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Burtell v. State Compensation Insurnace Fund3/18/2002
asis and said "that the pain is worst when she exerts herself." (Id. at 5.) Dr. Bateen noted signs of depression, and recommended therapy "directed toward helping Jody to accept limitations imposed by her physical problems and to establish realistic goals for the future within those limitations." (Id. at 6.)
Claimant returned to Dr. Book on May 12, 1993, and said she had seen Dr. Bateen for depression and was feeling better. (Ex. 20 at 222.) Dr. Book prescribed Prozac for depression. (Id. at 223.)
Claimant returned to Dr. Bateen on May 26, 1993. (Ex. 2 at 7.) They discussed her current situation. Dr. Bateen encouraged her to make an appointment for vocational rehabilitation. (Id.) At deposition, claimant could not remember if she followed through on that recommendation. (Burtell Dep. at 14.)
Claimant returned to Dr. Book on July 23, 1993. (Ex. 20 at 224.) Claimant told him the Prozac seemed to help but caused her to have indigestion and heartburn. On her own initiative, she had stopped taking Prozac. She denied the possibility that other medications caused the heartburn. (Id.)
Claimant returned to Dr. Book on October 1, 1993. (Id. at 226.) She complained of a two-month history of "pins and needles like sensations in 3 separate areas of her body," including the thigh to knee on one leg, near the thumb, and in the thoracic area. (Id.) She told Dr. Book that when the numbness came on, it would arise simultaneously in all three areas. Dr. Book recorded:
I told the patient I am not certain about the etiology of her rather unusual paresthesias. They don't follow any dermatomal distribution. Neurologically, she otherwise appears to be intact, although she is a little intoxicated. . . . (Id. at 227.)
On October 14, 1993, counsel for State Fund wrote to Dr. Bateen, requesting information about any psychological treatment recommended or planned for claimant and whether such was related to the industrial accident and/or return to work. (Ex. 4 at 57.) The claim file and other exhibits do not include any response from Dr. Bateen.
Claimant returned to Dr. Bateen on March 14, 1994. (Ex. 2 at 8.) His office note for that day states:
3/14/94 Jody returns after long absence. I have agreed to see her and have received a letter from her attorney indicating that Workers Comp will reimburse for this visit as well as past visits. Jody complains of deepening depression. Most of this appears situational. Status has changed little since I last saw her. Wants to work on pain management and I feel this is a reasonable goal. Will see her next week. (Ex. 2 at 8, emphasis added.)
The claimant was scheduled for further sessions with Dr. Bateen.
Dr. Bateen's file contains the following letter, dated April 24, 1994, to the State Fund:
Jody was initially seen in May, 1993 at which time I felt that she had depression secondary to her current life situation. Jody recently returned to the clinic at the request of her attorney and upon self referral. She continues to complain of depression and indicates that at times feels quite suicidal. In talking with Jody, it is apparent that she is reacting poorly to her pain complaints. It is my opinion that if she could learn to better manage her pain, she would be able to be more productive which in turn should reduce her depressive complaints. Treatment of choice would consist of cognitive restructuring with the goal of helping her to see herself as a disabled secondary to her pain complaints. I have also talked with Mrs. Dierks about the use of relaxation techniques and possibly hypnosis as a means of better controlling her pain. I would note that
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