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.
secondary_treaterRelied upon
Found applicant's condition permanent and stationary with 20% WPI for loss of visual acuity and depth perception loss in left eye. Provided functional limitations including need for breaks and slow work pace.
His opinions on functional limitations formed the basis for vocational expert opinions and were found substantial evidence.
From the decision · page 20Applicant exhibit 5 is a July 31, 2023 Comprehensive Medical Legal Evaluation report
prepared by Robert Neger, M.D. Dr. Neger evaluated applicant at the request and designation of his
primary treating physician, Michael Newman, D.C. Dr. Neger interviewed applicant, examined him,
reviewed medical records and prepared this report regarding applicant's visual disability. Dr. Neger
found that the November 14, 2029 work injury caused the eye disability. He felt that there was an
initial treatment delay that led to an infection and increased disability. Dr. Neger found applicant's
condition permanent and stationary. He provided a 20% WPI rating, under Chapter 12 of the AMA
Guides, for loss of visual acuity in the left eye considering the loss of vision and loss of visual field.
Dr. Neger considered an increased impairment for loss of stereopsis (depth perception). He stated:
QMEGiven great weight · Ophthalmology
Diagnosed severe left eye injury with multiple complications and work restrictions including breaks and lifting limits. Disagreed with 3% pain add-on by Dr. Neger.
Her work restrictions and medical findings were considered but her pain add-on was disagreed with. Her report was reviewed in the decision.
From the decision · page 17Joint exhibit 1 is a December 15, 2020 Panel QME report from Irina Ganelis, M.D.
(Ophthalmology). This 78 page report is Dr. Ganelis initial evaluation report. She met with
applicant, took a history, performed an examination, and reviewed extensive medical records. Dr.
Ganelis' diagnoses for the left eye, including: ruptured globe, status post corneal laceration repair,
corneal scar and opacity, traumatic cataract, tractional retinal detachment, visual loss, pupillary
abnormality, visual discomfort, generalized contraction of visual field, and glaucoma secondary
to eye trauma. In her discussion, commencing on page 50, Dr. Ganelis stated that the applicant
sustained a specific injury when a metal staple flew into his left eye. He developed a ruptured
globe with corneal laceration with severe vision loss necessitating a very complicated medical and
surgical treatment course.
QMENot substantial evidence · Psychology
Diagnosed PTSD with 8% WPI, attributed disability partly to non-industrial causes. Provided GAF score but no work restrictions.
His report contained no work restrictions and was not the basis for vocational opinions.
From the decision · page 19Joint exhibit 4 is a Robert Perez, Ph.D's September 26, 2022 Psychological Panel QME
Evaluation report. Dr. Perez evaluated applicant in person on August 20, 2022 and via video on
September 26, 2022. Dr. Perez took a history and reviewed medical records. Dr. Perez diagnosed
Post-Traumatic Stress Disorder, providing a GAF score of 65 or 8% WPI. Dr. Perez attributed the
disability to applicant's November 14, 2019 injury, directly; not as a compensable consequence.
He apportioned one-third of the disability to the circumstances of applicant and his wife's
immigration to the United States because of religious persecution.