Employer produced the medical report and deposition testimony of Dr. Robert Bernardi, a board certified spinal neurosurgeon. Dr. Bernardi examined Claimant on October 21, 2009, and reviewed Claimant's medical records provided by Employer. Dr. Bernardi noted on July 9, 2007, Claimant had undergone an L4-5 decompression and fusion, but was still undergoing medical care in North Carolina. ${ }^{9}$ Dr. Bernardi's noted in his review of Claimant's medical records the following:
9/11/2000 - Claimant was seen in the emergency room at Missouri Baptist Hospital complaining of groin and leg pain. X-rays demonstrated degenerative L4-5 spondylolisthesis with L5-S1 facet disease. Dr. Bernardi noted "there is nothing in this ER note
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[^0]: ${ }^{3}$ The Division records reveal only two reports of injury that match two formal claims filed on behalf of Claimant by her prior attorneys. The two formal claims are the subjects of the hearing held on June 4, 2013. For purposes of this decision, the remaining testimony surrounding the other four alleged injuries is disregarded, but preserved in the record for any future appeal.
${ }^{4}$ From the available admissible record, it appears Claimant worked for Employer at Lakeside (a juvenile detention facility) as an adolescent care specialist.
${ }^{5}$ Claimant provided no testimony or documentary evidence regarding the emergency room location or the date of her visit.
${ }^{6}$ No medical records from Barnes Care were introduced into evidence at trial.
${ }^{7}$ No medical records leading up to or after her surgery were introduced into evidence at trial.
${ }^{8}$ Claimant moved to N.C. for the second surgery so she would have family help during recovery. These medical records are also not in evidence. Claimant continues to reside in N.C.
${ }^{9}$ It appears Dr. Bernardi examined Claimant after her first surgery, but before her second surgery.
to suggest that her complaints might be work related." Dr. Bernardi also noted Claimant had reported her symptoms had been present "for months" and were worsening.
9/13/2000 - Claimant returned to the emergency room complaining of buttock and leg pain that had been present for one month. Dr. Bernardi noted the emergency room record recorded Claimant's symptoms were not the result of any recent injury, and there was no mention the symptoms were work related.
9/14/2000 - A MRI of the lumbar spine demonstrated L4-5, L5-S1 degenerative disc and facet disease with severe spinal stenosis at L4-5, and L4-5 spondylolisthesis. On September 20, 2000, Claimant underwent a lumbar epidural steroid injection.
10/3/2000 - Claimant was seen by Dr. Dave (pain management), who noted Claimant had experienced the onset of low back pain and bilateral leg pain at work, but she did not recall any specific incident. A second epidural steroid shot was administered, and a third injection was given on November 6, 2000.
12/04/2000 - Claimant was evaluated by Dr. Krettek, a neurosurgeon. Dr. Krettek had noted Claimant reported her symptoms had started after "an overnight some three months ago, she was moving furniture, going up and down stairs, and carrying a heavy time clock." On the day of examination Claimant had completed a questionnaire and reported her symptoms had been present for approximately three months, the symptoms had developed at work, and she "had gone straight to the emergency room." Surgery was recommended.
1/11/2005 - At her request, Claimant was examined by Dr. Margolis, a neurologist. Claimant told Dr. Margolis her injury occurred at work on July 30, 2000, she had experienced immediate back and bilateral leg pain, and she had gone to the emergency room. Dr. Margolis opined Claimant's work injury had caused her preexisting spinal stenosis to become symptomatic, and rated her injury at 30 % BAW PPD.
7/03/06 - At Employer's request, Claimant was examined by Dr. Mirkin, an orthopedic spine surgeon. Dr. Mirkin opined Claimant's degenerative condition preexisted her work injuries, but the condition was made symptomatic by the work injuries.
12/20/08 - At her request, Claimant was seen by Dr. Shuter, a neurologist. Dr. Shuter opined Claimant's work injury had aggravated her preexisting degenerative spine disease, and he rated her injury at 70 % BAW PPD.
Dr. Bernardi noted Claimant had been requested to complete a Zung Depression Index prior to his examination, but had only answered one question. Following his examination and record review, Dr. Bernardi opined Claimant's back problems couldn't "logically [be] attributed to her employment." Dr. Bernardi opined Claimant's spinal abnormalities were degenerative and not caused by any work related injuries that Claimant had described. Dr. Bernardi conceded while it is possible lumbar spine related radicular symptoms may be aggravated by a work injury, one would have to believe Claimant was providing an accurate history to reach that conclusion, and Dr. Bernardi found Claimant to be such a poor historian as to not be credible. During deposition testimony Dr. Bernardi testified as follows:
So I think it is possible that a traumatic incident could have aggravated her stenosis. But in that situation everything hinges upon the patient's history because they are describing their symptoms as occurring as the result of a singular event, an accident. And so the person's history has to be consistent and it has to be believable and it has to be reliable across time and the different examiners that she sees. And I just did not believe that Miss Fulcher-Tate was a credible historian.
(Exhibit 2, pg.18)