitive employment level. The
evaluation may be used as an initial assessment or as a rebuttal to
an insurer examination.
(b) the “any occupation” (Post 104 week/2 year) disability status is
evaluated by considering the client’s capacity to perform
occupations previously selected as being suited by reason of
“education, training or experience” at a competitive employment
level. The evaluation may be used as an initial assessment or as
a rebuttal to an insurer examination.
If used as a rebuttal to an insurer examination (IE), the assessment
considers whether the IE selected appropriate occupations for the
individual, and whether the IE considered the case law requirements
of “commensurate remuneration” and “commensurate socioeconomic
status” in rejecting the client’s Post 104 week eligibility. It also
provides a multi-day situational work assessment to ascertain the
individual’s actual competitive employability on a full
time basis as required of the Post 104 case law, but typically
ignored in Post-104 Week Disability IE assessments. |