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McCray v. Delta Industries9/21/2001
gave maximum effort and did not display symptom magnification. Despite plaintiff's effort, limitations were noted with bending, squatting, kneeling, crawling, prolonged sitting, prolonged standing, extended walking, and ladder climbing. The report notes back and knee pain throughout the testing. Considering the functional capacity evaluation and the job description as supplied by Delta, Dr. Habig determined that plaintiff had reached maximum medical improvement and that he could return to work. Dr. Habig felt that continued strengthening exercises would be appropriate. Dr. Habig did not examine or treat plaintiff's back, neck, or head.
On April 15, 1999, plaintiff sought treatment from Dr. Olson, a neurologist. Dr. Olson testified that plaintiff complained of back pain with radiation into both legs, neck pain with radiation into the right arm, and headaches, which began after the July 17, 1998 accident. Dr. Olson stated that he believed the complaints were related to the July 17, 1998 accident. Dr. Olson's initial impression was that plaintiff suffered not only the orbital fracture and the knee injury in the accident, but that he also suffered back, neck, and head injuries. Dr. Olson stated that plaintiff complained of headaches and "grayouts." It was the opinion of Dr. Olson that to evaluate and treat plaintiff further, psychological tests, an MRI, or a brain scan should be administered. With respect to plaintiff's back injury, Dr. Olson opined that complaints of back pain in this case are not unusual considering the nature of the accident and the fact that plaintiff suffered a knee injury. He explained that when one joint is lost, as in this case with plaintiff's injured knee, added stress is placed on the other joints in the body, such as the back. Dr. Olson also thought that plaintiff needed a lumbar MRI scan and EMG and nerve conduction studies of his lower extremities. Dr. Olson observed in plaintiff, with respect to his neck, symptoms of soft tissue injury, for which an MRI scan would also be appropriate. Dr. Olson did not think that plaintiff had reached maximum medical improvement with respect to all of the injuries suffered in his accident, and indicated that plaintiff requires further treatment. Dr. Olson disagreed with the findings of Dr. Fambrough and Dr. Habig that plaintiff is able to return to his previous position as a cement truck driver.
In November 8, 1999, after undergoing eight months of treatment by Dr. Olson, Delta requested that Dr. Trahant, also a neurologist, examine plaintiff. At trial, defendant introduced a three-page letter, written by Dr. Trahant, addressed to the medical case manager at Travelers. In this letter, Dr. Trahant indicated that upon neurological examination of plaintiff, he found the results to be entirely normal. Dr. Trahant's examination revealed no evidence of any significant neurological injury to plaintiff's head, cervical or lumbar spine. Dr. Trahant further stated that he found no injury that would prevent plaintiff from working.
Plaintiff urges this court to find the OWC erred in overlooking evidence presented regarding his back and/or neck injury and in giving more weight to the report of Dr. Trahant rather than that of plaintiff's treating physician, Dr. Olson. The only physician who treated plaintiff for his back and head injury was Dr. Olson, a neurologist. Dr. Olson treated plaintiff for eight months, and confirmed plaintiff's complaints of pain. According to plaintiff, Dr. Olson's treatment has been limited to pain management through pain medications. Dr. Olson felt additional testing necessary to ascertain the extent of injury as well as to suggest future treatment options.
Other than Dr. Olson, Dr. Trahant was
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