Jones Jones LLC congratulates Associate Kevin Moy and his team on successfully rebutting an administrative review of a Workers’ Compensation Law Judge (WCLJ) decision.
In this case, the claim was previously established for injuries involving the claimant’s right wrist and hand, both knees, right foot and right shoulder. Two independent medical examiners (IMEs) assessed the claimant. The first IME evaluated the claimant in 2022, and after several visits examining the injuries, conducted a permanency exam assessing 70% SLU of the right shoulder.
In a deposition facilitated by Jones Jones Associate Samantha Sokoloff, the IME noted the claimant’s extreme range of motion deficits due to forgoing surgery to the right shoulder, and inflammation that waxes and wanes with the weather influenced their assessment. A second IME later examined the claimant and assessed a 20% SLU of the right arm, and 10% SLU of the left leg. The WCLJ deemed the second IME more credible, and their assessment was used in the deliberation.
In its application for administrative review, the claimant argued the WCLJ had erred in deeming the first IME’s testimony as less credible. Moy and his team contended the WCLJ’s decision should be affirmed as the first IME’s findings were inconsistent due to basing their assessment on the claimant’s range of motion changing day to day and did not consider that the claimant had previously returned to work without restriction before gaining an additional injury. The team also shared that the first IME had included consideration of mild abnormalities in internal/external rotations in his original opinion, conflicting with Chapter 5.4 under the 2018 impairment guidelines, which states these considerations should not be added to avoid cumulative values.
Moy and his team’s extensive research, along with Sokoloff’s thorough questioning, secured an affirmation from the Board on the WCLJ’s original decision. If you require assistance with a workers’ compensation case, please contact our appellate team at concierge@jonesjonesllc.com.