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Hajny v. Ag Processing2/15/2005
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On December 8, 2000, Hajny went to see Dr. Teachworth. Hajny testified that he reported to Dr. Teachworth that he had suffered the "original accident . . . that always caused some pain and residue pain" and that he had a "reoccurring injury." Dr. Teachworth performed a chiropractic adjustment, but according to Hajny's testimony, the adjustment did not significantly improve his pain.
Hajny testified that on December 11, 2000, he was at work when he suffered exposure to a "huge amount of hexane" gas. Hajny lost consciousness and was taken to a hospital for treatment. Hajny testified that he suffered headaches, nausea, and memory problems following the hexane gas exposure. On January 4, 2001, Hajny saw a Dr. Zimmerman for a follow-up examination. Dr. Zimmerman's observations of Hajny included that Hajny's upper extremity strength was "normal" and that his neck muscles were "equally strong" with "no thyromegaly and no lymphadenopathy."
On February 1, 2001, Hajny voluntarily terminated his employment with Ag Processing. Hajny testified that he was motivated to terminate his employment because he had suffered a near death experience, wanted to spend more time with his family, and was looking to find a job that was less physically demanding. One of Hajny's co-workers testified that Hajny had indicated that he was quitting Ag Processing because "the drive was long and he wanted to get back into farming." The co-worker testified that Hajny did not indicate that a claimed neck injury was one of his reasons for quitting Ag Processing.
Hajny testified that on February 26, 2001, he was working on a vehicle when his "hand slipped and thumb went up against the frame . . . and cut tendon in two." Hajny testified that he could "see bone" and that his thumb would not move. Hajny subsequently had surgery to repair the tendon in his thumb.
On March 2, 2001, Hajny filed a claim for unemployment benefits. On March 14, a Department of Labor employee spoke with Hajny about his claim. The abstract of the employee's conversation with Hajny indicates that Hajny "decided to quit . . . because he never had enough time to spend with his teenage son." The abstract does not indicate that Hajny even mentioned any work-related injuries while making his unemployment claim. On March 16, Hajny's unemployment claim was denied because Hajny "voluntarily left job . . . because work conflicted with family responsibilities. quit job voluntarily for personal reasons not connected to the work."
On March 14, 2001, Hajny went to see Dr. Chris E. Wilkinson for a follow-up examination related to his thumb surgery. Dr. Wilkinson's notes indicate:
[Hajny] is also complaining of a new problem. He states that he woke up Saturday morning, [March 10, 2001,] four days ago, and he had pain in his neck with numbness down into his left upper extremity. . . . He has pain along his shoulder and into his forearm. He has pain when he moves his neck in just the right way. He had a chiropractic manipulation of his neck and he states that did not help. He had a similar episode when he was working at a different job in which he was required to lift a lot and he states that got better after chiropractic manipulation.
Dr. Wilkinson's impression was that Hajny might have had "a ruptured cervical disc with nerve impingement."
On March 20, 2001, Hajny went to see Dr. E. Adeleke Badejo, a neurosurgeon, upon a referral from Dr. Wilkinson. Hajny complained to Dr. Badejo of "severe neck pain with radiation towards the left upper extremity." According to Dr. Badejo's March 21 consultation report, Hajny's symptoms began on March 10, 2001. Dr. Badejo's note
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