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McGuin v. State Compensation Insurance Fund12/16/1999
r infections over my lifetime, I just thought it's another cold. But I've never reacted this way. And finally it scared me to the point that I went and saw Higgs. (McGuin Dep. at 28-29.) His visit to Dr. Higgs, referenced in his testimony, occurred in 1992, after the 1991 incident in the Helena swimming pool. (Id. at 29:8-18; Dep. Ex. 3; Tr. Ex. 2 at 144.)
After the 1991 pool incident the claimant experienced increasing vertigo and hypersensitivity to loud sounds. (McGuin Dep. at 41; Dep. Ex. 6 at 3.) Loud sounds caused distortions in his vision. (Id.)
He testified as to his post-1991 problems as follows:
Q. Okay. Why don't you tell me about the problems that you had after '91 up to the present. You know, the symptoms you've had and what you've learned about your condition and your understanding of what your condition is.
A. My balance got worse. If I stood up too fast or turned, I was off balance. The loud noises, going to a party or going to a dance at the fair, security - - I had to stay away from loudspeakers because the sound would cause everything to jump. Pistol qualifications were very unnerving to me because I never had that problem qualifying. I'd go down and qualify and go home.
The last one in '97, I had to go through qualifications four times just to make basic qualification. (McGuin Dep at 42.)
By 1992 claimant was concerned about the effect of his symptoms on his ability to drive safely and sought medical advice from Dr. Higgs. (Id. at 30 and see .) According to his office notes, Dr. Higgs recommended an ENG and other balance testing at an ENT clinic in Spokane but claimant did not keep the appointment due to his work schedule. (Ex. 2 at 144.)
Between 1992 and 1997 claimant had numerous treated instances of asthma, bronchitis, and sinusitis. (Ex. 1 at 14-44.)
On March 3, 1997, claimant was seen by Dr. Timothy F. Obermiller with regard to his chronic asthma. The doctor noted sinus problems and on April 1, 1997, ordered a CT of the sinuses. Following the scan, Dr. Obermiller referred claimant to Dr. Karl M. Oehrtman, an otolaryngologist practicing in Kalispell, Montana. (Ex. 2 at 159.)
Dr. Oehrtman first examined claimant on April 17, 1997, noting "bilateral frontal disease" of the sinuses. In an addendum to his examination, he further noted, "Patient is noted to have a feeling of being off balance when air is blown into his ear. This makes me wonder about the possibility of a perilymph fistula." (Ex. 2 at 145.)
A "perilymph fistula" is a leak of fluid from the inner ear into the middle ear through the "oval window" which joins the inner and middle ear. (See Oehrtman Dep. at 10 and following pages and Dep. Exs. 1, 2, and 3; Ex. 2 at 93.) A fistula is "an abnormal passage leading from an abscess or hollow organ to the body surface or from one hollow organ to another and permitting passage of fluids or secretions." (1997 MERRIAM-WEBSTER MEDICAL DICTIONARY, www.medscape.com.) "Perilymph" is "the fluid between the membranous and bony labyrinths of the ear." Id. Dr. Oehrtman explains the anatomy of the leak in his deposition: his explanation is accompanied by anatomical diagrams. (Oehrtman Dep. at 17; Exs. 1-3.)
A fistula of the oval window of the ear was thereafter diagnosed during exploratory surgery of claimant's left ear on June 26, 1997. (Uncontested Fact 2.) The first attempt at repair, which was done during the exploratory surgery, failed, or at least did not materially improve claimant's symptoms. Claimant has undergone two more failed surgeries by another otolaryngologist, Dr. Peter G. Von Doersten. (Ex. 2 at 93-97.)
Cl
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