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.
AMERelied upon
Found applicant unable to be a tow truck driver but otherwise capable of work consistent with restrictions; did not find orthopedic basis for inability to compete in open labor market.
The Board credited Dr. Wakim's opinion that the applicant was not totally disabled and could work within restrictions.
From the decision · page 7This court relied on the record as a whole including the report of Dr. Wakim.
Applicant contends that Dr. Wakim opined that the applicant was unable to
compete in the open labor market.
AMERelied upon · neuropsychiatrist
Found applicant did not suffer traumatic brain injury but mild concussion; noted concerns about over reporting and non-credible responses; opined applicant developed belief of significant brain injury not supported by testing.
The Board relied on Dr. Furst's opinion that the applicant's injury did not cause total disability and that the applicant's belief of brain injury was not supported by evidence.
AMERelied upon · psychiatry
Found no major traumatic brain injury; mild neurocognitive deficits; no comment on ability to compete in open labor market.
The Board credited Dr. Frank's opinion that the applicant did not have major traumatic brain injury and was not totally disabled.
From the decision · page 8Dr. Frank, the AME in Psychiatry found in his 5/13/13 report that the
applicant form a psychiatric basis could do his usual and customary job, Bd.
Exhibit X-2. On page 47 of his 10/28/15 report Dr. Frank opined "(I)n this
matter, the available evidence in not consistent with major traumatic injury
and is not consistent with major cognitive deficits. There are mild
neurocognitive deficits..." He went on to say in in 10/3/18 report he had no
comment on his ability to compete in the open labor market and to do so
would be speculative. He found no major traumatic brain injury.
PTPRelied upon · psychology
Found applicant had 4% WPI on psychiatric basis and was capable of returning to work; deferred cognitive effects to Dr. Furst.
The Board found Dr. Lechuga's opinion consistent with partial disability and ability to work.
From the decision · page 8Dr. Lechuga, the applicant's primary treating psychologist, Applicants Exh.
7, deferred on the cognitive effects of the accident to Dr. Furst. He does not
find the applicant unable to compete in the open labor market. He finds the
applicant had 4%WPI on a psychiatric basis. In his 7/21/17 report, he found
the applicant capable of returning to work.
AMERelied upon · neurology
Found 4% WPI mostly related to headaches; agreed with Dr. Furst on inconsistencies in testing and psychological basis for injury belief; noted applicant's varying history and alertness post-accident.
The Board relied on Dr. Richman's opinion supporting partial disability and psychological factors rather than total cognitive impairment.
From the decision · page 8Dr. Richman, the AME in Neurology, in his 4/17/13 report, Board Exh. X-
1 found the applicant to have a 4% WPI mostly related to headaches. Also,
in the 7/21/17 report of Dr. Richman Wilkinson the defense vocational
expert. In his 1/30/18 report on page 5, Dr. Richman agrees with Dr. Furst
that the applicant that there are inconsistencies in the testing and that this
may not be volitional but done unconsciously by the applicant. Further,
reiterating that the applicant does not have a cognitive brain impairment but
rather a psychologically based belief he is injured greater than the physical
evidence shows. He also notes throughout his various reports that the
applicant's history varies. At times he states he was unconscious other times
he was not. The records reviewed show the applicant was alert and oriented
at the time following the accident and coherently spoke to the police and
the first responders....
The totality of the record shows the applicant had significant injuries which
led to the awarding of 81% permanent partial disability together with the