No. 557 C.D. 2022
OPINION BY: Judge McCullough / FILED: February 26, 2024
In a Nutshell: Failure Of The IRE Physician To Review Three Years’ Worth Of Medical Records Leading Up To The Date Of The IRE Examination Does Not Invalidate His Impairment Rating Based Upon Lack Of An Adequate Foundation.
In support of the Petition for Modification filed by Employer, the testimony of John A. Kline, M.D. (Dr. Kline) was taken. This physician, who examined Claimant on August 11, 2020, testified that Claimant had a whole person impairment rating of 11% under the AMA Guides.
On appeal, Claimant challenged the validity of the medical opinion of this physician pointing out that he had failed to review medical records reflecting medical treatment of Claimant over the three-year period leading up to the date of the IRE.
The Court noted that Dr. Kline had taken a medical history from Claimant, reviewed medical records and diagnostic studies, and had performed a physical examination. Additionally, the Court thought it was significant that Dr. Kline had reviewed an October 2, 2020 report from Claimant’s treating physician reflecting that physician‘s belief that Claimant was fully and completely disabled despite any impairment rating.
The Court rejected the argument advanced by Claimant that Dr. Kline failed to review all pertinent medical records as required under the AMA Guides and that his failure to do so resulted in an inadequate foundation for his IRE testimony.
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