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Raytheon Aerospace Support Services v. Miller7/30/2002
any other doctor when he saw her on August 6, 1996. Also, Dr. Stanback admitted that as of his deposition on September 3, 1996, he still had not seen any records from any other physician except a report of Dr. Manuel Carro dated May 13, 1997. Dr. Stanback testified that the only diagnosis he made relating to her work injuries was lumbar strain and causalgia. Dr. Stanback did acknowledge that he did neurological examinations of Miller's back. He testified that every examination was normal. Dr. Stanback testified that her motor vehicle accident of August 20, 1997 caused injuries to her chest and left knee. Dr. Stanback had told Miller that if she were having any more problems that she should come back to see him, but as of the deposition, no return visit had been scheduled. Dr. Stanback was also of the opinion that she had reached maximum medical improvement from her work injuries but not from her motor vehicle accident. However, Dr. Stanback was unable to assign any specific date of maximum medical improvement, other than it occurred sometime before her motor vehicle accident of August 20, 1997. Dr. Stanback also testified that when he gave her restrictions in the March 13, 1997 letter, that he would define heavy lifting as anything more than twenty-five pounds. He stated that bending and stooping was not to be done on a repetitive basis.
. Dr. Stanback was deposed a second time on March 18, 1998. Dr. Stanback testified that he had treated Miller following a motor vehicle accident. He saw Miller on August 20, 1997. Dr. Stanback testified that he had seen her the day before the deposition, which would have been March 17, 1998. Dr. Stanback testified that he had some mistakes in the notes he had written back on August 20, 1997. Dr. Stanback testified "she fell once back in May, I believe, or June, and hurt her knee. Her left knee and right - her right knee and her left arm or vice versa. She reached in the closet to pull out a buffer on August 6 and hurt her back, she had a back strain. These two things are separate injuries on-the-job." Dr. Stanback said that he had taken notes from the March 17, 1998 visit and that he had jotted down information. However, he was unable to find the note. He stated that he had gotten her history of two different on-the-job injuries and written them on a prescription pad, which he was unable to find as of the time of the deposition.
. When questioned in more detail about his discussion with Miller on March 17, 1998, Dr. Stanback said it was his understanding that when she fell the first time at work the only thing she hurt was her knee and her arm. It was his understanding that when she was hurt in August that she strained her back. Dr. Stanback testified that when she had the motor vehicle accident that she had multiple contusions and possibly muscle strains or "something." He also acknowledged that she reported problems with her chest, neck and left knee. Dr. Stanback acknowledged that when he saw her for follow up on September 3 that her knee was still hurting. Dr. Stanback testified that as of September 17, 1997, she was released to return to work or "whatever" from the motor vehicle accident.
. Dr. Stanback continued to treat Miller through January 5, 1998, for left leg and low back pain. At that visit, he informed her that she was 100% disabled due to her on-the-job injuries. At this point, Dr. Stanback acknowledged that in his previous deposition, he had given her restrictions of no bending, stooping, lifting or holding any weight and that heavy weights meant twenty-five pounds. In his current deposition, Dr. Stanback stated that heavy weight meant that she could not lift anything. It was his opinion that she could not even lift up to twenty-five
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