What the panel ordered
Petition for Reconsideration denied.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEApplicant prevailedinternal system-diabetes
The panel QME Dr. Robert Fisher's medical reports constituted substantial evidence that the applicant sustained injury to his internal system-diabetes arising out of and in the course of employment, supported by uncontroverted applicant testimony and lack of contrary evidence from defendants.
From the decision · page 4In considering the evidence provided by the parties and considering the admitted evidence, with respect to applicant's internal system-diabetes claim, the parties selected Robert Fisher, MD, as the Panel Qualified Medical Evaluator in the field of Internal Medicine. In Dr. Fisher's Medical Report dated 03/06/2019, Dr. Fisher opined that when the applicant was restricted to light duty after his industrial injury to his right shoulder, his physical activity was markedly reduced, and it is with reasonable medical probability that his blood sugar level became elevated because of the lack of exercise. Joint Exhibit X, Medical Report of PQME Robert Fisher, MD QME dated 03/06/2019, page 58, par. 2, EAMS DOC ID NO.: 72194444. Defendants presented no evidence to the contrary.