On July 30, 2004, the claimant and two co-workers lowered a rack attached to the front of a large truck with pins. When the claimant removed the last pin, the rack struck him in the shoulder and head. He "woke up" on the floor, several feet from the truck. Upon awakening, his head was bleeding from a cut, and he suffered from pain in his head. He went by ambulance to the DePaul Hospital emergency room.
Upon arriving at the emergency room, Mr. Zangraft complained of neck, head, and shoulder pain. X-rays of his neck revealed degenerative changes at C-5-6, and he was released with medication.
On August 2, 2004, he went to Barnes Care and gave a medical history that he had been injured when a three hundred fifty pound rack fell, hit him on the right shoulder and on top of his head, knocked him to the ground
and then back ten feet. He had a headache, neck pain, right shoulder pain, bilateral shoulder pins and needles. X-rays were essentially normal. Barnes Care wanted him to begin therapy. On August 9, 2004, he reported that his head was better but he still had pain in his neck and shoulders and had pain in his low back as well as his upper back. At this time, Barnes Care continued to recommend therapy. He went through several therapy visits with Barnes Care in August 2004 without improvement.
On September 8, 2004, the claimant reported to Dr. Raskas that he had left posterior buttock and left leg pain. The claimant reported that his pain had been worse in his neck and shoulders but his back deteriorated during therapy for the work related injury. The claimant testified that the therapist at Barnes Care tried to adjust his neck and caused the back pain to be much worse. The claimant underwent further therapy at from Dr. Raskas office and Dr. Hurford performed epidural injections at disc space L-5 S-1 on September 28, 2004, and October 21, 2004. However, the claimant continued to complain of back pain. On November 2, 2004, Dr. Raskas performed a laminotomy on a herniated disc at L-5 S-1, removing part of the lamina to provide relief from the pinched nerve and removing disc material. On November 9, 2004, Dr. Raskas performed a microdiscectomy at C5 C-6 and C-6 C-7, a partial vertebrectomy and then fusion and plating. Dr. Raskas took a bone from the claimant's hip for fusing of the neck vertebrae.
After the surgery, the claimant had follow up visits, and Dr. Raskas released the claimant to light duty work on December 15, 2004. Dr. Raskas released the claimant to full duty work on February 16, 2005, and released the claimant from active treatment on May 23, 2005.
The claimant continued to complain of pain in his back and in his neck. He followed up for treatment with his personal family doctor, Dr. Parker, who sent him to Dr. Steven Smith for injections. On September 12, 2005, the claimant consulted Dr. Dave for constant neck and low back pain, which was worse with physical activity and prolonged sitting, standing, walking. The pain varied on a scale of four to nine on a scale of ten. Dr. Dave prescribed pain medication for the claimant from September 2005 and continuing through February 2007. On February 20, 2007, Dr. Dave testified that the claimant requires future medical care and treatment for the remainder of his life. The claimant testified that he has another appointment scheduled with Dr. Dave within the next few months.
Dr. Vic Glogovac diagnosed and treated the claimant for carpal tunnel of the right wrist in 1987.
The claimant testified that he suffers constant neck and low back pain. For a period of time after his work related injury, he returned to the job duties that he had been doing before the injury. However, he also testified that he frequently got assistance from other co-workers due to his neck and low back pain. In July 2006, he received a promotion to a supervisory position where he does much less physical labor and mainly works in an office. He also testified that the new position alleviates his daily neck and back pain.
The claimant also testified that he suffers from weakness, difficulty grasping things, and occasional pain in his right wrist. He testified that he makes accommodations for his right wrist and did so even before the 2004 accident. The claimant testified that he has difficulty reaching overhead due to the pain in his neck and upper back and lifting, bending and stooping, and using tools that vibrate. He limits his household activities due to the pain and limitations in his neck and back. He testified that he used to fish, play softball, bowl, and ride bicycles, but he no longer participates in any of those activities.
The claimant also complains of daily neck pain radiating into both shoulders. He suffers from daily headaches that last for several hours. Range of motion in his neck is limited when looking upward or downward. His difficulty with overhead work is considerable. He suffers from low back pain radiating into the right and left buttocks, bilateral hips, and from the left knee to the foot. If he stands on his feet for several minutes he experiences back and leg pain. Also, if he sits for more than one hour he experiences back and leg pain. He is able to bend but he has difficulty getting back up. Even rising from a seated chair position is difficult for him. He avoids impact activities such as running and jumping. He has numbness in three toes in his left foot and the longer he stands the worse it gets. Any type of strenuous activity causes the back pain to increase.
Dr. Volarich examined the claimant on November 21, 2005, and opined that the work related incident caused the claimant's herniated discs in the claimant's neck and low back. See Dr. Volarich deposition, pages 5, 11. Dr. Volarich opined that the claimant sustained a permanent partial disability as a result of the work related incident of forty-five percent of the cervical spine, and thirty percent of the lumbar sacral spine. See Dr. Volarich deposition, pages 12, 13. He also opined that the claimant required future medical care and treatment. See Dr. Volarich deposition, page 14. He opined that the claimant has a fifteen percent permanent partial disability of the right wrist for the carpal tunnel problem and that the claimant's overall disability (combining the work related injuries and the prior carpal tunnel problem) is greater than the simple sum. See Dr. Volarich deposition, pages 13, 14. Dr. Volarich placed a number of restrictions upon the claimant including limiting repetitive bending, twisting, lifting, pushing, pulling, carrying, climbing and other similar tasks; not handling we