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Wilson v. Ace American Insurance Group6/7/2002
s.
MEDICAL OPINIONS REGARDING ABILITY TO WORK
In the alternative, the claimant has asked that I declare her permanently totally disabled. That determination would require that irrespective of any future back surgery she will be unable to return to work.
The written opinions of the physical therapist, Dr. Campbell, and Dr. Vallin regarding claimant's ability to return to work have previously been set out. ( s 21, 22, and 23.) Dr. Hayward also weighed in on the issue. On February 1, 2001, he wrote that "Kathy's pain in both the arm and shoulder as well as the back and leg she would probably not be employable in any capacity at this time." (Ex. 1-19.) He went on to say:
From the comments of Dr. Sorini I would think that surgery for the ruptured disk would almost entirely relieve the back and leg symptoms that she is having. This would likely greatly enhance her employability. However, she would continue to have the RSD which usually is a problem that remains indefinite. I would have to defer to a specialist in this field to find out if there are any medications or procedures that would lessen her pain to the point where she would be able to use her right arm without having incapacitating pain. I also wonder if a functional capacity evaluation would help to clear up some of the questions as to what she is and is not able to do. (Ex. 1-20.)
In deposition, Dr. Hayward reaffirmed his opinions regarding claimant's ability to work without further elaboration. (Hayward Dep. at 10.)
In their depositions, both Dr. Vallin and Dr. Campbell reaffirmed their prior opinions that the FCE done on May 2, 2000, accurately reflects claimant's physical abilities and ability to return to work.
RESOLUTION
After considering all the testimony, I find that claimant's neck and shoulder injuries, and her resulting RSD, are not totally disabling. Dr. Hayward is the only physician to opine that she is totally disabled on account of her neck and shoulder injuries, and even he qualifies his opinion. Specifically, he says, "I also wonder if a functional capacity evaluation would help to clear up some of the questions as to what she is and is not able to do." (Ex. 1-20.) Claimant in fact had an FCE and that FCE determined that despite self-limiting pain behavior, she could still perform work at the light to medium level and perform the duties of her prior jobs with Town Pump. Both Drs. Campbell and Vallin agreed with the FCE results and evaluation.
Dr. Hayward also qualified his opinion by indicating he would defer to a specialist in RSD concerning whether that condition might benefit from further treatment which would improve her ability to work. (Id.) Claimant was in fact seen and treated by specialists with experience in RSD. She showed significant improvement with that treatment. The last time she was seen, Dr. Simmons noted that she was 50% improved and recommended additional stellate or interscalene blocks but claimant rejected his recommendation.
Although Dr. Hayward was claimant's primary physician, he was not the treating physician for RSD. Moreover, Dr. Hayward is a general practitioner. He completed an internship but did not do a residency in family medicine or any other specialty. He is not board certified in any medical specialty. In contrast, Dr. Campbell is a board certified orthopedic surgeon and treated claimant for her shoulder. Dr. Vallin is a board certified physiatrist specializing in non-surgical treatment of musculoskeletal and neurological disorders. (Vallin Dep. at 5.) Dr. Mohr's specialty is unknown, but Dr. Campbell indicated, and the Court finds, that he has expertise in the tr
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