Claimant is a 35 year old man who began working for Employer, a commercial bakery, in March, 2005. Claimant worked evenings as a janitor, and was responsible for cleaning the premises after the store closed for the day. Although Claimant never graduated from high school or obtained a GED, he lied on his job application with Employer, by claiming to have a GED.
Claimant testified on May 26, 2005 he began working between 8:00 and 8:30 P.M. Claimant's girlfriend accompanied him as he performed his work. Claimant testified between 10:30 and 11:00 P.M., he was in the Baker's room when he lifted a large industrial size trash bag and felt a popping sensation in his low back followed by immediate pain. Claimant testified he attempted to finish his work for the day. Claimant testified while taking the trash out to the dumpster, which was approximately 100 yards away from the Baker's Room, his back pain increased and his legs became weak. Claimant testified he had numbness and tingling in his legs and was unable to move his legs. He testified his back pain continued to intensify, and he instructed his girlfriend to lock the doors and take him to the hospital. Claimant testified he tried to make his way to the front of the store to get to his car, but was hurting so badly he was unable to walk.
Claimant's girlfriend called 911, and Claimant was transported by ambulance to St. Anthony's hospital. The emergency room records indicate Claimant gave a history of onset of low back pain from lifting a heavy object. Claimant complained of bilateral paralysis and numbness. One of the physicians who examined Claimant stated: "We tried to get patient up, but he persisted in story of not being able to walk/feel sensation. Patient did jump when I did rectal exam. . . I I did explain to patient that picture did not make clinical sense."
Claimant was admitted, and an MRI of the thoracic spine showed marginal spurring with residue of juvenile discogenic disorder without any acute process, and an MRI of the lumbar spine was normal. X-rays of his thoracic spine were normal. The admission notes indicated the neurological examination did not correspond to a specific anatomical distribution, nor was it indicative of any serious spinal cord injury.
A neurosurgical consultation was obtained, and Dr. Paul Young diagnosed likely hysterical paralysis, and recommended a psychiatric consultation. Dr. Chilakamarri, a psychiatrist, consulted, who felt Claimant likely had depression. Physical therapy was prescribed; Claimant slowly began to improve, was eventually able to use a walker, and was discharged. The discharge diagnoses were: lower extremity weakness which is improving; low back pain; probable depression; and obesity.
In the discharge report Claimant gave Dr. Sharda a history of accident of lifting heavy boxes of baking goods weighing about 75 to 100 pounds when he felt a pop in his back, followed by sudden weakness in his lower extremity, and being unable to get up.
After some home health care visits, Claimant has had no additional treatment for his alleged injury. Claimant testified he hardly has any pain as a result of his alleged accident of May 26, 2005, but he incurred medical expenses in the amount of $\ 15,928.80, and was unable to work for three weeks.
Claimant sustained a previous back injury in 1998 while working for Universal Printing Company. The history of that accident is similar to the history of his alleged accident of May 26, 2005. Claimant was referred to BJC Corporate Health for treatment by his Employer, and gave a history of back pain after lifting bales of binding. He gave a history of first feeling weak in the legs. Claimant was treated conservatively, and settled his claim for 5\% PPD of the body as a whole in July, 2000.
In 1999, Claimant was seriously injured in a race car accident, and was admitted to Barnes-Jewish hospital. Claimant complained of lower back pain and an inability to move his lower extremities. An MRI was obtained which showed some epidural enhancement consistent with small hematoma, but no evidence of bony, ligamentous, or spinal cord injury. The impression was spinal cord contusion and sacral sparing [sic] with an incomplete spinal cord injury. Claimant eventually made a full recovery, and testified he had no residual problems from this injury leading up to the alleged accident of May 26, 2005.
Mr. Randall McArthur testified on behalf of Employer. A surveillance videotape of the evening of May 26, 2006 was admitted into evidence. The videotape showed Claimant working, and he did not appear to have any difficulty with his legs. It shows him at one point holding his lower back, as if he is in pain.
Claimant has worked for eight different employers over a ten year period. Between 1991 and 2005, Claimant had 12 reported work injuries. Claimant worked for three different employers before the alleged injury in 2005, and left
each of those employers because of work injuries. Since working for Employer, Claimant left another employer because of a work injury.
In 2007, Claimant injured his neck and head in a car accident. He is currently treating for that injury, and walks with a cane as a result of injuries he sustained. He is currently not working because of that accident, and has a pending lawsuit.
Claimant was convicted five times for Driving While Suspended, and was convicted of misdemeanor stealing.
Dr. Thomas Musich, who is board certified in family practice medicine, testified on behalf of Claimant. Dr. Musich examined Claimant on February 14, 2006. Claimant told Dr. Musich he injured his low back on May 26, 2005, while pushing a commercial steel frosting barrel when he felt a pain in his low back. Claimant told Dr. Musich he continued to work, and later in his shift was lifting commercial bags out of trash cans when he noticed severe low back pain and his legs would not move. Dr. Musich diagnosed lumbar strain, mechanical low back pain, and sacroiliac joint dysfunction resulting from the work injury of May 26, 2005. Dr. Musich testified the work trauma of May 2005 is the prevailing factor in the development of acute low back pain, and the need for hospitalization at St. Anthony's Medical Center through June 7, 2005. Dr. Musich rated Claimant's disability at 15\% PPD of the body as a whole referable to his lumbar spine.
Dr. John Gragnani, who specializes in physical medicine and rehabilitation, and occupational and environmental medicine, testified on behalf of Employer. Dr. Gragnani examined Claimant on October 23, 2007. Dr.Gragnani testified bilateral lower extremity paralysis is usually caused by a significant compression either on the spinal cord or the caudal nerves below the level of the end of the spinal cord. Dr. Gragnani testified it would be possibly caused by, but not necessarily limited to, such things as dislocations of the spi