Thank you for agreeing to examine Ms. Alma Quiz as a Panel Qualified Medical Evaluator. The examination is scheduled to take place at your office on June 14, 2017 at 1:00 pm. A copy of all the medical file currently in our possession were forwarded to you on May 15, 2017. Additional medical records will be forwarded to you under a separate cover. We took the applicant’s deposition on October 26, 2016. The deposition transcript is also included in the medical file. Please review all the records thoroughly and include their contents in your conclusions. Background Two Application for Adjudication of Claim have been filed. The first Application has alleged an injury as a result of an acute incident on March 5, 2015, to the upper extremity, …show more content…
The report notes a prior shoulder surgery in 2002, on the right shoulder. An X-ray was done of the left shoulder, which did reveal degenerative changes in the acromioclavicular joint, as well as post-surgical changes, and degenerative changes on the right side in the acromioclavicular joint. The applicant was subsequently referred to an orthopedic surgeon, Dr. Peter Simonian. An MRI of the right shoulder was conducted on April 10, 2015, which noted tendinopathy of the supraspinatus and infraspinatus tendons. No tear of the rotator cuff, but a superior labrum anterior to posterior tear extending to the posterior labrum, as well as post-surgical changes. The MRI of the left shoulder also revealed a superior labrum anterior to posterior tear, as well as a low grade partial tear of the supraspinatus tendon, but no rotator cuff tear. There were notable degenerative changes. On May 17, 2016, the applicant underwent arthroscopic subacromial decompression and debridement, and possible distal clavicle excision, on the left shoulder. On [blank], right shoulder …show more content…
Also, the applicant testified that she had a subsequent employment with Golden Valley Distribution. She testified she was hired on June 1, 2015, as a Merchandiser. She worked there until May 11, 2016. Her job duties there are essentially the same as her job duties at the time of her alleged injuries here. Please advise if the applicant’s subsequent employment may have, within a reasonable medical probability, contributed to her present level of permanent disability due to an aggravation. Per the en banc decision of Escobedo v. Marshalls (2005) 70 Cal. Com. Cases 604, a doctor must analyze apportionment of permanent disability based on causation, which refers to the causation of the permanent disability, not causation of injury. In other words, permanent disability is evaluated based on applicant’s condition at the time of the permanent and stationary determination. Apportionment shall be given to factors contributing to the present permanent disability, which shall include factors from the injury, pre-injury condition, and post-injury
The first claim was a specific injury claim dated 2/2015 with a second cumulative injury CT: claim from 6/2014 through 6/2015. The injuries in the specific claim stem of having injuries to the claimant’s back, lower extremities and a left knee claim injury. He said the second claim is a CT: 6/2014 through 6/2015 claim of injuries that stem from bilateral shoulders, back, lower extremities, left elbow, hands, fingers, legs, bilateral knees, stress, and anxiety. In his opinion, Witness Flores believes that the claimant is “retaliating” against him after he told the claimant sometime in 2014 that the claimants youngest sister, Juana Lopez Valadez was having an affair with a Pastor at a local church where the claimant 's family and his family attend.
Doshi, 2017). Doshi was able to support the fact that it had limited responsibility in the patient’s care, by performing and interpreting the sonogram and thus the motion for summary judgment was properly granted (Neyman v. Doshi, 2017). In the case against Sorkin, the plaintiff’s burden in proving medical malpractice was only to bring enough evidence that a reasonable person could deduct that it was more likely than not that injury was caused by the defendant (Neyman v. Doshi, 2017). The main supporting factor that lost the case for Sorkin was the fact that he could not refute the suggestion by the plaintiff’s expert that if chemotherapy would have been initiated sooner, then that patient’s outcome could have been better (Neyman v. Doshi, 2017). Had perhaps the patient been diagnosed and treatment began earlier her chance of recovery could have increased and the incidence of suffering reduced; therefore Sorkin diminished the patient’s chance of an improved outcome (Neyman v. Doshi,
Failure to state a claim upon which relief can be granted: Motion 12(b)(6). The first motion my office can file on your behalf is Failure to state a claim upon which relief can be granted in accordance to federal rules of civil procedure 12(b)(6). Upon reading the complaint, it was brought to my attention that the complaint lacked prima facie facts of the accident such as in what way
As you know I have been trying to meet with you to discuss your case with you since January of this year. Specifically, you had appointments scheduled for January 20, 2017, January 24, 2017, February 9, 2017, February 24, 2017 and, March 21, 2017. You failed to keep any of these appointments. The reason I wanted to meet with you was to explain why I was not interested in pursuing this case.
The DDS proposed a medical cessation as of 11/10/16 due to failure to cooperate. The evidence in file is insufficient to assess the claimant’s condition. However, proper closeout procedures were not followed.
Also, she will testify that practice for the year had commenced in June 2011 and the team practiced approximately 3-4 times per week. She will testify on the day of the plaintiff’s injury she was properly supervising practice and that she was only four to five feet away from the group when the injury
The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.
3. The Claimant was a patient of the Defendant during the period of February, 2013 through May, 2013. 4. The Defendant owed a duty to Claimant to help sustain confidentiality and protect the affluent mental health records
In this case, Brunner failed to persuade the ALJ that her disability was the natural and proximate result of her fall on December 10, 2003. The ALJ was free to find Draper’s opinions more credible than Fanchetti’s “conclusory” assessment. Draper’s testimony that Brunner’s disability was the result of preexisting degenerative disc disease constitutes substantial evidence supporting the ALJ’s finding. Moreover, Draper’s testimony was supported by medical records originating before the alleged fall.
Cerebral Vascular Accident Case Argument for Social Security Disability Income Determination I evaluated the following case study from Medical, Psychosocial and Vocational Aspects of Disabilities the fourth edition, Brodwin, Siu, Howard, Brodwin, & Du (2014) and presented a case argument including a vocational argument in favor of La Shaun Jackson’s award for Social Security Disability Income (SSDI). “La Shaun Jackson is a 59-year old African American widow with an adopted 15-year old boy who has a record of substance abuse and juvenile delinquency. She has worked as a Claims Processor for the Internal Revenue Service (IRS) in Fresno, California for over five years. Prior to returning to school to earn her Associates of Arts Degree in accounting,
The first one is rated at 15%. However, the rest are rated as a percentage of the leftover percentage out of 100%. The second disability is rated at 12.75% (15% multiplied by the remaining 85%), and the third, and fourth ones are rated even lower, in a step-down succession. As a result, the total compensation is usually much lower than you would
As a result of the shoulder dislocation, Blair tore his labrum. Dr. Armin Tehrany diagnosed Blair with a labrum tear after a complete evaluation
Forrester’s injuries to her left leg and head, she has been unable to return to work since the February 26, 2014 accident involving Richard Hart. Mrs. Forrester’s lost wages are $ 74,997 and she was earning $ 100,000 annually plus medical and dental benefits when the accident occurred. Per her doctors, she is not expected to return to any type of employment for another year minimum. Mrs. Forrester was placed on FMLA for the first 12 weeks of her injury but since has been terminated from her position and has a future loss of earnings capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current estimated loss value of her earning capacity combined is $100,000.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.