Based upon the substantial and credible evidence, as well as the applicable law I find the following:
Only the evidence necessary to support this award has been summarized. Any objections not expressly ruled on in this award are overruled. Claimant testified he was working for Employer on a platform on May 22, 1989 and while he was sanding the back of a car and bending over he felt his back pop. Claimant testified he experienced pain in his neck and down both legs. He reported the incident to labor relations and reported to St. Mary's Hospital. Claimant testified he had a lumbar fusion in 1992 or 1993 and treatment at Saint Louis University's Chronic Pain Clinic. At the time of hearing Claimant complained of terrible pain in his back with pain and numbness in both legs. He complained of headaches and back and leg pain daily. He testified that after the work incident he could not do anything, it affected his ability to work. He testified that he currently takes two types of OxyContin for pain relief. Claimant testified he has not worked since 1989.
Claimant testified he had a motor vehicle accident in 1985 and underwent three back surgeries at that time. He testified he was 100 % better after the 1985 accident. He testified he could perform his job at that time.
On cross-examination Claimant testified that all of the back surgeries that were performed were at the L4-5 level. He admitted to treatment through pain management, including narcotic pain medications after the 1985 accident. He also admitted to hospitalization in 1986 for detoxification from narcotic pain medication and alcohol. He admitted he was off work for approximately three years after his 1985 accident until his return to work in 1988. When he was released to return to work in 1988 he was still on pain medication from his prior back injury. He may have used sick leave after returning to work in 1988 for treatment of hernias and an ulcer. He had an additional low back surgery by Dr. Sprich on January 25, 1991 and a third low back surgery, a low back fusion, performed in March of 1992 by Dr. Murphy.
On cross-examination Claimant did not recall an April 27, 1989 visit to Gateway Community Hospital for persistent back
pain and bilateral radicular pain. Claimant did not recall whether he received weekly benefits from Employer after his May 22, 1989 injury. Claimant admitted he returned to work in 1988 with restrictions, but Employer did not abide by his work restrictions. Claimant admitted that when he returned to work in 1988 he tried many different jobs. Claimant testified that he was a utility worker and that some foremen would advise him to take sick leave for back pain. Claimant testified that he completed an Associates Degree in Liberal Arts after graduating from high school.
Claimant admitted on cross-examination that he was hospitalized for one to two weeks after an assault with a spade subsequent to his May 22, 1989 injury. He admitted he injured his back in the assault, stating that the attacker tried to kill him. He testified that his back has worsened since 1989.
Dr. Robert Poetz testified on Claimant's behalf by depositions taken on November 12, 1990 and August 12, 1993. Dr. Poetz testified he examined Claimant on April 2, 1990 and November 2, 1992. Dr. Poetz testified that Claimant re-injured his back at work on May 22, 1989 while performing restricted duties as a sander. He testified that Claimant reported to St. Elizabeth Hospital's Emergency Department for x-rays of the lumbar spine, which were negative with the exception of a pseudoarthrosis formation at L5-S1. He testified that there was no visual change from the previous exam of June 4, 1985. At St. Elizabeth's Hospital, Claimant was given medication and placed on no work status and followed up with his private physician the next day. Dr. Poetz testified that Claimant underwent further diagnostic studies, which revealed diffuse disc bulging at L4-5, mild scoliosis and degenerative changes. Dr. Poetz testified that his evaluation included diagnoses of history of herniated nucleus pulposus at L4-5 with L4-5 diskectomy, degenerative joint disease at L4-5 and acute lumbar strain with bilateral lumbar radiculitis. Dr. Poetz recommended restrictions including avoiding prolonged standing, walking and lifting as well as additional treatment. Dr. Poetz testified that the mild scoliosis, degenerative changes and pseudoarthrosis pre-existed Claimant's May 22, 1989 injury.
Dr. Poetz testified on August 12, 1993 that he issued a supplemental report dated March 8, 1993 after his receipt of additional medical records. He testified he added the diagnoses of recurrent herniated nucleus pulposus at L4-5 with posterior lumbar interbody fusion. Dr. Poetz testified that work hardening would be appropriate for Claimant to succeed in returning to gainful employment. Dr. Poetz testified that he increased Claimant's permanent partial disability to 50\% of the body as a whole referable to the lumbar spine as a result of the May 22, 1989 injury.
On cross-examination Dr. Poetz admitted that Claimant had radicular symptoms associated with his 1985 injury. He also admitted that the post-1989 diagnostic studies performed were not inconsistent with the previous surgery. Dr. Poetz testified that he did not express an opinion on whether Claimant was permanently and totally disabled. Dr. Poetz testified tha