Want to know what questions the Defense Base Act Carrier asked the psychological defense medical examiner to answer after your evaluation? Here is a list of the typical questions (which I am quoting):
- Within a reasonable degree of medical certainty and probability, is there substantive, reliable data to support that Claimant suffers from a mental illness? If so, please elaborate as to Claimant’s mental health condition.
- Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant’s mental health condition, if any, was caused, aggravated, or accelerated by his employment with Employer?
- Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant suffers from any pre-existing (before the reported work-related incident) mental health conditions that contribute to his current condition? If so, please elaborate.
- Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant has reached Maximum Medical Improvement (MMI) from a mental health standpoint?
- If it is your opinion, within a reasonable degree of medical certainty and probability, that Claimant has not reached MMI, are there any non-work related barriers for Claimant’s current mental health condition? Please indicate by when you anticipate Claimant will reach MMI and what additional treatment is needed to reach MMI?
- Is it your opinion, within a reasonable degree of medical certainty and probability, that there is reliable evidence to conclude Claimant is capable of performing the material and substantial duties of his occupation?
- If it is your opinion that there is reliable evidence to support Claimant is currently impaired occupationally, please provide an estimate for what you would consider a reasonable period of time before he is capable of attempting to return to work whether it be on a part-time basis and on a full-time basis.
- If you find that Claimant is restricted or limited from performing occupational duties, please describe these limitations in detail.
- Please offer specific details of what Claimant could and could not do relative to his occupation.
- Please offer specific details of what Claimant could and could not do relative to any occupation for which he has reasonable skills, education and experience.
- If you believe that at one time there was a mental illness which caused occupational impairment, but the condition has improved and is no longer of impairing proportion, then 1) provide data to support the change in condition, and 2) explain the reasons for the current report of occupational impairment.
- Is it your opinion, within a reasonable degree of medical certainty and probability, that motivation appears to be a significant barrier to Claimant returning to work?
- If motivation is an issue, then does motivation appear to be significantly affected by Claimant’s mental health condition?
- If motivation is an issue, then do you conclude that lack of motivation is something that could be overcome (that is within the Claimant’s volitional control)?
- Is it your opinion, within a reasonable degree of medical certainty and probability, that secondary gain significantly contributes to Claimant’s current non-work status? If so, please elaborate.
- Is it your opinion, within a reasonable degree of medical certainty and probability, that there appears to be non-clinical barriers to Claimant’s ability to return to work?
- Are there situational factors (e.g., marital/family status, caring for a loved one, geographical obstacles, etc.) and how do such situational factors affect this claim?
- Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant’s current treatment for the mental health condition is both reasonable and necessary? Do you regard the current treatment plan as “optimal”? If not, please provide an outline of what you consider a more effective treatment plan or approach. In addition, please indicate whether Claimant would be able to work at any capacity while undergoing the proposed treatment plan.
The questions are a little wordy. Basically, the questions ask:
- Are you injured?
- Is your injury related to work?
- Are you all better now?
- Can you work?
- Can you work in a war zone?
- Do you have any work restrictions?
- Are you faking or lying?
- Has your medical treatment been reasonable?
- Is there other treatment that the expert thinks would be better?