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Alassaadi v. Davidson Transit Organization8/24/2005
I. FACTUAL BACKGROUND
Mr. Waed Alassaadi is married with four children, two boys and two girls. He was born in Sadr City, Iraq in 1959. He completed high school in Iraq and moved to Kuwait in 1976. He lived in a refuge camp in Lebanon for seven years before coming to the United States on September 15, 2000. Mr. Alassaadi was forty-four years old at the time of the trial and had worked for the Davidson Transit Organization for one year cleaning buses and trolleys. When he came to the United States he attempted to get disability benefits. He suffered from multiple gunshot and shrapnel injuries, had undergone a partial gastrectomy in 1990, and had an unspecified follow up gastric procedure in Lebanon in 1999. According to a letter from the doctor who saw him at the time he came to the United States, he had "highly complex and inter-related set of medical, emotional, and social problems, and that would greatly benefit from an alternative source of income until those issues can be further clarified."
On June 15, 2002, Mr. Alassaadi was cleaning a trolley in preparation for a wedding ceremony. He testified he was mopping the floor of the trolley when he fell and lost consciousness. He believes his head hit a piece of metal on the seat of the trolley. The next thing he remembered, he had an oxygen mask on his face and he was in an ambulance being taken to the emergency room at Vanderbilt University Medical Center. There, he was placed in a cervical collar and was instructed not to allow anyone other than a specialist to remove it.
After he returned home, Mr. Alassaadi telephoned Bob Baulsir, who was later identified as the director of maintenance, and told him he was experiencing pain and requested he be sent to a doctor. He was given a list of medical facilities and chose Concentra. At the clinic a nurse practitioner named Terry Wheeler attempted to examine him and remove the cervical collar. Mr. Alassaadi refused to allow it because she was not a doctor. She gave Mr. Alassaadi a document indicating he should return to work on light duty, with no heavy lifting, and no pushing or pulling more than five pounds.
Mr. Alassaadi stated that when he returned home, he phoned Bob Baulsir and complained that he had been promised a doctor. He testified he phoned Mr. Baulsir a total of four times asking that he be sent to a physician. On one of those occasions, Mr. Baulsir indicated he had the document providing that the employee return to work and warned that if he did not return, he would be fired. Laura Baulsir, director of human resources for the Davidson Transit Organization, testified that Mr. Alassaadi never expressed to her in any way that he was dissatisfied with whom he had seen for medical treatment. Mr. Alassaadi was fired because he failed to return to work.
Mr. Alassaadi turned to Dr. Fawwaz Alkayyali, his personal physician. Dr. Alkayyali ordered an MRI and after reviewing the results, sent him to Dr. Neal Garrett Powell, Jr. Mr. Alassaadi saw Dr. Powell as a TennCare patient and was prescribed physical therapy and a pain management program. After one month, he returned to Dr. Powell, but Dr. Powell had discontinued accepting TennCare insurance. The employer has not paid any medical expenses nor any temporary total disability.
Mr. Alassaadi testified that before this injury he had passed a physical exam given by the company and had never had a back or neck injury. Now, according to Mr. Alassaadi, his neck hurts, he is in poor condition, he cannot move or walk without pain and he cannot sleep because of pain. He has difficulty sitting or standing for long periods of time. Mr. Alassaadi has been prescribed a lot of narcotic pain medi
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