QMERelied upon · Orthopedics
Supports finding of injury arising out of and occurring in the course of employment on 08/14/2019 with objective findings for right shoulder, lumbar spine, and right knee.
The QME opinion supports the finding of injury AOE/COE on the stipulated date of injury.
From the decision · page 7OPINION ON DECISION
Based upon applicant's testimony and the medical report(s) of QME DR.
FALKINSTEIN, M.D., dated 01/08/2021, which is more persuasive, it is found that
applicant sustained injury to his back, right arm and right knee arising out of and occurring
in the course of employment on 08/14/2019.
The applicant is alleging an injury on 11/14/2019 unloading merchandise from the
back of the van, when he was carrying a heavy sack of potatoes, he fell from the back of
the van landing on his back and right side on the asphalt feeling immediate pain in the right
shoulder right, upper extremity low back, and right knee he did not report the injury and
kept working.
On page 24 of his report Dr. Falkinstein addresses the inconsistency in the date of
injury noting that the initial evaluation by Dr.
QMERelied upon · Orthopedics
Negates the post-termination defense based on evidence of treatment prior to termination.
The QME opinion negates the post-termination defense by confirming treatment prior to termination.
From the decision · page 7OPINION ON DECISION
Based upon applicant's testimony and the medical report(s) of QME DR.
FALKINSTEIN, M.D., dated 01/08/2021, which is more persuasive, it is found that
applicant sustained injury to his back, right arm and right knee arising out of and occurring
in the course of employment on 08/14/2019.
The applicant is alleging an injury on 11/14/2019 unloading merchandise from the
back of the van, when he was carrying a heavy sack of potatoes, he fell from the back of
the van landing on his back and right side on the asphalt feeling immediate pain in the right
shoulder right, upper extremity low back, and right knee he did not report the injury and
kept working.
On page 24 of his report Dr. Falkinstein addresses the inconsistency in the date of
injury noting that the initial evaluation by Dr.