 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State11/19/2004
Parrish's Excal work effort contributed in a material fashion to the aggravation of the degenerative back condition is a question of fact. The record contains substantial evidence to prove that fact.
[ ] In this case the record specifically shows that in April 1994, Parrish began employment with Excal, Inc. As a part of this employment at Excal, Inc., Parrish moved patterns weighing 75 to 100 pounds and sorted castings weighing up to 30 pounds. In early to mid-December 1994, about eight months after starting work with Excal, Inc., Parrish went to see Dr. Johans upon referral by Dr. Holyfield. Dr. Johans noted that Parrish was doing reasonably well until four months ago when insidiously he developed severe neck and back pain and subscapular pain which subsequently over the next week started to radiate all the way down his left arm into the thumb, index, and long fingers. This pain then became increasingly severe, and Parrish developed numbness about two months ago. Dr. Johans subsequently performed a C6-7 diskectomy upon Parrish on December 15, 1994.
[ ] In April 1998, Dr. Metz ordered an MRI of Parrish' lumrosacral spine, which revealed a small to moderate sized right foraminal disk herniation at L2-3. At this time, Parrish indicated that he had been experiencing low back pain with right groin pain for three weeks, with two episodes of pain shooting down to the level of the right heel. In early December 1999, Parrish saw Dr. Narotzky. His medical records recounted that Parrish had difficulty with his lower back since 1997 and, two weeks previous to his appointment, Parrish had been bending at work and developed severe pain in his left leg with pain that radiated into the anteromedial thigh and medial calf. Another MRI then revealed a far right lateral and foraminal disk herniation at L4-5 which had progressed from the previous examination and a far left lateral and foraminal disk herniation at L3-4, which was a new finding from the April 1998 MRI study.
[ ] In mid-April 2000, Dr. Narotzky performed a microlumbar diskectomy on Parrish's lower back. In early November 2000, Parrish submitted to another MRI. This testing revealed some slight disk bulging toward the right side of the L4 level. In late November 2000, Parrish complained of right-sided low back pain. Dr. Narotzky attributed this pain to the L4-5 disk. Even as late as February 25, 2002, when Parrish saw Dr. Stenfors-Dacre, not for treatment purposes but for an independent medical evaluation, she indicated in her records that Parrish reported his symptoms to begin in approximately 1994; prior to that Parrish had no cervical or lumbosacral back pain, with no history to either area, and his symptoms then began suddenly. In fact, Parrish reported to Dr. Stenfors-Dacre that prior to that date he had no specific back symptoms and no history of injury to his back, either at work or elsewhere.
[ ] There is no dispute that Parrish's back began to degenerate before he began employment with Excal, Inc. Dr. Stenfors-Dacre unequivocally stated that back degeneration begins upon birth, and Parrish performed repetitive heavy lifting in the foundry industry beginning in 1976 that would have hastened the degenerative process. However, she further indicated that any injury would likewise hasten or cause the disk degeneration process. While Parrish had prior soreness, stiffness, and some pain in his arms and back, the record establishes that Parrish did not experience severe enough pain in the cervical and lumbar spine to seek medical assistance until November 1994, approximately eight months after he had been employed by Excal, Inc. Subsequently, Parrish continued to experience severe back problems when he remained employed at Exc
Page 1 2 3 4 5 6 7 8 9 10 11 12 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|