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.
QMERelied upon · orthopedics
Found significant permanent disability with constant severe pain in cervical spine, right shoulder, and lumbar spine in 2017.
From the decision · page 2We will deny the applicant's Petition.
As noted in the WCJ's Report, it has now been almost 23 and over 21 years since the
respective injuries at issue. The WCJ relied upon the reporting of orthopedists Phillip J. Kanter,
M.D. and Lynn E. Wilson, M.D. in determining applicant's orthopedic permanent disability. The
reports relied upon by the WCJ issued in 2017. At the time of his evaluations by Drs. Kanter and
Wilson, applicant was significantly impaired as evidenced by the significant permanent disability
found, apportioned among both injuries and non-industrial causes. In 2017, applicant already
complained to Dr. Wilson that the pain in his cervical spine was on average a nine on a scale of
one to ten, with the pain sometimes reaching ten. (August 29, 2017 report at p. 6.) He told Dr.
Wilson that he was unable to walk more than one block, was unable to sit or stand for more than a
half hour at a time, and that he had difficulty dressing himself.
QMERelied upon · orthopedics
Reported severe pain and significant impairment in 2017, with applicant using a cane and unable to walk more than one block or sit/stand for more than half an hour.
From the decision · page 2We will deny the applicant's Petition.
As noted in the WCJ's Report, it has now been almost 23 and over 21 years since the
respective injuries at issue. The WCJ relied upon the reporting of orthopedists Phillip J. Kanter,
M.D. and Lynn E. Wilson, M.D. in determining applicant's orthopedic permanent disability. The
reports relied upon by the WCJ issued in 2017. At the time of his evaluations by Drs. Kanter and
Wilson, applicant was significantly impaired as evidenced by the significant permanent disability
found, apportioned among both injuries and non-industrial causes. In 2017, applicant already
complained to Dr. Wilson that the pain in his cervical spine was on average a nine on a scale of
one to ten, with the pain sometimes reaching ten. (August 29, 2017 report at p. 6.) He told Dr.
Wilson that he was unable to walk more than one block, was unable to sit or stand for more than a
half hour at a time, and that he had difficulty dressing himself.
PTPPartially credited · pain management
Documented some improvement in applicant's condition from 2019 to 2021, but no evidence condition worsened beyond 2017 levels.
From the decision · page 2(August
17, 2017 report at p. 8; August 29, 2017 report at p. 8.)
At trial, applicant introduced the reports of treating physician pain management specialist
Jonathan F. Kohan, M.D. spanning the period from June 2019 to March 2021. We note that Dr.
Kohan's first reports document a substantial improvement in applicant's condition. For instance,
in a report of August 23, 2019, while acknowledging that applicant has experienced falls, Dr.
Kohan also notes a 30% to 40% improvement in applicant's condition. (August 23, 2019 report
at p. 1.) While Dr. Kohan did note that applicant had an increase in neck and low back complaints
in his June 12, 2020 and October 28, 2020 reports, given the earlier improvement, there is no
evidence that his condition was any worse than it was than when he was evaluated by Drs. Kanter
and Wilson.
While applicant requests an updated neurological evaluation due to a February 2, 2021 fall,
Dr. Kohan's contemporaneous reporting makes no mention of this fall. We note that the WCJ
found that applicant's testimony at trial regarding his present condition, including the severity of
any falls, was somewhat exaggerated. A WCJ's credibility determinations are "entitled to great
secondary_treaterPartially credited · psychology
Reported no suicidal or homicidal ideation in 2021, noted panic attacks as new symptom but no link to industrial injury.
From the decision · page 3Applicant also requests further development of the psychiatric record based on his
testimony at trial that he had suicidal thoughts. (Minutes of Hearing and Summary of Evidence of
February 3, 2021 trial at p. 5.) However, in his April 20, 2021 report, treating psychologist Heath
Hinze, Psy.D. writes that applicant expressed "no suicidal or homicidal ideation." (April 20, 2021
report at p. 5.) We note that agreed medical evaluator psychiatrist John M. Stalberg, M.D., on
whom who the WCJ based her psychiatric permanent disability findings, already diagnosed
applicant with depressive disorder. (April 19, 2005 report at p. 2.) Although Dr. Hinze notes panic
attacks as a new symptom, there is no discussion regarding how this new symptom is related to
applicant's over 20-year-old injuries.
AMERelied upon · psychiatry
Diagnosed depressive disorder related to industrial injury in 2005, relied upon for psychiatric permanent disability findings.
From the decision · page 3Applicant also requests further development of the psychiatric record based on his
testimony at trial that he had suicidal thoughts. (Minutes of Hearing and Summary of Evidence of
February 3, 2021 trial at p. 5.) However, in his April 20, 2021 report, treating psychologist Heath
Hinze, Psy.D. writes that applicant expressed "no suicidal or homicidal ideation." (April 20, 2021
report at p. 5.) We note that agreed medical evaluator psychiatrist John M. Stalberg, M.D., on
whom who the WCJ based her psychiatric permanent disability findings, already diagnosed
applicant with depressive disorder. (April 19, 2005 report at p. 2.) Although Dr. Hinze notes panic
attacks as a new symptom, there is no discussion regarding how this new symptom is related to
applicant's over 20-year-old injuries.