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Martinez v. Millard Processing Services and Sentry Claims Service2/18/2003
stress disorder" and that since March 4, 1998, the plaintiff has "progressed in her problem" and "has progressed worse." Zawaideh concluded, "I don't think she is able to be employed in any gainful substantial employment." In a letter dated May 10, 2001, he opined that the plaintiff has a chronic back condition in addition to depression and that she is unable to perform the job that was described to him as the "previous employment."
Copies of Zawaideh's office notes for five office visits with the plaintiff between February 10, 2000, and April 10, 2001, were admitted into evidence. The recorded symptoms and treatment would not be meaningful without medical interpretation, so we will not summarize these records.
Luis Bencomo, a psychiatrist, wrote a letter dated April 23, 2001, addressed to the plaintiff's attorney. Bencomo stated that he began seeing the plaintiff as a patient in 1997 and had last seen her on April 10, 2001. Bencomo stated that the plaintiff carried a diagnosis of major depressive disorder, recurrent, and that her depressive symptoms had become worse in the 2 months prior to April 2001. Bencomo said that the prospect of returning to work had exacerbated the plaintiff's symptoms of depression, because she feared that returning to work would worsen her physical and mental symptoms. Bencomo opined that the plaintiff should be considered permanently disabled and that she would be affected both physically and emotionally if she were to return to her previous employment.
The plaintiff underwent a psychological pain assessment on July 7, 1999. The plaintiff offered into evidence the report of that assessment, compiled by clinical psychologist James C. Willcockson. Willcockson observed that the plaintiff's score on the Beck Depression Inventory indicated that her depressive symptoms were not "clinically significant," but Willcockson noted that the plaintiff was taking antidepressant medication.
Also in evidence are a report and progress notes from Lora Pieper, a pain program physical therapist with UNMC, stating that the plaintiff was referred to her on March 9, 1999, for myofascial release for left shoulder, lower back, and left knee pain. The report shows that the plaintiff visited the clinic nine times between March 18 and May 6, 1999, the date of the report. According to the report, the plaintiff's range of motion, flexibility, and mood had improved, and her pain was reduced by myofascial treatments but later returned. Pieper states that the plaintiff would be an appropriate candidate for a pain management program.
Psychiatrist Bruce D. Gutnik reevaluated the plaintiff on June 1, 2001. Gutnik reviewed his initial evaluation of the plaintiff, dated September 18, 1998, and past medical records dating from November 3, 1998, through April 23, 2001, including the records of Bencomo. Gutnik indicated that his September 18, 1998, records show that his August 3, 1998, evaluation of the plaintiff resulted in an opinion that at that time, she was not psychiatrically disabled and that her pain disorder was "the result of secondary gain issues and not a result of her injury." In his June 5, 2001, report, Gutnik stated that the plaintiff was angry at her employer, not depressed, and did not suffer from clinical depression. Gutnik also said, "Martinez continues to suffer from Pain Disorder in which she psychologically amplifies and exaggerates her pain as an expression of her anger toward her former employer. This is unrelated to any physical injury she obtained and is a direct result of secondary gain." Gutnik concluded, "Martinez is not psychiatrically disabled. She can return to work any time she so chooses. I would place no psychiatric limitations or res
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