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Hajny v. Ag Processing2/15/2005
s do not include any reference to or reporting of any of the work-related accidents other than "Hexane poisoning." Dr. Badejo's clinical impression was that Hajny's symptoms were "most likely due to a cervical disc herniation."
On March 21, 2001, Hajny went to physical therapy. The physical therapy notes for March 21 indicate that Hajny's symptoms began on March 10, 2001, "with sudden onset of pain in his neck and numbness into his left arm hand." The physical therapy notes further indicate that Hajny had "been cal ing and carrying sick cal s which in conjunction with [right] arm cast [from prior thumb tendon surgery] has contributed to condition." Hajny testified that those physical therapy notes were inaccurate, and he denied that he had actually been carrying sick calves; he testified that he told the therapist that he "'couldn't even pick up a sick calf if had to.'" Hajny further presented a letter from another physical therapist indicating that he would not have been physically able to lift calves with the cast on and that on March 26, 2001, his cast was not soiled like it would have been if he had been carrying calves or doing farmwork.
On March 30, 2001, Hajny underwent anterior cervical microdiskectomy and fusion surgery. On August 17, Hajny went to see Dr. Benjamin R. Gelber. At that time, Dr. Gelber noted that Hajny's "arm pain better, but he had pain and burning primarily in the neck with some radiation into both arms." Dr. Gelber's assessment of Hajny was that he "may have a pseudarthrosis." On August 28, Hajny underwent anterior cervical fusion surgery. On February 11, 2002, Hajny underwent anterior cervical diskectomy decompression and anterior interbody fusion surgeries.
On March 4, 2002, Hajny authored a letter to Dr. Badejo. In the letter, Hajny wrote that he was "writing [Dr. Badejo] to set the record straight as to what caused [Hajny's] neck-back injury which caused [Dr. Badejo] the need to operate on March 30, 2001." Hajny further detailed his work-related accidents and indicated that he "just felt needed to set the record straight." The record does not indicate that Dr. Badejo ever responded to this letter, but Dr. Gelber wrote to Hajny's attorney on April 1, 2002, that he had "reviewed material provided to by . . . Hajny concerning the history of [Hajny's] neck problem" and that " n the basis of the history provided" by Hajny, it was Dr. Gelber's opinion that Hajny's neck problem was related to his work-related accidents of "June 21, 1999, and November 20, 2000."
On April 2, 2002, Hajny self-referred himself for psychological treatment. Hajny received psychological treatment related to depression, anxiety, and problems with "social, familial, academic, or occupational functioning."
On April 23, 2002, Hajny filed a petition seeking workers' compensation benefits. Ag Processing filed an answer on May 21.
On June 10, 2002, Hajny went to see Dr. Michael C. Longley. Hajny complained to Dr. Longley of neck pain and bilateral arm pain and numbness. According to Dr. Longley's notes, Hajny "allege the above-described symptoms are due to a work-related injury which occurred in June of 1999." Dr. Longley performed a neck fusion surgery on Hajny on July 25. In a letter to Hajny's attorney, Dr. Longley indicated that he had reviewed Hajny's medical records, that he first saw Hajny approximately 2 years after Hajny's alleged work-related accident of June 1999, that there had been treatment by two other surgeons and three prior surgical interventions, and that " s such, it not possible for [Dr. Longley] to make a documented determination regarding the causation of . . . Hajny's ongoing neck and upper extremity pain."
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