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Webb v. Shoe City9/20/2000
Dr. Friedman next saw the plaintiff on December 28, 1995. She was complaining of worsening lower back pain from the right side across the lower back, as well as left calf pain. The plaintiff was not doing all of the exercises she had been given to do and was under a lot of strain, because her husband was hospitalized with terminal cancer. Bending and driving back and forth to the hospital aggravated the pain. The plaintiff told Dr. Friedman that she had not returned to work, because there was no light duty work available. Tests on her back reported to Dr. Friedman by the rehabilitation nurse were normal. He again put the plaintiff on strict bed rest with muscle relaxants and pain medications and suggested she try to return to light duty work in three weeks.
The plaintiff returned to Dr. Friedman on January 30, 1996, after getting no relief from bed rest. She had not had any physical therapy and had not returned to work, due to the pain and the fact that her husband had just died. Dr. Friedman recommended that the plaintiff attend a work-hardening program and return in two months.
On February 27, 1996, the plaintiff returned with lower back pain and pain in the left calf when walking. She had not had any physical therapy, because her blood pressure became elevated on the third day of the program. Dr. Friedman discussed the plaintiff with Dr. Jesse McGee, the plaintiff's cardiologist, and stated that Dr. McGee emphasized to him the stressful impact that her husband's recent death was having on the plaintiff. Dr. Friedman suggested an MRI of the lower back and that the plaintiff start physical therapy. He also suggested that she return to light duty in two weeks with a twenty (20) pound lifting restriction and no bending or stooping. The plaintiff declined to participate in the physical therapy. He did not place any permanent restrictions on the plaintiff at that time and rated her with a 9 percent permanent partial disability to the left leg with reference to the body as a whole, using the most recent edition of the AMA Guides. Dr. Friedman released the plaintiff from his care at the February 27 appointment.
The MRI performed on March 12, 1996, showed no evidence of nerve root entrapment by scars or current disk rupture, and there were no objective findings of any kind of neurological defect. The previously noted pre-existing arthritic changes were still present primarily at the T3 level.
Dr. Jesse McGee, the plaintiff's cardiologist, testified that he saw the plaintiff with complaints of back and knee pain on November 23, 1993. The doctor had noted in his records on April 3, 1992, three years prior to the accident at Shoe City, that the plaintiff had degenerative arthritis. He had referred her to a rheumatologist on November 22, 1993, because the plaintiff's arthritis was severe. Dr. McGee was also treating her for high blood pressure.
On March 14, 1994, Dr. McGee's records reflected that the plaintiff got relief from her symptoms and was being followed by the rheumatologist. On July 6, 1995, Dr. McGee saw the plaintiff after her accident at work with back pain, abdominal pain, headaches, urinary tract infection, and hypertension. Dr. McGee yielded a number of times throughout his deposition to the treating neurosurgeon concerning the plaintiff's back. X-rays taken of the plaintiff's spine in November of 1995, some three months after her surgery, revealed degenerative arthritic changes and degenerative disk disease in the lumbar region.
Dr. McGee's records of February 8, 1996, reflect that the plaintiff was very stressed over the death of her husband. Dr. Friedman recommended an MRI in March of 1996, and this was performed on March 12, 1996. T
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