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.
QMERejected
Opined applicant was permanent and stationary as of December 1, 2023, based on six months since injury and conservative treatment without surgery. Provided 3% whole person impairment rating. Allowed possibility of surgery and new temporary disability period if surgery became necessary.
Dr. Ting's opinion was weighed but found based on inadequate medical history and unsupported by other medical evidence; applicant's credible testimony contradicted his assertion that surgery was declined.
From the decision · page 2PERMANENT AND STATIONARY
The claimant has reached maximum medical improvement and therefore is
permanent and stationary. It has been approximately 6 mos since the claimant first
injured his right shoulder. The diagnosis of a torn biceps tendon no retraction and
surgical consult chose to treat conservatively and nonoperativly. The claimant has
undergone physical therapy, nsaids and HEP and now is permanent and stationary.
(Ex. 103, Report of PQME Dr. Arthur Ting, December 1, 2023, p. 11.)
otherGiven great weight
Reviewed MRI showing rupture of proximal long head of right biceps tendon. Recommended conservative treatment and provided cortisone injection. Did not recommend surgery at that time.
His report supported conservative treatment and did not indicate surgery was declined; consistent with applicant's testimony that surgery was not discussed or declined.
From the decision · page 4Medically, applicant was seen by Dr. Daniel Haber on August 31, 2023 (Exh. 5),
wherein Dr. Haber reviewed a right shoulder MRI which showed a "rupture of the
proximal long head of the (right) biceps tendon." He stated that applicant was
agreeable to "taking a conservative approach for now," and he then provided
applicant with a cortisone injection.
otherGiven great weight · orthopedics
Diagnosed possible rotator cuff tear and ruptured proximal biceps tendon. Recommended MRI and deferred work status to QME. Did not indicate surgery was declined or permanent and stationary status.
His report supported further evaluation and did not contradict applicant's claim of ongoing disability.
From the decision · page 2The WCJ admitted the Report of Dr. Warren King dated March 18, 2024 into evidence.
PTPGiven great weight
Diagnosed right biceps tendon injury with pain and recommended surgical evaluation. Took applicant off work as of March 7, 2024, but report silent on work status.
His recommendation for surgical evaluation and off work status supported ongoing disability.
From the decision · page 4Applicant was then seen for treatment with Dr. George Rakkar. In his March 7,
2024 report, Dr. Rakkar diagnosed the right biceps tendon injury, with pain in the
right shoulder. Dr. Rakkar recommended that applicant "see orthopedics as soon
as possible for surgical evaluation." He was then seen by Dr. Warren King on
March 18, 2024 (Exh. 4) who requested to review a right shoulder MRI, and
deferred work status to the QME. Dr. King stated that if the MRI showed a rotator
cuff tear, then applicant would be a surgical candidate.
PTPGiven great weight
Found applicant off work until June 30, 2024 and referred for MRI. Supported temporary disability from April 18, 2024 onward.
His reports provided medical evidence supporting temporary disability entitlement from April 18, 2024.
From the decision · page 4Applicant then had his treatment taken over by Dr. James Saunders, who first
reported on April 18, 2024 (Exh. 2), wherein he found that applicant is
recommended off work by Dr. Rakkar until June 30, 2024. Dr. Saunders also
diagnosed a right biceps tendon injury. Although Dr. Saunders refers to off work
status by Dr. Rakkar, the only report in evidence from Dr. Rakkar of March 7, 2024
does not discuss applicant's work status.