In our increasingly litigious society there is persistence of an attitude that posttraumatic headache (or other injuries) will either improve or disappear following resolution of a claim. In some states (Florida) in order for a person to initiate a claim, an injury must be considered permanent. This is often a difficult task with a subjective symptom. This retrospective study was performed to evaluate the reliability of criteria used to diagnose a "permanent" posttraumatic headache and whether these headaches stay "permanent" after legal settlement. Data was obtained by a structured telephone interview of fifty adult outpatients diagnosed as having permanent posttraumatic headache and their litigation settled at least one year previously. Patients with previous headaches, other accidents or head injuries were excluded. The average length of time from settlement to interview was 23 months. Forty-six had been in automobile accidents and four either had falls or blunt trauma to the head. (Eight cases involved Workman's Compensation). Criteria used at this clinic for determining permanency were either posttraumatic headache persisting for longer than one year with no evidence of further improvement (43 patients) or patients with headaches persisting longer than 6 months with a plateau (no change) in their pattern for three months or more with an adequate trial of treatment (in our judgement). These criteria did seem reliable. All fifty patients interviewed continued to report persistent headache symptoms one year or more following legal settlement. Improvement in headache pattern after legal settlement was only reported by four patients.

A variety of symptoms (postconcussion symptoms) have been consistently reported following mild head or neck injury. One symptom which may have been under reported is cognitive impairment. We conducted a retrospective study of 100 patients presenting for evaluation and treatment of posttraumatic headache at our headache clinic. Sixty-five percent reported difficulties with either memory, concentration, and/or thinking. The most common cognitive symptoms reported were concentration+memory problems, concentration + memory + thinking difficulties, concentration disturbances, and difficulty remembering, respectively. Subjects in both groups (with cognitive symptoms and without cognitive symptoms) were similar in age, but females seemed more predisposed than males to cognitive impairment following mild head injury. It is suggested that clinicians thoroughly evaluate patients for cognitive symptoms, particularly when patients have a permanent condition and are subsequently involved in litigation.

No standardized criteria are available for establishing impairment ratings for pain or posttraumatic headache. The AMA Guides to the Evaluation of Permanent Impairment, 3rd Edition, 1988, defines impairment as "the loss of use of, or derangement of any body part, system or function." Headaches may be classified under episodic neurological disorders and impairment based loosely on frequency, severity and duration of attacks and how activities of daily living are affected. Other systems base ratings by physical findings or diagnosis. Criteria for posttraumatic headache are proposed in the form of a mnemonic: IMPAIRMENT. Intensity, Medication use, Physical signs/symptoms, Adjustment, Incapacitation, Recreation, Miscellaneous activity of daily living, Employment, Number (frequency), Time (duration of attacks). Each are scored from 0 to 2 points. There are three physician modifiers, scored from 0 to -4 points: Motivation for treatment, Overexaggeration or overconcern, Degree of legal interest. Case examples will illustrate how impairment ratings are determined, along with further details on scoring. Proposed criteria for posttraumatic headache impairment are understandable, easy to utilize and reproducible.

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