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Table 3 Agreement with stated grounds, by country and total of social insurance physicians.

From: Medico-legal reasoning in disability assessment: A focus group and validation study

 

Country

Total%

Grounds

Norw N = 13

Belg N = 14

Neth N = 10

Slov N = 10

 

1 A condition of damaged health can be so severe that any form of work is impossible

12

14

10

10

97,9%

2 A condition of damaged health can be severe to an extent that it precludes from some work but not all work

13

14

10

10

100%

3 Disability is characterised by a restriction of functional capacities

13

12

9

9

91,5%

4 Capacity for work represents the ability to perform jobs

12

12

9

10

91,5%

5 Advanced age is no reason for disability in itself, but can be a reason to accept restrictions in activities

11

14

7

8

85,1%

6 Findings (complaints, symptoms etc) have to be plausible in order to be taken into account in the conclusion

12

10*

10

9

87,2%

7 Findings have to be consistent in order to be taken into account in the conclusion

9

10

10

10

83,0%

8 If restrictions of functional capacities are to be taken into account, they must not solely be explained by other than medical factors, notably lack of motivation or opportunity to function on the labour market

13

12*

10

10

95,7%

9 In order to determine a claimant's functional capacities his personal experience is a source of information

12

12

10

3***

80,4%

10 In order to determine a claimant's functional capacities the medical diagnosis is a source of information

10

14*

9

5**

80,9%

11 In order to determine a claimant's functional capacities the medication is a source of information

8

12

10

7

78,7%

12 Disability can be accepted as permanent when all treatment options have been tried

9

5**

6

10**

63,8%

13 The claimant has the duty to try possibilities for treatment, rehabilitation and/or work resumption when these exist

12

11

9

7

83,0%

14 Tramadol (an opiate) can cause a lack of alertness

10

14*

8

7

83,0%

15 Heavy lifting, carrying and the like are well known risk factors for low back pain and should be avoided in the work of people who suffer from low back pain

8

12

4*

9

70,2%

16 Chronic low back pain is tiring and may lead to restriction of energetic activities

10

10

4*

9

70,2%

17 Pathologic damage of back and knee make complaints of back and knee plausible

8

12

8

8

76,6%

Total grounds 1–5 (Health condition of claimant)

61

66

45

47

93,2%

Total grounds 6–11 (Process of evaluation)

64

70

59

44

84,0%

Ground 12 (Time perspective)

9

5

6

10

63,8%

Ground 13 (Obligation of claimant)

12

11

9

7

83,0%

Ground 14–17 (Medical evidence)

36

48

24

33

75,0%

Agreement in total with all grounds

82,4%

84,0%

84,1%

82,9%

83,4%

  1. Differences in agreement are tested with Pearson Chi-square test. The contrast is subgroup vs. all other cases.
  2. *: p < 0,05, **: p < 0,01, ***: p < 0,001 for percentages significantly higher or lower than in the entire group.