PTPRelied upon
Believed the patient's neck, low back, right shoulder, and right elbow disability to be 100% attributable to work-related continuous trauma during employment as a cabinet maker.
Dr. Tabibian was aware of the diagnosis of right hip avascular necrosis and abnormal gait but attributed the neck, low back, right shoulder, and right elbow disability entirely to work-related continuous trauma, supported by detailed understanding of the applicant's work duties.
From the decision · page 6On page 17 he went on to explain that:
"With regard to the patient's neck, low back, right shoulder, and right elbow disability, this is
believed to be 100% attributable to the work-related continuous trauma extending through November
18, 2016 while he was employed as a cabinet maker for Manhattan Finish, Inc. in direct relationship
to performing his regular duties as described above." (Exhibit 2, Medical Report of Sam Tabibian,
MD dated December 10, 2018, page 17).
In contrast, the reporting by PQME Joseph Hohl demonstrates that he lacks an understanding
of the arduousness of the work the applicant performed at Manhattan Finish. In his supplemental
report dated August 13, 2018 (Defendants Exhibit B) Dr.
QMERejected
Did not evaluate cumulative trauma claim to upper extremities, neck, and back initially; later limited causation discussion to right hip problem and attributed right knee and back problems to nonindustrial avascular necrosis and abnormal gait; did not discuss causation of right shoulder, right elbow, or neck complaints.
Dr. Hohl's reports were found not to constitute substantial medical evidence due to lack of understanding of the arduousness of the applicant's work and limited evaluation of cumulative trauma claims.
From the decision · page 6Hohl indicated that he was unaware of the
cumulative trauma claim to applicant's upper extremities neck and back and therefore did not
evaluate applicant in that regard. He then reevaluated the applicant on February 21, 2019, ostensibly
to address the cumulative trauma claim. His brief description of applicants work activities is located
on page 3 of the report and merely indicates that the applicant worked "... as a cabinet maker for
many years...." He notes that applicant claimed a specific injury in 2014 "... when he was lifting a
sheet of plywood...." He then indicates that "[t]here is no other specific injury other than vigorous
nature of his work of building cabinets." (See Exhibit C, Medical Report of Joseph Hohl, MD dated
February 21, 2019, page 3). In fact, there is even an indication that Dr. Hohl trivialized applicant's
arduous work duties. Dr.