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Stacks v. Travelers Property Casualty3/1/2001
did give him a prescription for some Soma but no other pain medicines. He did not ask for any. (Id. at 11.)
Stacks returned to Dr. Crichton on December 21, 1995, complaining of neck and back pain. (Id.)
On June 12, 1996, Stacks saw Dr. Brooke Hunter, an orthopedic surgeon. He reported neck pain with numbness down into his right arm. Dr. Hunter noted:
On exam he has normal ROM. Still a fair amount of pain behavior. Negative Lhermittes and negative Sperlings. No atrophy or fasiculations in the arm. He remains quite heavily muscled. He has a positive Tinels at the ulnar nerve at the elbow. Reports light touch sensation in ulnar distribution. No weakness to manual resistance testing. Deep tendon reflexes, brachial radialis biceps, triceps, pectoral are unremarkable. X-rays show significant C5-C6 and C6-C7 degenerative changes. (Ex. 7 at 8.)
Treatment wise, Dr. Hunter thought physical therapy and anti-inflammatory medication would be "a reasonable start." (Id.)
Stacks returned to Dr. Crichton the following month. Dr. Crichton recorded that claimant had been "camping a few days ago, loading some garbage cans and so forth and got a lot more pain in his neck." (Ex. 26 at 13.) The doctor observed "tremor in his right upper extremity." (Id.)
On August 27, 1996, Stacks returned to the emergency room at St. Peter's Hospital, reporting he "was at work yesterday when he slipped on a concrete floor, fell and struck the back of his head." (Ex. 34 at 2.) Stacks had vertigo, persistent headache, and a sense of unsteadiness. Dr. D.L. Kuntzweiler ordered spine films, which he read as follows:
On my viewing of these it shows marked degenerative changes really from C3 on down. There is quite a bit of lipping. The spine is straight with loss of the normal lordosis. I don't see any acute fractures, no soft tissue swelling, no obvious fracture or dislocation. On the oblique films he does have some foraminal narrowing particularly distally. (Ex. 34 at 3.)
On December 12, 1996, claimant saw Dr. Crichton for continuing back pain. Dr. Crichton noted:
S: He says that he has grown tired of lying around and getting Social Security so he is returning to work in a body shop. He seems to have quite a lot of trouble with back discomfort still. For the most part he does the work he says but lately he has developed what his wife calls a knot in his back and also neck and low back pain.
O: He walks somewhat stooped over. There is palpable back muscle spasm. There is a small area at about L1 or L2 right side where there is some palpable spasm. Otherwise no changes in lower extremity strength, deep tendon reflexes or gait.
A: Low back pain.
P: What he wanted was some Soma 350 mgs. And some Darvocet N 100. I gave him a prescription for 30 each with one refill on each. (Ex. 26 at 17.)
Dr. Jorge I. Ramirez then treated claimant. He first saw claimant on January 3, 1997 for complaints of back pain. (Ex. 26 at 17.) He found tenderness in paraspinal muscles and "no real other abnormalities." (Id.) On January 20, 1997, Dr. Ramirez referred Stacks to physical therapy for "chronic back pain." (Id. at 18.) On January 27, 1997, Dr. Ramirez ordered a functional capacity evaluation (FCE). (Id.)
A FCE was performed on February 11, 1997. (Ex. 28 at 39-48.) The exam was deemed valid with "minimal symptom exaggeration." (Id. at 40-41.) The evaluator concluded that Stacks was qualified for "Light/Medium work" and recommended a work hardening program. (Id. at 48.)
May 10, 1997 Injury
On May 10, 1997, Stacks went to work for Western Staff
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