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 · orthopedics
Provided orthopedic work restrictions and reported on activities of daily living supporting permanent disability.
Dr. Sobol's reports were a main basis for the judge's permanent disability conclusions.
From the decision · page 8DR. SOBOL'S REPORTING AS TO ACTIVITIES OF DAILY LIVING
AMERelied upon · psychiatry
Diagnosed PTSD, Generalized Anxiety Disorder, and Major Depressive Disorder; recommended ongoing psychological treatment and work restrictions to avoid undue emotional stress.
The vocational expert's failure to review Dr. Jacks' report was a noted shortcoming but did not undermine the overall vocational expert credibility.
From the decision · page 11Dr. Jacks was the AME in psychiatry. There are two reports but all the findings are found in
Exhibit W which is the 5/13/21 report. He discussed the repercussions of this injury on the applicant.
He is taking Xanax once a day, Prosom at bedtime, Baclofen, Tramadol three times a week,
Voltaren, Famotidine, Metformin, Norco and Advair.
QMERelied upon · psychiatry
Found significant permanent disability with 40% non-industrial apportionment; prior trial judge found apportionment invalid without specific reasons.
The vocational expert Laura Wilson misunderstood or misrepresented Dr. Hirokawa's apportionment findings, affecting her opinion reliability.
From the decision · page 4When this case went to Trial in 2019 before the prior judge, the psychiatric evidence that judge
relied on was from Dr. Hirokawa. The psychiatrist found significant permanent disability but
apportioned 40% of it as non-industrial. Ultimately, the prior trial judge determined that
apportionment was invalid but no specific reasons were given.
AMERelied upon · orthopedics
Provided medical reports on industrial physical limitations supporting vocational expert's opinion of no vocational feasibility.
Medical reports supported vocational expert Laura Wilson's opinion on vocational feasibility and permanent disability.
From the decision · page 7McCroskey and Volcano 15.0 it is my professional opinion that based on his
industrial related impairment and his industrial physical limitations that were
provided in the medical reports of Dr. Domenic J. Sisto, Agreed Medical Examiner
Jeffrey A. Hirsh, Dr. Philip A. Sobol, Qualified Medical Examiner Karl E. Epstein,
and Qualified Medical Examiner Greg Hirokawa, the applicant is not amenable to
vocational rehabilitation and is unable to sustain gainful employment and therefore
is unable to compete in the open labor market and as result of his work related
impairments provided by considering his preinjury capacity and abilities, he has at
present no consistent and stable future earning capacity.
AMERelied upon · internal medicine
Provided substantial medical evidence on impairments including GI, IBS, blood pressure, sexual dysfunction, constipation, and hernia.
Medical evidence from Dr. Hirsh supported the permanent disability findings.
From the decision · page 10Dr. Hirsch was the AME in internal medicine. There are five reports jointly offered into evidence
as Exhibits X, T and U. There appears to be just a single exam in 2015 and then supplemental
reports thereafter. His reporting is substantial medical evidence concerning how much impairment
exists on the upper GI, lower GI, hernia, sleep and sexual dysfunction. (See Formal Rating
Instructions)