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.
AMERelied upon · orthopedics
Found injury to low back, right shoulder, right wrist, and neck with work restrictions precluding customary work as a truck driver.
From the decision · page 2FACTS
Applicant, while working as a cement truck driver on January 31, 2006, sustained injury to
his lumbar spine, right shoulder, right wrist, and ribs and claimed injury to his head, jaw, teeth,
nose, right clavicle, lungs, thoracic spine, hips, pelvis, knees, sexual disfunction, ankles, bowel
disfunction, urinary disfunction, sleep, hearing, skin, nervous system, psyche and esophagus.
There are several AMEs who have issued reports in this case. As relevant here, following
is a brief summary of each.
The AME in orthopedics is Jaime Contreras, M.D. Dr. Contreras issued several reports, the
most recent of which is dated June 14, 2017, following his evaluation of applicant. (Joint Exh. T1.)
He found that applicant sustained injury to his low back, right shoulder, right wrist, and neck. He
opined that applicant had lost 50% of pre-injury capacity for lifting, bending, reaching, and
grasping, as well as a 25% loss in the low back for standing, walking, and climbing and a 25% loss
in the neck for sitting and standing. (Id. at p. 11.) He provided work restrictions that restricted
heavy lifting, repetitive bending, prolonged standing, prolonged walking, and repetitive climbing,
and pushing, pulling, grasping, and gripping with the right upper extremity. He concluded that
applicant would be precluded from his customary work as a truck driver. (Id. at p.
AMERelied upon · neurology
Found whole person impairment of 14% including memory and headache issues; advised avoiding hazardous machinery or heights.
From the decision · page 212.)
Ronald Kent, M.D., Ph.D., was selected as the AME in neurology. His most recent report
was dated May 7, 2010 (Joint Exh. X2), but his last evaluation of applicant was March 2, 2010
(Joint Exh. X3). He found applicant was at maximum medical improvement from a neurological
standpoint on May 5, 2009. (Joint Exh. X6.) He concluded that applicant had whole person
impairment (WPI) of 14%, including 8% due to residual difficulty with recent memory and
impairment for headaches. He also noted that, "based on the occasional incidence of dizziness or
imbalance, it would be appropriate to avoid activities requiring exposure to hazardous machinery
or unprotected heights." (Id. at p. 25.) His later reports did not change any of these opinions.
On November 22, 2016, Dr. Kent was deposed. (Joint Exh. X1.) He was questioned about
applicant's opiate use, particularly the use of Fentanyl and Percocet, in addition to several other
medications. Dr. Kent opined based on counsel's hypothetical enumeration of the medications
AMERelied upon · neuropsyche
Issued report on neuropsyche with no comment on work restrictions.
From the decision · page 3James Jennison, Ph.D., was the AME for neuropsyche. He issued one report dated May 28,
2009. (Joint Exh. Z1.) There was no comment on work restrictions.
AMERelied upon · internal medicine
Found impairment for lung disorder, gastritis, digestive problems, sexual dysfunction, and sleep disorder.
From the decision · page 3Stanley J. Majcher, M.D., acted as the AME in internal medicine. He last evaluated
applicant on May 5, 2017. From an internal medicine standpoint, he found impairment for a lung
disorder, gastritis, lower digestive problems, sexual disfunction, and a sleep disorder.
AMERelied upon · dentistry
Found impairment for mastication, speech, trigeminal neuropathic disorder; provided work restrictions.
From the decision · page 3Joseph Schames, D.M.D, acted as the AME for dentistry. He evaluated applicant on
October 28, 2010 (Joint Exh. Y6) and issued five reports. He found impairment for mastication,
speech, trigeminal neuropathic disorder. He provided the following work restrictions:
AMERelied upon · otolaryngology
Found hearing loss and recommended hearing aids; deferred work restrictions to orthopedics.
From the decision · page 3The parties also utilized Geoffrey Smith, M.D., as an AME in Otolaryngologist (ENT), and
he last evaluated applicant on July 10, 2017. He opined that applicant would benefit from hearing
aids due to hearing loss in both ears. He did not provide work restrictions and deferred to
orthopedics. (Joint Exh. V2.)
AMERelied upon · psychiatry
Found mild depressive symptoms and opioid-related disorder; 35% of impairment caused by industrial injury; no diagnosis of pain condition.
From the decision · page 3The AME in psychiatry was David Davis, M.D., and he last evaluated applicant on October
24, 2019. (Joint Exh. W2.) He had some concerns about applicant's credibility but ultimately found
that his depressive symptoms and difficulty with concentration were in the very mild range. He
provided a number of diagnoses, including an opioid related disorder as well as a learning