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
Applicant is psychologically totally disabled; 100% of psychological disability causation is work-related; no apportionment to non-industrial causes.
Dr. Eerkens' reports and deposition testimony support total permanent disability and causation.
From the decision · page 4Dr. Eerkens subsequently amended the permanent and stationary date to the date of the
third QME evaluation, July 6, 2019 due to 'denied authorization for proper treatment by utilization
review which caused a worsening in his depression'. (Jt. Exh. 3, Dr. Eerkens, 7/6/19.) The
applicant's GAF score was increased to 53, equivalent to a WPI of 26. (Id.) According to Dr.
Eerkens, the applicant was 'somewhat suicidal'. (Jt. Exh. 1, Dr. Eerkens deposition, p. 13, lines
10-11.). Dr. Eerkens identified two nonindustrial stressors, but concluded that 100 percent of the
causation of the applicant's psychological disability stems from his work injury. (Jt. Exh. 1, Dr.
Eerkens deposition, p. 56, lines 18-21.) Dr. Eerkens testified that the applicant is psychologically
totally disabled. (Jt. Exh. 1, Dr. Eerkens deposition p. 51, line 25- p. 52, line 4.)
vocational_expertRelied upon
Applicant is unable to return to workforce, totally disabled, not amenable to rehabilitation.
Vocational expert's opinion was found more persuasive than defense expert and consistent with medical evidence and applicant testimony.
From the decision · page 7The scheduled rating is 'prima facie evidence of the percentage of permanent disability to
be attributed to each injury covered by the schedule'. (Labor Code § 4660(c).) While the medical
reports rate at 75% permanent disability, a finding of permanent disability may be based upon
vocational evidence that establishes applicant's inability to participate in vocational rehabilitation
and inability to return to gainful employment. (Ogilvie v. City and County of San Francisco (2011)
197 Cal. App, 4th 1262.)
QMERelied upon · orthopedics
Issued WPI ratings for lumbar spine and left knee; apportioned 20% of left knee arthritis to pre-existing condition; permanent work restrictions include office-based job with sit/stand and cane use as needed.
From the decision · page 4Patrick McGahan, M.D. acted as the parties orthopedic QME. In his evaluating report of
February 20, 2019, he issued 8% WPI for the lumbar spine, 10% WPI for the left knee cruciate
ligament laxity and a 10% WPI for the left knee arthritis, (Jt. Exh. 12, Dr. McGahan, 2/20/19.) Dr.
McGahan apportioned 20% of the left knee arthritis impairment to a pre-existing condition. He
provided permanent work restrictions as follows: an office-based job, allowance to alternate sit
and stand as needed, and to use a cane as needed. (Jt. Exh. 12, Dr. McGahan, 2/20/19.)
QMERelied upon · internal medicine
Found industrial causation for erectile dysfunction with 20% WPI; no work restrictions imposed.
From the decision · page 4Finally, the internal medicine QME, Scott Anderson, M.D. found industrial causation for
the applicant's erectile dysfunction and issued 20% WPI. (Jt. Exh. 8, Dr. Anderson, 1/18/16.) No
work restrictions were imposed from an internal medicine standpoint. (Id.)