What the panel ordered
Petition for reconsideration granted; replacement panel denied; additional panel in neurology granted; all other issues deferred
Petition for reconsideration granted, prior Findings, Order and Award rescinded and substituted, matter returned to trial level for further proceedings
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
QME/AME processApplicant prevailedneurological
Dr. D'Amico could not provide a specific diagnosis for neurological issues and recommended further studies; good cause found for additional neurology panel.
From the decision · page 6Here, in a report dated September 11, 2023, orthopedic PQME, Dr. D'Amico, indicated that with respect to applicant's alleged neurological issues, he could not provide a specific diagnosis. (Defense Exhibit A, p. 23.) As such, he recommended a "repeat EMG/nerve velocity study of both upper and lower extremities" as well as a "neurologic consultation." (Id. at p. 24.) Thereafter, a timely petition requesting additional panels in various specialties, including neurology, was submitted by applicant on August 23, 2024.