Claimant: Claimant is 46 years old, and has a tenth grade education. He has worked as a laborer throughout his working life. Prior to his last work injury, Claimant worked for Employer since 1991. Claimant was employed as a floor installer, installing carpet, tile, and hardwood floors.
On December 2, 1994, Claimant was working the night shift installing carpet in an optical office. As a part of this job, Claimant and his work partner were required to move and replace an optical machine weighing approximately 400 pounds. While replacing this machine, Claimant heard a pop in his back, and felt immediate pain. At the time of injury, Claimant was wearing a back brace as a preventative measure, and kneepads supplied by Employer. Claimant informed his work partner and went home to bed, not staying to assist in clean up.
The next day, Claimant asked his wife to arrange an appointment with Dr. Roedel, a chiropractor. He spent the weekend in bed due to back discomfort. Claimant returned to work the following week, and was treated by Dr. Roedel after working hours. When he did not improve under Dr. Roedel's care, Claimant sought treatment with Dr. Weiss, an orthopedist.
Claimant began treatment with Dr. Weiss on December 21, 1994. Claimant was given injections and physical therapy was provided. During this time period, Claimant worked approximately 32-40 hours per week. Claimant was offered, but did not work any overtime due to his back. Claimant last worked for Employer on January 5, 1995. In April 1995 a CT scan of Claimant's low back was obtained, and Dr. Weiss informed Claimant a disc was herniated in his back. Claimant was advised to see a neurosurgeon.
Claimant next saw Dr. Scodary, a neurosurgeon who reviewed Claimant's diagnostics, but provided no treatment. Employer then sent Claimant to Dr. Gragnani, who also provided no treatment. During June 1995, Claimant sought treatment in an emergency room due to increasing back pain.
Claimant's attorney referred him to Dr. Schoedinger. During the course of his treatment with Dr. Schoedinger, Claimant underwent four back surgeries. Claimant was also seen by multiple pain management specialists, and was provided different treatment modalities. Since 1999, Claimant has received pain management treatment under the care of Dr. Feinberg. Claimant has also received psychiatric care on occasion for depression.
Claimant's current complaints revolve around back pain that he considers continuous and excruciating. He reported non-stop pain for the last 1-2 years, and acknowledged taking multiple doses of methadone on a daily basis. Additionally, Claimant experiences sleep disturbance, as he has difficulty laying flat. In December 2003, Claimant fell down his basement stairs after losing his balance. Claimant's symptoms initially flared, but shortly returned to baseline. Claimant continues to drive, and he drove himself to the hearing. Claimant was released by Dr. Schoedinger in 2000, and has not seen him since.
Claimant testified to multiple preexisting injuries that included the following: a 1980 motor vehicle accident in which he fractured his pelvis; a 1982 injury from a scaffold fall in which he injured his back and fractured his right foot, requiring surgery to the foot/ankle; a 1983 injury that fractured his right wrist; another 1983 injury in which he was thrown from a motorcycle; a head/neck injury in 1984 after being assaulted; a 1984 work injury that resulted in his first back surgery; and a 1987 work injury to his right ankle.
Regarding his preexisting injuries Claimant testified as follows: following his 1984 back surgery, Claimant testified to experiencing stiffness, but had no difficulty lifting, bending, or stooping. Claimant later clarified his back soreness was due to the heavy work he did. He also never missed work, took medication, or had to seek post-release medical care for his back. Regarding his foot/ankle, including the 1987 re-injury, Claimant testified to stiffness/soreness, but never wore a brace at work, took no medication, and found it never limited his job duties. Regarding his neck, Claimant testified he had one neck spasm since recovering from the initial injury. Finally, Claimant acknowledged deposition testimony where he reported the ability to always do his job 100 % after recovery from each preexisting injury.
Dr. Barry Feinberg: Dr. Feinberg began to treat Claimant in 1999, upon referral from Dr. Schoedinger. Prior to treatment with Dr. Feinberg, Claimant had received pain management treatment with two other pain management specialists. In addition to routine pain management treatment, Claimant had undergone two specialized treatments. The first involved an attempt to break up scar tissue by use of an endoscope. The second treatment was a denervation of a lumbar nerve. Neither procedure provided relief.
When he first examined Claimant, Dr. Feinberg found multiple spinal abnormalities, and concluded that additional spinal surgery would not be beneficial. Dr. Feinberg has provided Claimant with a multi-faceted treatment approach including trigger point injections, epidural steroid injections, facet blocks and medic