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 · psychiatry
Opined that impairments should be added pursuant to Kite due to synergistic effects among vision loss, cognitive impairment, pain, and psychiatric conditions.
Dr. Drucker provided detailed deposition testimony and reports supporting the addition of impairments due to their synergistic effect.
From the decision · page 5Psychiatric evaluator Dr. Drucker was deposed on 11/18/2020 and was
extensively questioned on his opinion that the impairments in this case should
be added pursuant to Kite. [Applicant's Exhibit 7, beginning at page 12] Dr.
Drucker specifically opines that the injuries are complex and varied, with the
vision loss, the mild cognitive impairment, and the physical all impacting each
other. Dr. Drucker makes it very clear that there is a synergistic effect, that the
pain affects the mood, and the cognitive does as well. Dr. Drucker indicates this
is an area of expertise for him, as he wrote his "short" 500-page dissertation on
this issue. The opinions of Dr. Drucker were echoed by Dr. Kaisler-Meza in his
report of 06/25/2018. [Joint Exhibit 2] Dr. Kaisler-Meza is an Agreed Medical
Examiner and therefore entitled to great weight.
AMEGiven great weight
Agreed with Dr. Drucker that impairments should be added pursuant to Kite and provided impairment ratings.
As an Agreed Medical Evaluator, Kaisler-Meza's opinion is entitled to great weight and was unrebutted.
From the decision · page 5Psychiatric evaluator Dr. Drucker was deposed on 11/18/2020 and was
extensively questioned on his opinion that the impairments in this case should
be added pursuant to Kite. [Applicant's Exhibit 7, beginning at page 12] Dr.
Drucker specifically opines that the injuries are complex and varied, with the
vision loss, the mild cognitive impairment, and the physical all impacting each
other. Dr. Drucker makes it very clear that there is a synergistic effect, that the
pain affects the mood, and the cognitive does as well. Dr. Drucker indicates this
is an area of expertise for him, as he wrote his "short" 500-page dissertation on
this issue. The opinions of Dr. Drucker were echoed by Dr. Kaisler-Meza in his
report of 06/25/2018. [Joint Exhibit 2] Dr. Kaisler-Meza is an Agreed Medical
Examiner and therefore entitled to great weight.
QMEPartially credited · ophthalmology
Diagnosed visual impairments and found 18% of visual impairment pre-existing due to color blindness; did not recommend combining impairments rather than adding.
The Judge found no evidence that Dr. Schainholz recommended combining impairments; his report supported the complexity and severity of visual impairments.
From the decision · page 5Defendant asserts that Dr. Schainholz endorses combining rather than
adding, but does not cite to the evidence. I have carefully reviewed Joint Exhibit
9 and do not find any commentary, opinions or analysis by Dr. Schainholz that
the impairments should be combined and not added. What this Judge does see
in the report of Dr. Schainholz is reference to the exquisite complexity of this
case (page 42), that Applicant is fortunate to have survived this fall (page 40),
that this case is mathematically complex due to the "bilaterality of the visual
field losses" (page 45), that Applicant is anticipated to have some challenges to
his independence with regard to performance of most, if not all, of his visually
intensive activities of daily living (page 47), and that Applicant's work activities
are to be restricted due to the "loss of binocularity" (page 52). While not
specifically stating that the vision has a synergistic effect with the remainder of
the body, I can see the inference therein (no pun intended). I do NOT see that
Dr. Schainholz recommends combining impairments rather than adding.