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 · Chiropractor
Found an industrial injury to the lumbar spine and confirmed the injury was specific; initially deferred hernia evaluation to appropriate specialty; found no evidence to support cumulative trauma.
Supported by medical records and applicant testimony; no cumulative trauma evidence.
From the decision · page 4FACTS
1. Background.
In case no. ADJ16629567, applicant, while employed on February 9, 2021,
as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claimed to have sustained AOE/COE in the form of a hernia and to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
In case no. ADJ15190569, the applicant, while employed during the period through June
9, 2021, as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claims to have sustained injury AOE/COE in the form of a hernia, to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
Edward Tang, D.C. is the Panel Qualified Medical Evaluator (PQME) for both cases. Peter
McDuff, M.D. is a prior QME in these cases, and Lance Miller, D.C. is the treating physician. The
issue for trial in both cases was injury arising out of and in the course of employment, with
defendant asserting a post-termination defense, as well as the statute of limitations defense. All
other issues were deferred. The case proceeded to trial on May 4, 2023, with additional testimony
on June 8, 2023.
QMEGiven great weight · Chiropractor
Provided evaluation report supporting specific injury; date of injury noted as June 9, 2021 in report but applicant testified to February 9, 2021.
Report supports specific injury; date discrepancy noted but applicant's testimony accepted.
From the decision · page 4FACTS
1. Background.
In case no. ADJ16629567, applicant, while employed on February 9, 2021,
as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claimed to have sustained AOE/COE in the form of a hernia and to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
In case no. ADJ15190569, the applicant, while employed during the period through June
9, 2021, as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claims to have sustained injury AOE/COE in the form of a hernia, to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
Edward Tang, D.C. is the Panel Qualified Medical Evaluator (PQME) for both cases. Peter
McDuff, M.D. is a prior QME in these cases, and Lance Miller, D.C. is the treating physician. The
issue for trial in both cases was injury arising out of and in the course of employment, with
defendant asserting a post-termination defense, as well as the statute of limitations defense. All
other issues were deferred. The case proceeded to trial on May 4, 2023, with additional testimony
on June 8, 2023.
PTPRelied upon · Chiropractor
Observed loss of lumbar range of motion and diagnosed lumbar sprain and strain consistent with reported injury mechanism; found cumulative trauma to neck and right shoulder.
Physical findings support injury; cumulative trauma opinion noted but incomplete.
From the decision · page 4FACTS
1. Background.
In case no. ADJ16629567, applicant, while employed on February 9, 2021,
as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claimed to have sustained AOE/COE in the form of a hernia and to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
In case no. ADJ15190569, the applicant, while employed during the period through June
9, 2021, as a gardener in Richmond, California, by Gardeners' Guild, insured by Federal Insurance
Company, claims to have sustained injury AOE/COE in the form of a hernia, to his bilateral hands,
bilateral hips, spine, and bilateral shoulders.
Edward Tang, D.C. is the Panel Qualified Medical Evaluator (PQME) for both cases. Peter
McDuff, M.D. is a prior QME in these cases, and Lance Miller, D.C. is the treating physician. The
issue for trial in both cases was injury arising out of and in the course of employment, with
defendant asserting a post-termination defense, as well as the statute of limitations defense. All
other issues were deferred. The case proceeded to trial on May 4, 2023, with additional testimony
on June 8, 2023.