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.
QMENot substantial evidence · orthopedic surgeon
Provided reports in 1985 and 1987 evaluating applicant's injuries.
From the decision · page 2BACKGROUND
In case number ADJ4241704, applicant claimed injury to various body parts while
employed by defendant as a working area manager as a result of a work-related motor vehicle
accident on July 20, 1982. In case number ADJ4098181, applicant claimed injury to various body
parts while employed by defendant as a working area manager, during the period from January 31,
1983 to January 31, 1984.
Both cases went to trial in 1988 and again in 2024. We will briefly review the relevant facts
leading up to the 1988 trial. 2
From 1982 until 2016, applicant's primary treating doctor was orthopedic surgeon M.
Robert Ching, M.D. (Minutes of Hearing / Summary of Evidence [MOH/SOE], June 5, 2024 trial,
p. 2; MOH/SOE, February 17, 1988 trial, p. 4.)
Applicant was evaluated by orthopedic qualified medical evaluator (QME) Andrew Burt,
M.D., who issued reports on May 15, 1985 (Exhibit A) and May 4, 1987 (Exhibit C).
QMENot substantial evidence · orthopedic surgeon
Provided a report in 1987 evaluating applicant's injuries.
From the decision · page 2Applicant
was also evaluated by defense QME Joel Renbaum, M.D., who issued a report on January 5, 1987.
(Exhibit B.)
On February 17, 1988, the matter proceeded to trial, before the previous WCJ. Applicant
was the only witness to provide testimony at trial. Although the medical reports were not described
individually in the summary of evidence, reports from both applicant and defendant were admitted
into evidence. (MOH/SOE February 17, 1988 trial, p. 2.)
On September 7, 1988, the WCJ issued a Joint Findings and Award, which was based on
applicant's testimony and medical reports, particularly Dr. Burt's May 4, 1987 report. (Opinion
on Decision, dated September 7, 1988, p. 1.) In pertinent part, he found that applicant sustained
industrial injury during the period from January 31, 1983 to January 31, 1984 and on July 20, 1982
secondary_treaterPartially credited · orthopedic surgeon
Diagnosed multilevel cervical spondylosis and recommended physical therapy; did not opine on industrial causation.
Did not opine on industrial causation but provided diagnosis and treatment recommendation for cervical spine condition.
From the decision · page 9On October 26, 2004, Dr. Sun took applicant's history, examined applicant, and reviewed
imaging of applicant's cervical and lumbar spine. He diagnosed multilevel cervical spondylosis,
C4 to C7 and recommended treatment.
PTPRelied upon · orthopedic surgeon
Primary treating physician from 1982 to 2016; opined cervical DJD and radiculopathy were industrially related and required treatment.
Provided a well-reasoned opinion linking cervical spine condition to industrial injury and need for treatment.
From the decision · page 10Dr. Ching, applicant's primary treating physician from 1982 until 2016, stated in a
November 2, 2012 report that: "We have been focusing on the follow up of his left hip, but patient
states that his neck and left shoulder has continued to give him pain. He has numbness and tingling
in his left upper extremity and left hand involving fingers one to four." He diagnosed applicant
with cervical DJD with left neuroforaminal encroachment at multiple levels and left upper
extremity cervical radiculopathy. He determined that the injury, and therefore the need for medical
treatment was industrially related "in view of the immediate symptoms he had right after his
industrial injury 28 years ago."
QMERelied upon
Diagnosed progressive neck pain and degenerative changes related 50% to motor vehicle accident; recommended further testing and treatment.
Provided substantial medical evidence supporting compensable consequence injury and need for treatment.
From the decision · page 9In his February 14, 2013 report, PQME Dr. Xeller discussed applicant's ongoing neck pain,
and he noted that in 1982, following the high speed rollover automobile accident, applicant had a
cervical collar and had multiple injuries to his head, spine, upper extremities, and lower