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Alassaadi v. Davidson Transit Organization8/24/2005
findings that could have existed simply as age-related problems. There was no evidence of any acute injuries in any of the imaging studies.
Dr. Walwyn believed Mr. Alassaadi's injuries were caused by his fall at work. He also believed that Mr. Alassaadi will retain impairment in accordance with the AMA Guides, 5th Edition, in the amount of 6% of the left upper extremity due to his left shoulder which corresponds to a 4% whole person impairment. His only basis for rating with regard to the left shoulder was a loss of range of motion. Dr. Walwyn found 8% whole person impairment for injury to the lumbar spine and 6% whole person impairment for the injury to the cervical spine. When combined, these injuries amount to a 17% impairment to the whole body. Dr. Walwyn would impose restrictions of not lifting more than twenty pounds or lifting more than ten pounds frequently. Mr. Alassaadi should stand or sit less than about six hours per day and pushing or pulling should be severely limited. He should never climb, balance, stoop, kneel, crouch, crawl or twist. He also should avoid heights and avoid rapidly moving machinery.
Dr. Roy Terry, a board certified orthopaedic surgeon testified by deposition. Dr. Terry performed an evaluation of Mr. Alassaadi on September 12, 2003. As part of his evaluation, he took a history from Mr. Alassaadi and reviewed the medical records. Mr. Alassaadi reported the fall on the bus he was cleaning for M.T.A. in Davidson County. He reported losing consciousness, but that statement was inconsistent with the emergency room evaluation of June 5, 2002, which stated "No loss of consciousness at that time." Mr. Alassaadi reported that he had numbness in his left hand, difficulty with trying to walk and difficulty getting around. He complained of numbness from his head to his foot on the left side. He was taking effexor, an anti-depressant, and hydrocodone, a narcotic pain medication. He had previously been prescribed morphine.
A physical examination did not show evidence of atrophy which is a wasting away of muscles by comparing side to side and did not show evidence of any kind of cranial nerve deficits. There was nothing during the examination to indicate a significant head injury which would have affected his left side. Dr. Terry did not observe any drooling or similar effects such as drooping of the face that one would expect to observe in someone who had a cranial nerve injury. He was able to close his eyes tightly. There was no difference from side to side which would indicate a cranial nerve weakness. He had equal muscle size measurements on each side. According to Dr. Terry, if Mr. Alassaadi's muscles had actually been injured and were weak because he had not been using them because either they did not have nerve supply to them or there had been pressure on a nerve from his neck or anywhere else along the course of it, you would expect the person after more than two years of this difficulty to have his muscles waste away. There was no difference in the leg muscles from each side nor the thigh muscles from each side. Had he not been using his left side, his left side muscles would have atrophied. Dr. Terry found no evidence of that. There was no evidence of atrophy in one side of his buttocks and no evidence of any reflex difference from each side which would be expected had there been significant problems.
Mr. Alassaadi could not flex or extend his neck without discomfort. However, he did have good sternocleidomastoid muscles. He exhibited good strength turning his head to the right and poor strength turning his head to the left. When you turn your head to the left side, the right sternocleidomastoid muscle is used and when turning the head to the ri
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