The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
PTPRelied upon · orthopedics
Applicant sustained industrial cumulative trauma injury to multiple body parts during October 1, 2012 through May 28, 2019.
Based on evaluation of facts, physical exams, observation, review of medical records and medical probability, correlating physical examination findings and diagnostic tests with cumulative trauma injury.
From the decision · page 3The patient is a 46-year-old female who sustained industrial injury as a
result of cumulative trauma from October 1, 2012, to May 28, 2019,
working as a Warehouse Worker for Johnny Was. The patient states that
she developed pain to the right shoulder, elbow, neck, and lower back due
to the work duties listed above. She continued working through pain.
Eventually [she] sought care in the emergency department where she
received an injection in February 2017. She reported the i was referred to
the industrial clinic, where she received physical therapy, medications, MRI
studies, neurodiagnostics, [and a] cortisone injection for the elbow. In
December 2018, she was transferred to another physician who conducted
another cortisone injection and then in May 2019, surgical intervention for
the right elbow. She underwent postoperative physical therapy and returned
to regular duty. She sought legal counsel [and] was referred to the current
primary treating physician who conducted physical therapy, acupuncture
treatments, updated MRI studies, neurodiagnostics, and [who] has referred
the patient today for orthopedic evaluation.
PTPRelied upon · orthopedics
Continued treatment and support for cumulative trauma injury to multiple body parts.
Applicant continued to see Dr. Haronian after surgery and reported ongoing pain in multiple body parts related to cumulative trauma injury.
From the decision · page 13She is still seeing Dr. Haronian. She started seeing him after Dr. Reisch. She does not know the
exact day when she began to treat with Dr. Haronian. Dr. Haronian also said that the insurance
was not authorizing treatment. She told Dr. Haronian what parts of body were bothering her. In
January, most of the pain was in her right elbow and she had pain in her right shoulder, too. She
was off work.
QMERelied upon · psychiatry
Applicant's permanent psychiatric disability is 100% due to her orthopedic cumulative trauma injury.
Medical opinion that psyche injury is not separate but arises from orthopedic injury, supported by no contrary evidence.
From the decision · page 6Qualified Medical Evaluator ("PQME") in psychiatry, who opined that "100% of the applicant's
permanent psychiatric disability has occurred as a result of her orthopedic disability."4 (Exhibit
QMERejected · orthopedics
Orthopedic panel QME exam was scheduled but cancelled and report was not admitted as evidence.
The exam was cancelled and the report was not admitted, so it was not considered in the decision.
From the decision · page 7Finally, procedurally, there was a 1/15/2021 signed Joint Stipulation for
issuance of an orthopedic panel (a LC Section 4060 psyche panel had
already previously issued). At the MSC of 1/19/21, defendant objected to
the matter being set for trial as the orthopedic panel QME exam had not yet
gone forward. Judge Jackson, the MSC judge, set the matter for trial over
defendant's objection. A panel in orthopedic surgery issued from the
Medical Unit on 2/10/2021. An exam was scheduled with Stefan Kasimian,
M.D. after the respective strikes from both parties were issued. However,
the exam ultimately had to be cancelled due to Judge Walker at the
4/20/2021 trial denoting that such report would not be admissible as
evidence. Defendant Travelers maintains that it was prejudiced by the
orthopedic panel QME exam with Dr. Kasimian not going forward.
Determinations regarding AOE/COE and the LC Section 5412 date of
injury...were handed down without the benefit of a comprehensive report
addressing causation. [...]