James Becherer: Claimant is 46 years old, married with two children ages 6 and 21 and three stepchildren. Claimant quit school after ninth grade and later obtained a GED at age 18.
His wife works the early shift for Employer.
Claimant's early jobs include managing a trailer park, operating a forklift, performing manual jobs, and carpentry. He has no office experience, minimal computer or clerical skills, and he is able to use the Internet after taking a one-day class.
Claimant worked for Employer, an alcohol bottling company, from 1982 until February 2004. After performing plumbing, carpentry, electrical, machine change over and repair work for Employer, Claimant progressed to a maintenance position a few years ago where he climbed ladders, installed 10,000 feet of pipe, crawled, carried items and built offices.
On September 16, 2002, Claimant was forcefully using a pipe wrench to remove plumbing when he injured his right groin. He immediately felt pain. He noticed a lump that evening, reported it the next day to his supervisor, and was sent to the doctor. A short time later, he was referred to Dr. Pruitt who diagnosed a hernia and repaired it with mesh in his right groin area, resulting in a 4 -inch long scar. Immediately after surgery, he experienced a burning sensation to the touch. His thigh and abdomen were normal, but the line to his mid thigh was numb. Dr. Pruitt referred him to Dr. Tate who provided a nerve block, which lasted 24 hours. He was referred to Dr. Mackinnon who referred him to Dr. Swarm for pain management. Dr. Swarm prescribed Neurontin, which caused grogginess and difficulty making decisions.
Claimant's right leg became swollen and painful when walking. Dr. Mackinnon performed surgery and opined a nerve may have been damaged but not severed in the location of the hernia. After surgery, Claimant returned to work light duty working from two to six hours a day with extreme pain, difficulty sitting or standing on concrete, and shooting pain without activity. In December 2003, Dr. Swarm increased Claimant to working eight hours a day, which was difficult for him, so the hours were reduced to four a day and he filed for FMLA.
Claimant experienced some relief with rest. Claimant quit working because Employer would not accommodate a sixhour schedule. He was prescribed Oxycontin three times a day, which caused him to be delirious, incoherent, and experience feelings of uselessness. He has taken up to twelve pills a day for pain.
Dr. Mackinnon referred Claimant to Dr. Swarm who prescribed physical therapy and rehabilitation, medication and a TENS unit. Claimant felt he was crippled and unable to work. Dr. Swarm referred Claimant to a psychotherapist, Dr. Zhang, who prescribed Ambien for sleep in February 2004.
In 2006, Dr. Swarm installed a stimulator into Claimant's groin, which provided some relief, but there were side effects such as shocks, jolts with coughing, and discomfort with sitting. The stimulator was later removed.
Claimant currently complained of right groin pain all day, increased with movement, pain in the testicle and abdomen, inflammation in his back and buttocks with excessive lifting. Claimant's pain level is 10 out of 10 . Sitting is uncomfortable. Pressing on the brake pedal causes a shooting pain into his groin; he has difficulty sleeping, and frequent urination during the night. To obtain comfort, Claimant wears loose clothing, sleeps nude and avoids elastic bands.
Intercourse is painful and Claimant is unable to achieve orgasm. He increases medication intake at the end of the day. He thinks about the pain every time he moves and is anxious and fearful. On cross-examination, Claimant testified he has not applied for full or part time work and Dr. Liebhaber was incorrect if he said Claimant had.
Claimant testified he is able to do laundry (three loads twice a week), grocery shop, cook (four to five nights per week), clean, and cut the grass with a self-propelled lawn mower. He trims and fertilizes the lawn with a spreader, feeds and walks the dogs, cares for his young son, wakes him and drives him to and from school, karate class, plays ball with him, spends up to 20 hours per week on the internet, and transfers money on-line.
He started receiving social security in 2004. Pain and side effects from medication prevent him from working forty hours a week. Claimant stops taking medication occasionally because of the side effects. He lies around the house to keep the pain down. The pain is excruciating and causes depression. His right thigh and abdomen have gotten worse. He takes Oxycontin, which is expected to cost $\ 400 to $\ 500 a month.
On cross-examination, Claimant admitted he missed two of eight pain management sessions, was