PTPPartially credited
Prescribed medications for fibromyalgia and joint pain; issued reports supporting diagnosis and treatment; noted some relief from medications but reports were incomplete and lacked detailed discussion of ongoing medication use.
Reports admitted in evidence and discussed in lien trial; reports show prescriptions and some relief but limited support for medication efficacy and dosage changes.
From the decision · page 2FACTS
Applicant, while employed on August 23, 2003, as a certified nursing assistant, by
defendant sustained injury arising out of and in the course of employment to head, neck, face,
trunk, teeth, back, bilateral shoulders, right knee, gastroesophageal reflux, hypertension,
fibromyalgia.
The matter was submitted for trial on October 1, 2014 on the issues of permanent disability,
apportionment, attorney fees, and "whether applicant is 100% permanently and totally disabled
per the case of LeBoeuf." (Minutes of Hearing/Summary of Evidence (MOH), 10/01/2014, 3:6-9.)
At trial, all alleged body parts were stipulated to and none were denied. (Id.at 2:2-5.) At trial she
testified, "Applicant sees Dr. Salick, who prescribes medication to control her fibromyalgia and
joint pain somewhat." (Id. at 7:10-11.) At trial, two reports from Allen Salick, M.D., were
admitted. One report, dated December 28, 2004, diagnosed applicant with fibromyalgia and found
that she was permanent and stationary. (Applicant's Exhibit 25.) He prescribed Ultracet to treat
back and neck pain. (Id.) The other, dated February 18, 2014, was a record review which disputed
the opinions of the QME.
QMEPartially credited · rheumatology
QME report from 2013 noted medications helped pain by 50%, helped sleep but not energy, and helped mood; expressed concerns about medication effects and excessive use; recommended downplaying multiple medications; report not dispositive for medications prescribed in 2015-2016.
QME report was admitted and judicially noticed but was outdated and did not address medications prescribed in lien period; concerns about medication risks noted but report lacked specific recommendations for current medications.
From the decision · page 4At trial on May 13, 2025, judicial notice was taken of the rheumatology QME report of
Rodney Bluestone, M.D., dated October 9, 2013. (Applicant's Exhibit 1.) At that time, her current
medications included gabapentin, alprazolam, zolpidem, fentanyl, bupropion, famotidine,
Therabenzaprine, Cymbalta, Metizol, nifedipine, alendronate, butalbital, APAP, caffeine,
pantoprazole, and atenolol. (Id. at p. 5.) He notes: