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 · neurology
Applicant sustained closed head trauma with mild traumatic brain injury and post traumatic head syndrome with speech and word-finding difficulties including post-traumatic migraine headaches.
Supports finding of industrial injury and related impairments.
From the decision · page 3Dr. Shorr, the AME in neurology, indicated that the applicant sustained a
closed head trauma with mild traumatic brain injury, post traumatic head
syndrome with speech and word-finding difficulties including post-
traumatic migraine headaches. At his deposition, the AME testified that
the applicant's injury was a "direct blow to the head, which then results
in a blow to the brain. So there's energy to the brain that causes diffuse
damage microscopically to the brain that can lead to a number of
problems, to put it just simply." Further, this was a "contrecoup" injury
and as such imaging studies alone do not accurately assess which led to a
neuropsyche evaluation (Exhibit X3 6:11-15) with Dr. Marcel Ponton
acting in that capacity. In his neuropsyche report, Dr. Ponton indicated
that the applicant put forth good effort on all of the tests and as such
motivation is not a factor (Exhibit Y at p. 30). Dr. Ponton indicated the
applicant was TTD through 6/01/2015.
otherRelied upon · neuropsychology
Applicant put forth good effort on neuropsychological tests; motivation not a factor; applicant was temporary total disabled through 6/1/2015.
Supports credibility and extent of disability.
From the decision · page 3Dr. Shorr, the AME in neurology, indicated that the applicant sustained a
closed head trauma with mild traumatic brain injury, post traumatic head
syndrome with speech and word-finding difficulties including post-
traumatic migraine headaches. At his deposition, the AME testified that
the applicant's injury was a "direct blow to the head, which then results
in a blow to the brain. So there's energy to the brain that causes diffuse
damage microscopically to the brain that can lead to a number of
problems, to put it just simply." Further, this was a "contrecoup" injury
and as such imaging studies alone do not accurately assess which led to a
neuropsyche evaluation (Exhibit X3 6:11-15) with Dr. Marcel Ponton
acting in that capacity. In his neuropsyche report, Dr. Ponton indicated
that the applicant put forth good effort on all of the tests and as such
motivation is not a factor (Exhibit Y at p. 30). Dr. Ponton indicated the
applicant was TTD through 6/01/2015.
QMERelied upon · psychiatry
Applicant was temporarily partially disabled from date of injury until May 2014 and then temporarily totally disabled through 10/13/2016; applicant was motivated to return to work; presentation consistent with Post-Concussive Syndrome; no malingering detected; applicant credible and genuine.
Supports psychiatric impairment and disability findings.
From the decision · page 4As stated in the undersigned's Opinion, the "psyche PQME, Dr. Robert
Kahn-Rose issued two reports (Court Exhibits Z1 and Z2) finding the
applicant TPD from the date of injury until May 2014 and then TTD
through 10/13/2016. Dr. Kahn-Rose found the applicant was motivated to
return to work and that her "presentation is consistent with the
phenomenology of Post-Concussive Syndrome." Moreover Dr. Kahn-
Rose did not detect malingering and found that the applicant was
"believable and genuine". The PQME stated, "It would make very little
sense to postulate that she would choose to leave a very high-level
executive position, and the attendant personal and financial benefits, to
lead a very restricted and markedly less functioning lifestyle." (Underline
added.) This fact operates as a litmus test for sincerity in this case."
(Opinion at p. 7.)
AMERelied upon · orthopedics
Applicant was forthright; orthopedic complaints had overlay from significant head injury; found applicant genuine; one-third of lumbar spine impairment non-industrial due to preexisting degenerative changes and morbid obesity.
Supports medical apportionment and credibility findings.
From the decision · page 4Dr. Hatch, the orthopedic AME (Court Exhibit XX) also believed the
applicant was "forthright" but due to her significant head injury there was
an overlay to her orthopedic complaints. All of the various examining
doctors found the applicant genuine. As the trier-of-fact, the undersigned
is tasked with determining the credibility of the applicant per Garza. The
undersigned deemed the applicant credible and nothing in the record or
the petition refutes that.
PTPNot substantial evidence · otorhinolaryngology
From the decision · page 3The parties also utilized the following physicians as either AME's,
PQME's or PTP's: Dr. Robert Shorr (Court Exhibits X1 X5) as an AME
in neurology; Dr. Marcel Ponton (Court Exhibit Y) as a consult in
neuropsychology; Dr. Robert Kahn-Rose (Court Exhibit Z1 Z2) as a
PQME in psychiatry; Dr. George Hatch (Court Exhibit XX) as an AME
in orthopedics; and Dr. Andrew Berman (Court Exhibit YY) as an
authorized PTP in otorhinolaryngology.