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Munroe v. Montana Electric & Telephone Pool

8/16/2001

laints were up her entire left leg and into her buttocks. (Ex. 5-G at 87.) A lumbar MRI was done at the direction of Dr. John Hilleboe, an orthopedic surgeon in Kalispell, and disclosed "what appears to be a degenerated disc with some herniation into the foramine of the L4-5 level on the left side, the side she has the symptoms on and at this time, I think the diagnosis is one of speculation, rather than certainty as to whether or not this is causing her problems . . . ." (Id. at 87.)


Over the next two and three quarter years, claimant was seen by numerous physicians for low-back and leg pain. She saw Dr. Henry Gary, a neurosurgeon (Ex. 5-G at 83); Dr. James A. Meyer (Id. at 7-8, 10-11); Dr. Gary Cooney, a Missoula neurologist (Ex. 5-P at 1); Dr. James Seeley, an orthopedic surgeon in Seattle (Ex. 5-G at 76-77, 106); Dr. Alexander C. Johnson, a Great Falls neurosurgeon (Id. at 72-74, 91); Dr. John Avery; Dr. James Hilleboe; and Dr. John M. Grollmus, a Spokane neurosurgeon. Numerous imaging studies were done during that time. The studies revealed mildly bulging lumbar disks at three levels but electrodiagnositic studies were negative and until March 1989, the physicians found insufficient objective evidence to do surgery. In some instances, the physicians noted that claimant's complaints did not correlate with her objective findings:


Dr. Seeley, who examined claimant on July 20, 1987, noted that while claimant had "mildly bulging disks" in the lumbar spine, he could "certainly find no objective evidence of significant disease" or a basis for surgery; he recommended a pain clinic. (Id. at 76.) Dr. Johnson, who examined claimant on July 29, 1987, observed that claimant's symptoms did not match expected pain distributions and that she seemed to be limiting her movements. He diagnosed "atypical low back and predominantly left leg pain as described." (Id. at 74.) Although Dr. Johnson considered an L-5 segmental pain pattern given claimant's history, he found her "multiplicity of symptoms . . . do not correlate well with this" and noted "a rather marked lack of clear cut objective findings, either on manipulative tests or neurologic evaluation, including some findings suggesting significant non-organic overlay, particularly with reference to sensory alteration up into thoracic segments." (Id.รท


In October 1988, claimant reported neck pain. Cervical x-rays disclosed some calcification of the anterior anulus ligament consistent with degenerative changes. (Ex. 5-B at 190.)


In February 1989, claimant was hospitalized for 16 days on account of low-back and leg pain.


Claimant then went to see Dr. Grollmus in Spokane. Additional MRI studies were done at his direction on March 10, 1989. The studies were read as within normal limits for the thoracic and upper lumbar spine. Dessication and some bulging were noted at the L4-5, L5-S1 levels, which the radiologist viewed as consistent with earlier studies. (Ex. 5-G at 69.) However, Dr. Grollmus felt that the "small disc herniation at L4-5 level . . . would be amenable to an automated percutaneous lumbar discectomy." (Ex. 5-G at 68; Ex. 5-T at 4.) He performed the recommended surgery seven days later. (Ex. 5-N at 6; Ex. 5-T at 3.) Dr. Meyer provided post-surgical care and concluded in September 1989 that claimant's condition had improved considerably but she still had "some residual dysfunction." (Ex. 5-G at 114.)


On November 14, 1991, claimant fell while reading meters for Sun River. Following the fall, she complained of both right and left leg pain, tail bone pain, back pain up to the lower level of her scapulae, and occasional neck pain. (Ex. 5-G at 4.) Lumbar x-rays taken on November 20, 1991, and a

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