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Alassaadi v. Davidson Transit Organization8/24/2005
ated to his chronic pain. Dr. Powell acknowledged that his diagnosis of Mr. Alassaadi is basically that he has pain. The information upon which such a diagnosis is made is information that would be given subjectively by the patient. Dr. Powell recommended that he be seen in a pain management program.
Dr. Powell also saw Mr. Alassaadi on August 26, 2003. At that time he had the same complaints of headache, cervical pain, low back pain, left arm pain, and left leg pain. Dr. Powell reviewed the results of a MRI done on January 9, 2003, and noted that the scan appeared normal for Mr. Alassaadi's age. Dr. Powell believes that Mr. Alassaadi reached maximum medical improvement in August 2003. He believes he will need future treatment in the form of analgesic treatment. Dr. Powell testified that Mr. Alassaadi would retain a permanent impairment, according to the AMA Guides, 5th Edition, in the amount of 8% for the lumbar spine and 6% for the cervical spine or a combined 13% to the body as a whole. He admitted, however, that he had not established an impairment rating until the day of his deposition and basically formed his opinion based upon a report from Dr. Walwyn. Dr. Powell would impose limitations of no lifting greater than twenty pounds, no frequent lifting of greater than ten pounds, no standing for more than six hours a day, the ability to change positions frequently, no crawling, no stooping, and no kneeling at work. He could push and pull, but Dr. Powell would limit it to no more than twenty pounds of force.
Dr. Lloyd Walwyn, a board certified orthopaedic surgeon, testified by deposition. He examined Waed Alassaadi on August 5, 2002, upon a referral from Mr. Alassaadi's attorney for an independent medical evaluation. Mr. Alassaadi told Dr. Walwyn that he was experiencing pain in his neck, left leg, back and both shoulders, left more than the right. At times, the left side of his neck, his left eye and left ear felt numb or painful. He walked with a cane, very slowly and somewhat stooped. He took hydrocodone two to four times a day. He was able to sleep only with the aid of the medication. Mr. Alassaadi reported that he could not walk as he used to, drive, sit down, or sleep because of his pain. He appeared to be in pain at rest as well as when he engaged in routine, casual movements.
Upon physical examination Mr. Alssaadi's neck had a limited range of motion. The neck muscles had guarding, tenderness and pain. His left shoulder had limited range of motion. His back had limited flexion of ten degrees. The paralumbar muscles had pain extending all the way to his left toe as well as tenderness and guarding. His left foot was tingling and cold. His left straight leg raise test caused sciatica at eighty degrees, and the right straight leg raise test caused back pain at eighty degrees.
Mr. Alassaadi reported to Dr. Walwyn that he was at work on June 5, 2002, when he slipped and fell against the seat and passed out. Dr. Walwyn reviewed a magnetic resonance imaging (MRI) study of the lumbar spine which showed minimal diffuse bulging at the L5/S1 with degenerated disc manifested decreased signal. An MRI of the cervical spine revealed diffuse bulges of the C4/5 level with bilateral nerve foraminal narrowing. Dr. Walwyn indicated that upon physical examination of the neck he observed guarding, which is a kind of spasm, as well as pain. Dr. Walwyn's examination of the neck, however, did not show any neurological problems, and his diagnosis with regard to the neck was cervical strain. The objective findings on the MRI studies were consistent with the findings on physical examination and consistent with the history given by Mr. Alassaadi. The findings of the MRI of the low back were
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