What the panel ordered
Permanent disability, apportionment, and attorney's fees deferred pending further development of the record including reevaluation by Dr. Fenison.
Petition for reconsideration granted, December 23, 2024 Findings, Award and Order rescinded and substituted for further development of the record including reevaluation by Dr. Fenison.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The panel found that the QME's reports were incomplete as they did not include review of updated medical records from Dr. Rho documenting complex regional pain syndrome, thus the record was insufficient to support the denial of permanent disability and further development was required.
From the decision · page 5Here, based upon our review of the record, including the reports of Dr. Fenison, it appears that although diagnostics and records from Dr. Montgomery and Central Occupational Medicine Providers were provided to Dr. Fenison for review, none of the reports from Dr. Rho or Inland Interventional Medical Associates were provided, or if provided, were not reviewed. In light of this, Dr. Fenison's reporting appears to be incomplete.