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[T] Sutton v. Mission St. Joseph's Hospital2/3/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Plaintiff worked for defendant-employer Mission St. Joseph's Hospital (St. Joseph's) as a cardiovascular technologist. On the morning of 18 July 2000, plaintiff assisted hospital personnel in moving a patient using a mechanism known as a surgi-lift. Plaintiff experienced a sharp pain in his lower back radiating into his left leg. Plaintiff worked for the remainder of that day and the following day.
Plaintiff experienced difficulty getting up on 20 July 2000 and went to St. Joseph's emergency room complaining of increasingpain and spasms in his lower back. Plaintiff requested that the emergency room physician contact Dr. Cleveland Thompson (Dr. Thompson), an anesthesiologist and pain specialist who had been treating plaintiff since October 1999, following cervical disc surgery in June 1999. Dr. Thompson was unable to see plaintiff, but a referral was made for plaintiff to see Dr. Paul Saenger (Dr. Saenger), an orthopedic surgeon. Dr. Saenger noted, during plaintiff's examination on 20 July 2000, plaintiff's extensive history of back trouble and in particular that plaintiff had been experiencing three months of significant pain in his lower back extending into his left lower extremity. Dr. Saenger referred plaintiff to Dr. Stephen David (Dr. David).
Dr. David, an orthopaedic spine surgeon, saw plaintiff on 21 July 2000 and reviewed plaintiff's myelogram and CAT scan of 29 May 2000. Dr. David suggested plaintiff return to Dr. Thompson for management of his chronic pain. Dr. David released plaintiff to return to work with restrictions on the scope of his duties; however, plaintiff did not return to work.
Plaintiff saw Dr. David again on 1 August 2000 and reported that he was experiencing pain in his back and leg, which prevented him from working. Dr. David exempted plaintiff from work pending the results of a scheduled MRI examination. After reviewing the results of the MRI examination and plaintiff's medical history, Dr. David wrote to St. Joseph's workers' compensation administrator on 21 September 2000 stating that he believed plaintiff was capable of driving to work. Plaintiff had previously explained he was unableto get to work due to the pain in his back. Dr. David wrote that, in his opinion, plaintiff's subjective complaints "appeared to be mostly similar to that documented before his occurrence on July 1 th. There is obvious understandable fluctuation in his level of symptoms, which is typical of his diagnosis."
In June 2000, Dr. Thompson had stopped providing medical management to chronic pain patients and on 27 July 2000 plaintiff began to see Dr. Lesco Rogers (Dr. Rogers). Dr. Rogers continued plaintiff's medications throughout the summer and fall of 2000. In addition, plaintiff saw Dr. Keith Maxwell (Dr. Maxwell), the spine surgeon who had performed plaintiff's cervical disk surgery in June 1999. Dr. Maxwell ordered a discogram procedure on 19 December 2000. Based on plaintiff's history and the findings of the discogram, Dr. Maxwell performed an anterior diskectomy and a fusion utilizing BAK cages on 29 January 2001. Plaintiff developed increased back and leg pain following surgery.
Plaintiff filed a claim with the North Carolina Industrial Commission in August 2000 alleging he had experienced a lower back injury while working for St. Joseph's. Plaintiff's claim was denied by a deputy commissioner in an opinion and award filed 21 November 2001, which concluded that plaintiff h
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