Admittedly, my file on this matter is fairly limited. We were recently joined into this claim as a co-defendant. I believe we are in the process of securing additional records (i.e., medical records and medical-legal records) from our co-defendant, Employer Assurance Fund, who is administering this claim.
The evidence in file supports a more restrictive RFC. The claimant could not be expected to lift 50 lbs. occasionally and 25 lbs frequently on a sustained basis. At most, he could lift up to 20 lbs. occasionally and 10 lbs frequently and would be limited to occasional posturals; he should avoid ladders, dangerous machinery, and unprotected heights.
This deposition was scheduled for the testimony of your consultant, Dr. Belmonte. Dr. Belmonte examined the claimant on two occasions, the first was on 12/29/16 and the second on 04/12/17. In his 04/12/17report, he finds that the claimant is at maximum medical
The evidence in file shows the claimant has a history of memory loss since 2015. On 12/23/15, the claimant seemed more depressed she was unkempt and non-compliant with medication. She notes she started to care less about herself after the death of her mother The office visit on 9/7/16 shows the claimant continued isolating herself
Claimant’s family members and colleagues concerning the accused loss of function in daily activities of living.
Dr. Swartz then indicated based on the questionnaire completed by the injured worker at the time of his evaluation in or about June 2016, the applicant’s activities of daily living were not significantly effective. It is noted on the record the injured worker claimed he was able to do various activities. Based on the
Claimant reports history of multiple medical complaints. Since the age of 60 she reports struggling with urinary incontinence, which impacts her functioning at work. She reports feeling ashamed and guilty that she is unable to control her urination and has the need to periodically utilize the restroom or go to her car taking time away from her responsibilities. In the past few years claimant has severe intensification of physical symptoms, including back pain, right shoulder and hand weakness, blood pressure, headaches, sleep difficulty, and depression-related fluctuating appetite, fatigue and sluggishness. She reports experiencing heart palpitations present (racing heart), dizziness, and fear of actual fainting, a feeling of choking and not being able to breathe, chest pains, nausea or intestinal pains, shortness of breath, tremors in the hands, hot flashes and tunnel vision. The claimant reports that she sleeps very minimally; averaging 3-4 hours of sleep per night on an interrupted basis due to physical and emotional pain. She reports that she has very poor mobility due to pain and depression-related poor motivation.
The claimant reports feeling sad, experiences low energy, is extremely worried and has significant difficulty adjusting to all the changes in his life. He reports feeling inadequate, powerless and empty inside, withdrawn and chronically lethargic and fatigued, which impacts his ability to function. He reports he has difficulty concentrating, is easily distracted and irritable. He reports experiencing interpersonal withdrawal and isolation from his friends. The claimant reports that he sleeps very minimally on an interrupted basis due to emotional pain (i.e., racing thoughts, worries, feelings of helplessness and worthlessness, nightmares and waking frequently).
The patient is very independent in his home and is able to perform all ADLS within the home without any addtional assistance. MSW asked patient if he was interested in any addtional care giving support in the home, but patient declined addtional support at this time. Patinet stated he gets transportation from his neiabors to the store when needed. MSW offered the patient additional transportation services, but the patient declined needing any addtional transportation services at this time.Patient reported falling back in 2004 off the steps and was air lifted to the hospital. Patient reports having diffculty paying doctors and helicoter bills. Patinet's only income is through SS for $847. Patient reported that was the only time he was fallen in his life. Patinet has only been in the hospital two times during his lifetime. MSW offered life alert services, but the patient was not interested. Patient stated his only concern was being able to afford his doctor and helicotor transportion bills. MSW connected AHCCCS and spoke to represtative regarding getting patient signed up for the medicare savings program. Representative stated the patient has already applied for AHCCCS back in
His thoughts were logical and coherent. He appeared somewhat measured in relating emotionally laden information. He was goal directed, however. He identified auditory hallucinations of people “yelling and screaming” and gunshots/explosions were identified. His basic level of intellectual development revealed probable upper low average to low end of average intelligence. Dr. DeRoeck diagnosed the claimant with Post Traumatic Stress Disorder (Chronic), Unspecified Depressive Disorder, Alcohol/Cannabis Use Disorder (in early remission). Dr. DeRoeck opined the claimant’s impairment would interfere with activities of daily living associated with increased social isolation. He shops minimally particularly if the store is crowded. He also interact with his children. He can dress, groom, and bathe without prompting or supervision. His capacity to communicate and interact in a socially adequate manner is limited by the impairment. He avoids eye contact and has limited tolerance for interaction with others. In addition, his capacity to cope with the typical mental demands of basic work-like tasks is limited by his impairment. He also has difficulty coping with stress in job-related activities. His capacity to sustain persistence is
During the time of the claimant met with Jessica McClellan and Supervisor Jovany Villanueva, he alleged that the claimant never reported or complained about her alleged injuries that she had in her claim. He states prior to the claimant being called into the office on 2-21-15, he had not seen or heard the claimant complain of being injured at work prior to when being called into the office. The claimant did not attempt to either contact him or anyone else he is aware of that knew of the claimants injuries.
Following the last hearing the claimant returned to Windustrial on or about 06/16/2017 with a light duty note and sought to return to work. The purpose of today’s conference was to fashion a response. It was my understanding the employer did not want to take the claimant back to work and wanted to make sure they correctly fashioned a response to this action on his part.