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Mendoza v. Stewart & Associates12/26/2001
AFFIRMED
Mr. Troy Mendoza appeals the judgment of the trial court finding that he had forfeited his right to worker's compensation benefits by willful misrepresentations to obtain benefits. Mr. Mendoza filed an action for benefits against Stewart &Associates;Electricians, alleging that he lost his balance on a ladder at work, fell six feet onto a computer main frame and then to the floor. He averred that he suffered a back injury which prevents his return to employment. State Farm Fire & Marine Insurance Company is the compensation insurer for Stewart. For the following reasons we affirm.
The following facts were adduced at trial from the testimony as well as from medical records admitted into evidence. The only witness to testify was Mr. Mendoza. He stated that the accident occurred on March 26, 1999, and that he first saw his family physician, Dr. George Guzzardo, on March 30,1999. Dr. Guzzardo prescribed bed rest, pain medication, and ordered x-rays. Dr. Guzzardo explained that the x-rays showed spondylolisthesis, a congenital back defect, and diagnosed lumbar strain. Mendoza was subsequently referred to an orthopedic surgeon, Dr. John Cazale, whom he saw on April 22. Dr. Cazale agreed on the diagnosis of spondylolisthesis and also suggested bed rest, and ordered a bone scan and an MRI. Mendoza underwent physical therapy for three months as recommended by those physicians. At one point during therapy, he felt a pop and then a sharp pain in his back, and was advised by Dr. Cazale to stop the exercises. Dr. Cazale reported that he did not see where anything could have gone wrong just doing stretching exercises. He felt that it would be difficult to get Mr. Mendoza to go back to work.
Dr. Cazale's report indicated that he found Mr. Mendoza's complaints to be out of proportion to the physical findings and diagnostic studies. He referred him to a neurosurgeon to rule out other problems. Dr. Richard Corales, a neurosurgeon, examined the bone scan and MRI. Dr. Corales found no explanation for Mr. Mendoza's symptoms or evidence of any abnormality other than the spondylolisthesis. He recommended a nerve conduction test and an EMG to assure there was no neuropathic process. The EMG showed no dernervation and the nerve conduction studies were normal. He also prescribed a nerve medication, and as of October 19, 2000, had not released Mr. Mendoza for work.
Dr. Corales did not recommend surgery, but did state that Mr. Mendoza was an excellent candidate for pain management treatment. Dr. Gary Glynn, a pain management specialist, began treating Mr. Mendoza in September of 1999. Steroid injections were administered into his back over a period of time, but these shots offered no relief. In January of 2000, new pain medication was prescribed along with a muscle relaxer.
Mr. Mendoza was referred to a psychologist, Dr. Kevin Bianchini. Dr. Bianchini felt that Mr. Mendoza's personality profile was linked with certain psychological factors contributing to and/or augmenting physical symptoms. According to Dr. Bianchini, this did not appear to be purposeful, that is, he did not appear to be malingering.
Dr. Glynn was sent a Functional Capacities Checklist by Jennifer Palmer and Associates, a Vocational Rehabilitation company engaged by State Farm. Dr. Glynn's response showed that Mr. Mendoza could do some part time sedentary work and lift light weights, and that he was physically able to perform certain jobs. Mr. Mendoza testified that Dr. Glynn did not ask him about the evaluation. In June, 2000, Dr. Glenn felt that Mendoza would reach maximum medical improvement in two or three months. In September, Dr. Glenn recommended a limited course of psycholog
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