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Ikenberry v. State ex rel Wyoming Workers' Compensation Divison5/3/2000
e every night after his work shift. Exhibit S-1, p. 5. Ikenberry's drug screen indicated muscle relaxers and pain medications which he said were for his back pain. According to Reeb, Ikenberry never mentioned anything about a work injury and that if he had, she would have completed an incident report. Exhibit S-1, p. 9. Reeb thinks Ikenberry told her he had worked in the oilfield and had some kind of injury with that job. Exhibit S-1, p. 11. Ikenberry denied telling Reeb his back ached after each work shift.
Reliance on Ree's testimony that Ikenberry complained of a back ache Aevery night she worked with him@ seems almost ludicrous in light of the fact that she worked with him for at most three nights and maybe only two. Her description of a prior back problem is unsubstantiated by any medical evidence. Indeed, the medical evidence contradicted it. Dr. Metz testified that Ikenberr's previous problems were with his neck and had absolutely nothing to do with the back injury which was corrected with surgery.
14. Ikenberry received treatment for his back condition and was seen by a chiropractor several times. The chiropractor decided there was something wrong, ordered an MRI and sent Ikenberry to Dr. Albert V. Metz, Jr.
15. The MRI of March 20, 1998 revealed degenerative disc disease and bulging or herniated discs. Disc dehydration and a broad based central herniation were found at L3-4. Disc dehydration and a focal central herniation were found at L4-5. Disc dehydration and a small central herniation were found at L5-Sl. Exhibit D.
16. Ikenberry first saw Dr. Metz, a neurological surgeon, on March 24, 1998. At that time, Ikenberry was standing with his hips and knees flexed and was leaning forward. He could not straighten up without pain and could bend forward about 45 degrees. The leg lift indicated a nerve in the low back was possibly trapped. Exhibit A, p. 7. Ikenberry gave a history of lifting 80 pound floor mats, washing them, and while lifting and twisting, his feet slipped a couple of times. Ikenberry developed pain a couple hours later. Exhibit A, p. 9. According to Dr. Metz, it is common to experience pain hours or days after an injury . Exhibit A, p. 10.
17. Based upon the history, the examination, and the MRI, Dr. Metz ordered surgery which was performed on March 25, 1998. Exhibits F and G. Dr. Metz stated he was unable to provide a date for the injury which caused the herniated disc. Exhibit A, p. 15. However, he did state that his observations of the tissue during the surgery provided some evidence of a fairly recent phenomenon. Exhibit A, p. 16.
18. It is Dr. Metz' opinion that the herniated disc at L4-5 was consistent with the mechanism of injury reported by Ikenberry and that lifting heavy objects and turning is a common mechanism for an acute ruptured disc. Dr. Metz also indicated that Ikenberry had degenerative changes at other disc levels and that was not unusual for a person like Ikenberry who has done fairly heavy work. Exhibit A, p. 18. Dr. Metz also stated "I think there was either a material aggravation or an acute precipitation of the disk herniation in his back at the time that he lifted and twisted with those heavy mats." Exhibit A, p. 19.
19. Dr. Metz has treated several thousand herniated discs in his practice. He stated that he is unable to tell how recent a herniation has occurred and that he relied on the patient history in forming an opinion. Exhibit A, p. 22. According to Dr. Metz all his opinions are based upon the history provided by Ikenberry and that he did not go into Ikenberry's past history of back pain as much as he should have. Exhibit A, p. 23 and 24.
20. The medical eviden
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