Claimant: Claimant is fifty-eight years old, a high school graduate, has worked as a roofer since 1972, and has not received any additional educational or vocational training. Claimant has worked as a roofer for Employer for approximately thirty years. Throughout the years, Claimant's duties included unloading supplies from trucks at the worksite, transporting the supplies from the ground to the roof, and application of the roofing materials. Claimant worked mostly on his knees, but was required to lift eighty pound bundles of shingles, and work at a sufficient pace.
On May 8, 2002, Claimant began to experience hip pain that radiated into his buttocks. Claimant discussed his pain with Dr. Berni, who was treating him for a shoulder injury, and Dr. Berni suspected Claimant's pain was coming from his low back. Claimant notified Employer, and Employer sent Claimant to Dr. Blair, an orthopedist.
After examining Claimant, Dr. Blair referred Claimant to his partner and spine specialist, Dr. Reinsel. Dr. Reinsel ordered epidural steroid injections, and Claimant underwent a series of three injections that briefly provided him relief. Following the injections, Claimant's care was returned to Dr. Blair, who informed Claimant he would need back surgery. Claimant was not provided surgery, and he returned to work as a roofer.
Upon his return to work, Claimant experienced low back and hip pain, and numbness in both legs. A functional capacity examination (FCE) was obtained, which demonstrated Claimant should be working with a twenty pound weight restriction. Employer was unable to accommodate the weight restriction, and Claimant left his employment in December 2003.
Claimant has not worked since December 2003, and he has been told by his treating physicians he can no longer work as a roofer. Claimant is unable to walk around a block without pain, and he takes Tylenol for pain, because his physician will no longer prescribe Celebrex for his pain.
Claimant has preexisting injuries to his right knee, cervical spine, bilateral wrists, right thumb and index finger, and his left shoulder. During January 1986, Claimant injured his right knee while working on a house. Claimant had surgery on his knee, and returned to work in approximately six weeks. After returning to work, Claimant used extra knee padding, but continued to experience difficulty climbing steps. He continued to experience aching and stiffness in his right knee, which caused in difficulty performing his job.
During February 1995, Claimant was required to wear a safety harness while performing his roofing activities. The harness restricted to his movement, and Claimant developed pain in his shoulders and arms. Claimant's pain was later attributed to his neck, and he underwent surgery to remove a cervical bone spur. Claimant was unable to work for eight weeks following this surgery. As of hearing, Claimant complains of decreased cervical range of motion, difficulty looking upward, and experiencing a grinding sensation in his neck.
Regarding Claimant's hands, in December 1999, Claimant underwent bilateral carpal tunnel releases. He continues to experience loss of strength in both hands, and finger numbness and aching. During August 2001, Claimant began to experience locking of his right thumb and index finger. Employer had Claimant evaluated by Dr. Tucker, but no treatment was provided. Claimant still experiences locking of his right thumb and index finger.
On August 28, 2001, Claimant was roofing a steep house, and while throwing shingles off the roof, he tore his left rotator cuff and eventually underwent surgery. When Claimant returned to work, his pay was shifted from an hourly rate to piece work. To equal one hours pay, Claimant needed to complete two shingle squares per hour. Claimant was unable to produce this amount of work due to his injuries. Claimant testified he still experiences pain and weakness in his left shoulder
Upon cross-examination by Employer's attorney, Claimant confirmed after he returned to work following his left shoulder surgery, Dr. Berni had placed a fifty pound lifting restriction that he later made permanent. Claimant also confirmed he entered into compromise settlements for all his preexisting injuries. Before his last several injuries, Claimant was able to shingle fifteen squares per day, and his production fell to ten to twelve squares a day when he was placed on piece work. Claimant verified he applied for retirement while still working, was approved for the retirement, and he continued working for a brief period while receiving his retirement.
Claimant's current activities include driving his automatic pick-up truck every day to bring lunch to his wife at work. He runs various errands during the day, and goes to his country mobile home on weekends. Claimant mows grass using a tractor, and he maintains his hunting and fishing licenses. Claimant testified when hunting he used a four-wheeler to get in
and out of the woods, and had several stands previously set up. Claimant also is an active member of his local Elks Lodge, and as a member, he visits patients at a local Veterans Administration Hospital.
Upon cross-examination by SIF's attorney, Claimant verified he returned to full-time work without restrictions after each work injury until his shoulder injury. Claimant also verified he took a pay cut when he was placed on piece work, and although he qualified for retirement, he had wanted to continue working to increase his retirement income, but was unable to do so due to his physical condition. Claimant acknowled