 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Suits v. M & M Mars10/5/2005
ice mail message for the Monday absence. He said there was no request for being absent Tuesday through Thursday and therefore she was terminated on Friday for being absent without permission those three days and for not calling in or taking vacation days to cover the time off.
Dr. Susan O'Hara, a clinical psychologist, testified by deposition and stated she saw plaintiff twice in February 1994 and that she was very upset and depressed over marriage and family problems with her son and daughter. The next time she saw her was on July 19, 1998 when she also brought her daughter to the counseling session. At another visit during November 1998, plaintiff indicated she had remarried and was having marriage problems in the second marriage. Dr. O'Hara said she did not mention anything about an injury at work but indicated she was taking family leave from work as she could not work because of the stress on her and she was becoming very depressed.
Medical Evidence
Dr. Walter M. Boehm, a neurosurgeon, testified by deposition and stated he treated plaintiff for her neck injury . He had seen her prior to the accident in question in 1995 for neck problems. He stated a MRI study in 1995 indicated a disc rupture at C6-7 level and that when he began seeing her again in 1998, another MRI study did not show a rupture but indicated a bulging disc at the same level. She told the doctor that prior to the 1998 work incident, she had intermittent problems with her neck. Dr. Boehm was of the opinion she had a 10 percent impairment as a result of cervical spine injury on October 11, 1998. The doctor felt she did not need any therapy and that she could continue to work with certain restrictions of lifting, climbing, etc.
Dr. Fred A Killeffer, also a neurosurgeon, testified by deposition and stated he saw plaintiff one time on July 8, 1999 for an independent medical examination. In the history he took, plaintiff indicated she had recovered from the 1995 neck problem and that she had asthma problems all of her life. In examining her medical records, he did not find any evidence of trauma and was of the opinion she did not have any permanent impairment.
The deposition of Dr. Kevin R. Ferguson, a psychiatrist, was introduced into evidence to support plaintiff's claim for the psychological injury of depression. The doctor testified he began treating plaintiff on April 17, 2002 at his office but he had seen her before for several counseling sessions at a counseling center. He stated she was suffering from major depression and that any type of anxiety with depression can make an individual short of breath. He was of the opinion that her depression had resulted from the October 11, 1998 work-related injury and he based his diagnosis on the history she gave him indicating that prior to the accident, she had not had any psychiatric problems and was very happy and had a good life. The doctor felt she had a 70 percent impairment which was a Class IV, marked impairment, under the AMA Guidelines. In evaluating her condition he admitted he did not have the benefit of any of her medical records from other doctors and that his five pages of progress notes did not indicate any diagnosis or mention of permanent impairment.
The deposition of Dr. Suresh Enjeti was introduced to support plaintiff's claim of a lung injury. The doctor said he specialized in pulmonary disease and intensive care. He said plaintiff was first seen at their office by Dr. Jeffrey Werchowski during November 1997 and that Dr. Werchowski had left their practice but he had the medical notes of the doctor. The notes indicated plaintiff had given a history of having asthma symptoms going back to her childhood and that she
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|