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
Applicant sustained a nerve injury to right small finger on September 29, 2020, distinctly different from prior injury; rated 4% WPI plus 2% pain for total 9% PD; apportioned 100% to 2020 injury due to lack of records for prior injury.
Defendant did not provide records for prior injury; injury mechanisms and rating tables differ between injuries; no overlap found.
From the decision · page 2For the claim herein, the parties proceeded to the Panel QME Dr. Bashner, who
examined the applicant on August 24, 2021, and reported that the applicant had
sustained an injury on September 29, 2020, to her right little finger, while
"bagging a patient and was not able to clear herself before the shock was
delivered to the patient." Joint Exhibit 1, page 1. The applicant reported to Dr.
Bashner that she had previously injured her right little finger in 2018, and that
her "finger had been feeling fine until this recent incident." Id. at page 2. The
applicant treated with Dr. Kupperman as her PTP for both her April 2, 2018 date
of injury and for the September 29, 2020 injury. However, Dr. Bashner was only
provided with Dr. Kupperman's reports for the September 29, 2020 injury.
PTPRelied upon · orthopedics
Treated applicant for both 2018 and 2020 injuries; rated 1% WPI for 2018 injury due to mild decreased DIP flexion.
Described 2018 injury as a 'pop' in finger tip with mild decreased DIP flexion; used different rating table than 2020 injury.
From the decision · page 2Pursuant to the records reviewed by the panel QME, the applicant initially
treated with Dr. Kupperman, who in a report dated December 18, 2020 found
that the applicant had a "nerve injury" to her right small finger, and that she be
examined by a neurologist, and treated for bilateral carpal tunnel syndrome.
Joint Exhibit 1, pages 3-4. The applicant then changed treating doctors to Dr.
Scheinberg, who examined the applicant on March 3, 2021, and found that the
applicant was "status post shock to the right upper extremity resulting in possible
ulnar nerve damage." Id. at page 4. On May 12, 2021, Dr. Scheinberg issued a
Permanent and Stationary report, finding that the applicant had 0% PD, and no
apportionment. Id. at page 5.
PTPRelied upon · orthopedics
Examined applicant March 3, 2021; found possible ulnar nerve damage from electrical shock; issued 0% PD and no apportionment on May 12, 2021.
Described 2020 injury as nerve injury different from 2018 injury; no PD or apportionment found.
From the decision · page 2Pursuant to the records reviewed by the panel QME, the applicant initially
treated with Dr. Kupperman, who in a report dated December 18, 2020 found
that the applicant had a "nerve injury" to her right small finger, and that she be
examined by a neurologist, and treated for bilateral carpal tunnel syndrome.
Joint Exhibit 1, pages 3-4. The applicant then changed treating doctors to Dr.
Scheinberg, who examined the applicant on March 3, 2021, and found that the
applicant was "status post shock to the right upper extremity resulting in possible
ulnar nerve damage." Id. at page 4. On May 12, 2021, Dr. Scheinberg issued a
Permanent and Stationary report, finding that the applicant had 0% PD, and no
apportionment. Id. at page 5.