This case involved an accepted date of injury. The PQME provided a report finding 0% whole person impairment. Thereafter, applicant’s attorney obtained a PTP report finding applicant to have 8% whole person impairment for the cervical spine and 7% whole person impairment for the lumbar spine.
The matter proceeding to Trial, which included testimony from the applicant. Defendant’s cross examination focused on applicant’s concurrent employment to rebut claims of physical limitations. The parties were to produce Trial Briefs. Defendant’s Trial Brief highlighted the issues with the PTP reporting, including the fact that the PTP findings of impairment were not substantiated.
Based largely on this reasoning, the Judge was able to make a finding of a permanent disability award of 0 percent, and other findings, relying on the PQME reporting.
To view a copy of the Findings, please click here.