Marion Agro — ADJ11889290

Marion Agro, a 53-year-old retail sales clerk, sustained an industrial injury on 11/1/2016 to her neck, back, head, vision, brain, and psyche. The principal dispute concerned the permanent disability rating for Post Traumatic Visual Syndrome (PTVS), with PQME neurologist Dr. Robert Shorr assigning a 15% WPI rating using a Class II impairment under Table 12-4 of the AMA Guides. Defendant argued Dr. Shorr should have used a Class I rating (since the applicant had near-normal visual acuity and prism glasses might further correct her diplopia) and that the medical record should have been further developed. The WCJ found the rating was the equivalent of an Almaraz-Guzman analysis because no AMA Guide directly addresses cranial nerve/vision syndrome impairments, and that reducing PD based on untested prism glasses would be speculative. The WCAB adopted the WCJ's report, found Dr. Shorr's and AME optometrist Dr. Garbus' opinions to be substantial medical evidence, and denied reconsideration, affirming the 70% PD finding.