In May 2003, this then 42-year-old claimant, a machinist, suffered repetitive trauma to his elbows and developed cubital tunnel syndrome. The claimant testified his job duties required repetitive movement of his hands and arms and upper extremities with extreme torque and vibration. He testified he performed these movements an average of hundreds of times per day. He testified he told his employer about his symptoms. See Exhibit 2, page 29. The claimant's doctors took him off work from June 16, 2003, through August 11, 2003. The claimant testified after trying to return to work for one week, the claimant's employer placed him on administrative leave and then terminated him when he was unable to return to work.
On June 16, 2003, the claimant went to Dr. Sherrill complaining of bilateral hand weakness and numbness. The claimant reported increased difficulty executing activities at work. Dr. Sherrill noted the claimant had become myelopathic and ordered X-rays and an MRI of the cervical spine. Dr. Sherrill took the claimant off work pending the results of the MRI. See Exhibit 6. On June 23, 2003, an MRI of the cervical spine without contrast revealed posterior disc spur complexes at C4-5 and C5-6, which touched, but did not compress the spinal cord. See Exhibits 6, 12. On June 30, 2003, the claimant returned to Dr. Sherrill who referred the claimant to Dr. Ghazala Hayat for a neurological exam. See Exhibit 6.
On July 17, 2003, Dr. Peeples performed an EMG/nerve conduction study showing results were within normal limits with no evidence of right or left median or ulnar neuropathy. See Exhibit 7. On August 19, 2003, the claimant went to Dr. Hayat who recommended additional diagnostic testing. See Exhibit 15. On September 24, 2003, the claimant underwent another EMG/nerve conduction study at St. Louis University Hospital. This study was consistent with bilateral carpal tunnel syndrome with no evidence of right cervical radiculopathy. See Exhibit 6. On October 1, 2003, the claimant returned to Dr. Hayat and her assessment was bilateral carpal tunnel syndrome. Dr. Hayat recommended the claimant see a hand surgeon. See Exhibit 15.
On October 9, 2003, Dr. Gray examined the claimant for shooting pains in his right wrist with some numbness and extreme right upper arm and shoulder pain. Dr. Gray did not believe the claimant's carpal tunnel syndrome was related to his neck problems. Dr. Gray recommended the claimant see a neck surgeon and provided wrist splints for the bilateral carpal tunnel syndrome. See Exhibit 16.
On October 28, 2003, the claimant followed up with Dr. Hayat, who diagnosed bilateral carpal tunnel syndrome and signs of myelopathy could be related to an old injury. See Exhibit 15. On November 13, 2013, the claimant followed up with Dr. Gray complaining of bilateral carpal tunnel symptoms and arm pain. Dr. Gray's assessment was bilateral arm pain not related to carpal tunnel syndrome. Dr. Gray referred the claimant to Dr. Farias for a second opinion on carpal tunnel syndrome and to Dr. Place, an orthopedic spine surgeon for evaluation of neck pain. Dr. Gray recommended the claimant remain off work pending these evaluations. See Exhibit 16.
On November 21, 2003, the claimant reported to Dr. Farias he was having hand symptoms similar to the symptoms he experienced prior to his carpal tunnel surgeries in 2000.
WC-32-R1 (0-81)
Page 4
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
and pain in his right upper arm and shoulder. Dr. Farias' assessment was recurrent carpal tunnel syndrome with EMG evidence of mild ulnar nerve neuropathy. Dr. Farias recommended surgery. See Exhibit 16.
On November 26, 2003, Dr. Farias performed right carpal and cubital tunnel open release. At his December 16, 2003 follow-up with Dr. Farias, the claimant reported improvement in his right hand, but his left hand symptoms were starting to wake him up at night. On December 23, 2003, Dr. Farias performed left carpal and cubital tunnel open release. On December 30, 2003, Dr. Farias noted the claimant was doing well after surgery and kept him off work for two more weeks. See Exhibit 16.
On April 2, 2004, the claimant went to Dr. E. R. Anderson for chiropractic treatment. Dr. Anderson opined the claimant was unable to work due to all his problems and might have to seek employment in a different area. See Exhibit 11.
On May 26, 2004, the claimant returned to Dr. Fitzgerald. The claimant reported back, neck and arm pain, that his hands were always cold, and that he was unable to sleep due to pain. Dr. Fitzgerald noted decreased grip bilaterally with right worse than left, bilateral arm pain and decreased range of motion in the claimant's neck. Dr. Fitzgerald opined the claimant was not able to perform a substantial portion of his trade as a machinist and recommended a disability evaluation. See Exhibit 10.
On June 16, 2004, Dr. Fitzgerald described the claimant as walking with a slow, wide-based gait and multiple spasms in the thoracic and lumbar spine. Dr. Fitzgerald noted the claimant was unable to sit or stand for prolonged periods of time and had difficulty with prolonged fine motor activities. Dr. Fitzgerald concluded the claimant could not perform sustained activity 8 hours per day, 5 days per week at the sedentary level because of his neck and low back pain and his difficulty with prolonged fine motor operations. Dr. Fitzgerald completed a Social Security Disability form stating the claimant was unable to sit or stand for prolonged periods, had difficulty with prolonged motor operations and was unable to perform full-time employment at the sedentary level. See Exhibit 10.
The claimant has continued to follow up regularly with his primary care physician, Dr. Felipe Eljaiek, for prescriptions and treatment related to his chronic neck and back pain as well as other conditions. See Exhibit 22. In 2017, Dr. Eljaiek referred the claimant to Dr. Youkilis for a neurological evaluation of his chronic neck and back pain. See Exhibit 23.
On June 19, 2017, Dr. Youkilis examined the claimant for chronic neck, back, thoracic, and lumbar spine pain and poor balance. The claimant reported in December 2016, while helping his grandmother into a car, his back pain worsened. Dr. Youkilis noted at the time he examined the claimant, his primary complaint was pain at the lumbosacral junction, worsened by sitting and standing and pain in his neck and thoracolumbar junction. See Exhibit 23.
Dr. Youkilis noted a lumbar spine MRI on December 9, 2016, revealed multilevel degenerative changes most prominent at L5-S1, associated with Modic endplate change; facet arthropathy at L3-4, without significant stenosis; facet arthropathy at L4-5, associated with mild to moderate left lateral recess stenosis; degenerative disease and height loss at L5-S1, associated
WV-32-R1 (6-81)
Page 5
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
with foraminal stenosis, right greater than left; and mild left lateral recess stenosis at L5-S1. An MRI of cervical and thoracic spine on March 6, 2017, revealed spondylosis at C2-7, associated with loss of lordosis; moderate central canal stenosis at C4-6; no signal change in cervical or thoracic spinal cord; chronic appearing compression deformity of the superior endplate of T10, associated with kyphosis at T9-10.
Dr. Youkilis' assessment was a history of chronic disability, chronic narcotic use and chronic smoking, chronic low back pain, which has worsened since December, and hyperreflexia of unclear etiology. Dr. Youkilis' recommended referral to neurologists for further workup of his hyperreflexia and unusual balance problems and that physical therapy would be beneficial. Dr. Youkilis concluded there was no clear role for neurosurgical intervention at that time. See Exhibit 23.
The claimant testified after the bilateral carpal and cubital tunnel open release surgeries in November and December 2003, his symptoms improved, but he continued to have pain, numbness and tingling in both arms, loss of strength and dexterity in his hands and difficulty sleeping due to the pain. On May 26, 2004, the claimant reported to Dr. Fitzgerald he continued to experience back, neck and arm pain, his hands were always cold, and he was unable to sleep due to pain. At that time, Dr. Fitzgerald noted decreased grip bilaterally with right worse than left, bilateral arm pain and decreased range of motion in the claimant's neck. See Exhibit 10. On November 30, 2004, the claimant reported to Dr. Poetz he had difficulty lifting, carrying, writing, crossing his fingers, and buttoning his shirt and tying his shoes and loss of strength, cramps and limited movement in his hands. See Dr. Poetz report, page 1.
On July 20, 2015, the claimant settled this 2003 Claim with his employer for 17 1/2% of each elbow and left the Second Injury Fund Claim open. See Exhibit 1.
Pre-Existing Medical Conditions
The claimant alleged he had five serious pre-existing medical conditions: (1) Thoracic compression fracture at T11, (2) Herniated nucleus pulposus at C4-5 with degenerative disc disease, (3) Sleep apnea, (4) Bilateral carpal tunnel syndrome, and (5) Cervical strain and radiculitis with exacerbation of prior herniated nucleus pulposus at C4-5.
(1) In 1979, the claimant suffered a T11 compression fracture in a motorcycle accident and received conservative treatment for his injuries. See Exhibits 2, 19, Dr. Poetz report, page 5. The claimant testified he continued to have some pain and stiffness in his upper back since 1979 and sometimes made it difficult to get into the awkward positions required by his job.
(2) On June 26, 1998, an MRI of the claimant's neck revealed degenerative disc disease at C4-5 and C5-6 with disc protrusion lateralizing into the foramen at C4-5 and a more prominent protrusion lateralizing to the left at C5-6. See Exhibit 5. On July 9, 1998, the claimant reported to Dr. Sherrill he had experienced neck pain since his motorcycle accident in 1979, but the neck pain had worsened in the previous six months and he had difficulty sleeping due to the neck pain. Dr. Sherrill recommended traction, wearing a collar at night, and changing from a waterbed to a regular mattress. See Exhibit 6. On October 5, 1998, the claimant reported to Dr. Sherrill that by wearing the collar at night and changing his mattress, he had been able to
WV-32-81 (6-81)
Page 6
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
reduce episodes of severe neck pain from one every other week to one per month. See Exhibit 6.
The claimant testified since 1998, the stiffness in his neck made it difficult to get into the awkward positions sometimes required to load and unload parts into the vise and to tighten and loosen the vise with very heavy parts.
(3) In 1990, Dr. Marchiando examined the claimant for complaints of a left-sided airway obstruction. On October 10, 1990, Dr. Marchiando performed a septoplasty to correct a septal deviation. See Exhibit 4. In 1999, the claimant was diagnosed with sleep apnea and has used a CPAP machine to treat the condition since then. See Exhibits 2, 19, Dr. Poetz report page 5. However, the claimant testified the CPAP is no longer effective because it dislodges when he tosses and turns at night due to upper extremity pain. The claimant testified as he had more and more difficulty sleeping, it made it harder to concentrate at work.
(4) In 2000, the claimant developed bilateral carpal tunnel syndrome and filed a Claim for Compensation with his employer. The claimant settled his 2000 claim with his employer based on a 20% permanent partial disability of the right wrist and a 17.5% permanent partial disability of the left wrist with a 10% load and four weeks disfigurement. See Exhibit 1. A Worker's Compensation Award in Injury Number 00-179638 presents a detailed statement of the factual background relating to that condition.
(5) In 2002, the claimant developed increased cervical arthritis C4-6 and right arm weakness with radicular symptoms in the forearm and hand resulting in complaints of neck pain and right arm numbness, headaches and dizziness with periods off work. On July 2, 2003, the claimant went to Dr. Solman complaining of right hand and arm pain with numbness. Dr. Solman noted the claimant's history of neck pain and arthritis. X-rays of the cervical spine showed loss of normal cervical lordosis, as well as decreased disc space and degenerative changes at C4-6. Dr. Solman diagnosed cervical arthritis C4-6 and right arm weakness with radicular symptoms in the forearm and hand. Dr. Solman referred the claimant to Dr. Petkovich, a neurosurgeon, due to decreased reflexes and significant decrease in strength with radicular signs. See Exhibit 13.
On July 3, 2003, Dr. Petkovich examined the claimant and reviewed cervical spine X-rays that demonstrated overall structural alignment with mild degenerative changes at C4-5 and C5-6. Dr. Petkovich assessed the claimant with soft tissue cervical strain with mild degenerative changes. Dr. Petkovich recommended aggressive physical therapy with cervical traction. Dr. Petkovich released the claimant to return to work as tolerated. See Exhibit 14. On July 21, 2003, Dr. Petkovich diagnosed muscular and ligamentous soft tissue cervical strain with multiple subjective complaints of pain. He recommended Bextra, physical therapy and work as tolerated. See Exhibit 14.
On September 11, 2003, MRI's of the claimant's brain and thoracic spine showed an old T10 compression fracture with effacement of, and focal volume loss of the cord at that level and C5-6 canal stenosis. See Exhibit 6. On September 23, 2003, Dr. Hayat noted the MRI showed bulging discs at C5-6. See Exhibit 15.
WU-32-01 (6-81)
Page 7
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
The claimant testified after he stopped working in 2003, his neck pain went back to the level it was on February 22, 2002. The pain would temporarily worsen in bad weather or if he overexerted himself, but it would always go back to the 2002 level. The claimant testified his neck condition made it hard to concentrate and do his job because of the pain and tightness in his neck and the pain in his arm. Because of the pain and tightness in his neck, he had to move his whole body when he wanted to look to the side. He had to do things differently due to pain and had trouble meeting his quota. It also affected his sleep.
In 2015, the claimant settled his Workers' Compensation Claim with his employer based on an 18.9% of the neck. See Exhibit 1. A Worker's Compensation Award in Injury Number 02-156441 presents a detailed statement of the factual background relating to that condition.
Current Complaints and Limitations
The claimant testified in 2019, a decade and a half after this occurrence, the claimant's hands are always cold and he has trouble writing due to hand cramps and loss of dexterity. The claimant testified his wife does the housework, cooking and grocery shopping and the claimant's wife has to help him with buttons, shoelaces, and driving if he has to go more than a short distance. The claimant testified he is now taking the following prescription medications prescribed by his primary care physician:
- Pristiq once a day for depression (before that Effexor)
- Clonazepam twice a day for pain in his neck and upper extremities
- Gabapentin twice a day for pain in his neck and upper extremities since 2003
- Oxycodone 3 times a day for pain in his neck and upper extremities since 2018 (before that Fentanyl since 2003)
- Skelaxin (a muscle relaxer) two times a day since 1998
- Melatonin (a sleep aid) once a day since 2017
- Ambien/Zopinol (a sleep aid) once a day since 1995
- Quetiapine once a day for high blood pressure since 2018
The claimant testified these medications make him drowsy and affect his concentration and memory. The claimant testified he has difficulty sleeping every night due to the pain in his neck and arms and back. He wakes up multiple times during the night and his CPAP is not effective, since he has to change positions frequently due to the pain. As a result, he is always tired and he has to lie down several times during the day. The claimant testified the pain and fatigue from not sleeping well makes it difficult to concentrate.
The claimant testified he used to enjoy playing the guitar, fishing and hunting, and doing gardening and yard work, but he can no longer do any of those things. The claimant testified he can mow his small lawn using a riding mower and clear snow from the short driveway using a 4-wheeler, but it is very difficult and he has to take multiple breaks. The claimant testified he and his wife used to go to the movies and go out dancing, but he can't do that anymore because of pain and limited movement and because he has to change position frequently.
WC-32-R1 (6-81)
Page 8
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
The claimant testified since the last work injury in 2003, he can only drive short distances and he has a handicap sticker for his car. Driving in traffic is very difficult, because he has difficulty turning his head and concentrating.
The claimant testified since 2003, he had one job interview in 2005 at Atro Engineering in Sullivan, Missouri. When they found out about his physical limitations, the interview ended and he never heard from them. The claimant also testified he is unable to update his certifications because he cannot sit or stand for prolonged periods, he cannot use the computer for very long because of his hands and wrists and arms and neck, and he has trouble focusing because of lack of sleep. He testified he tried to go back to school in 2004 or 2005, but he could not sit, write, or concentrate.
Educational and Vocational History
The claimant left school after the ninth grade and later received his GED. The claimant took some college courses in drafting, computer numerical control and Cam/Cad at East Central College in Union, MO. See Exhibit 2. He earned a one-year drafting certificate from the community college courses and received a certificate from a two-day course. See Exhibit X. The claimant testified that these certifications are not current because the technology changes every 6 months or so, and machinists have to be re-trained on the new software.
From 1980 to 1994, Carden Machine Shop employed the claimant as a machinist. The claimant operated a CNC lathe. He described his duties as light because the programmed machine did all the work. From 1994 until he stopped working in 2003, this employer employed the claimant as a machinist, and the claimant operated a manual Bridgeport type mill and a semimanual CNC mill. The claimant testified after Dr. Petkovich released him to return to work on August 11, 2003, and he worked until August 19, 2003, when he stopped due to constant pain in his neck and arms. His employer put him on administrative leave and eventually discharged him.
Robert P. Poetz, D.O.
On November 30, 2004, Dr. Poetz reviewed medical records, Dr. Wagner's report, and a job description questionnaire for repetitive trauma injuries that the claimant completed, took the claimant's verbal medical history, and performed a physical examination.
In his 2004 report, Dr. Poetz described Claimant's complaints:
I have difficulty with lifting, carrying, and writing due to my hand symptoms. I get electrical shock-type pains that shoot down the sides of my body into all of my extremities. These pains go all the way down to my toes, which tingle all the time. I have a loss of strength in my hands, especially on the right, and I can't cross my fingers. I also have limited movement with my hands and I am always dropping things. I get hand cramps after writing for a period. See Dr. Poetz report pages 1-2.
Dr. Poetz diagnosed the following medical conditions due to the May 9, 2003 injury: Recurrent bilateral carpal tunnel syndrome, status post bilateral carpal tunnel release and bilateral cubital tunnel syndrome, status post bilateral cubital tunnel release. See Dr. Poetz report, page 7.
WC-32-R1 (6-81)
Page 9
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
Dr. Poetz opined the claimant suffered the following permanent partial disabilities from the May 9, 2003, occurrence: 25% of the right hand and wrist; 20% of the left hand and wrist; 30% of the right upper elbow; and 25% of the left elbow. See Dr. Poetz report, page 9. Dr. Poetz testified the claimant's ongoing work activities were a substantial factor causing the recurrent bilateral carpal tunnel syndrome and bilateral cubital tunnel syndrome and the resultant disability to the upper extremities. See Dr. Poetz deposition, pages 30, 32.
Dr. Poetz opined the claimant suffered from the following pre-existing partial disabilities prior to this occurrence:
- 25% of the neck (2002);
- 35% of the right wrist (2000);
- 30% of the left wrist (2000);
- 30% of the neck (1998);
- 25% of the thoracic spine (1979);
- 15% of the right shoulder (1979);
- 15% of the right hand; and
- 10% relating to sleep apnea. See Dr. Poetz report, pages 9, 10.
Dr. Poetz opined the claimant is permanently and totally disabled as a result of the 2003 work injury in combination with his preexisting injuries as of May 9, 2003, and the claimant will be permanently and totally unemployable in the open labor market. See Dr. Poetz report, page 10. Dr. Poetz opined the claimant "is medically permanently and totally disabled, indicating that any activity that would be within his occupational skills would require a workload on areas of his body that are already impaired, which would increase the risk of faster progression of those processes as well as increase the risk of injury to him and other workers." See Dr. Poetz deposition, page 40.
In his 2011 addendum report, Dr. Poetz opined with regard to the May 9, 2003, work related injury, the claimant reached maximum medical improvement on December 30, 2003, and the claimant had been permanently and totally disabled since May 9, 2003. See Dr. Poetz 2011 addendum report, page 1.
Dr. Poetz testified the 2003 work injuries combined synergistically with all prior disabilities because "they are all part of the musculoskeletal system. When one area of that system is impaired, it creates a greater workload for other parts of that musculoskeletal system, thereby causing a synergistic effect." See Dr. Poetz deposition, pages 32-33. Dr. Poetz also opined:
> Reduced functioning due to pain or limitations in the cervical spine accompanied by weakness, decreased sensation and functional limitations of the bilateral extremities would combine to cause a greater strain on one another. In addition, due to complications stemming from each upper extremity the combined effect places a greater strain on each upper extremity. Also, injury to the cervical spine in combination with the thoracic spine and right scapula would place a greater intensity on each region of the affected body parts. See Dr. Poetz 2011 addendum report, page 2.
WC-32-R1 (6-81)
Page 10
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
John R. Wagner, M.D.
On January 12, 2004, Dr. Wagner, an orthopedic surgeon, reviewed the claimant's medical records and diagnostic tests and performed a physical examination. See Exhibit VII, pages 1-2. Dr. Wagner also reviewed X-rays and MRI's and diagnosed a prior compression fracture of the thoracic spine resulting in compression on the spinal cord. See Exhibit VII, page 3. Dr. Wagner opined the claimant required no further treatment and he could return to work full duty following his release by Dr. Farias. See Exhibit VII, page 3.
Patrick A. Hogan, M.D.
On April 29, 2005, Dr. Hogan, a neurologist, interviewed and examined the claimant and identified a history of sleep apnea, hypertension, and depression. See Exhibit VIII. The claimant reported the following complaints to Dr. Hogan: neck pain and a burning sensation from the base of the claimant's neck to the sacral region since approximately 2000; unsteadiness and use of a cane for approximately six months; and an electric shock-type sensation on either side of the claimant's body from the claimant's shoulders to his toes. See Exhibit VIII, page 1. Dr. Hogan found no evidence of occupational disorder or that the claimant's ability to work was restricted in any manner. He opined the claimant could return to work full duty without restrictions and that the claimant had attained maximum medical improvement with no permanent partial disability with no evidence of occupational disorder. See Exhibit VIII, pages 4-5.
Russell C. Cantrell, M.D.
On February 1, 2006, Dr. Cantrell, a physician specializing in physical medicine and rehabilitation, took a verbal history, performed a physical examination, and reviewed medical records, diagnostic studies and the reports of Dr. Wagner, Dr. Hogan, and Dr. Poetz. See Exhibit III, page 1. Dr. Cantrell opined the claimant's 2000 bilateral carpal tunnel syndrome may have developed as a result of his occupational activities as a machinist. However, he also opined the claimant's subsequent bilateral carpal tunnel syndrome in 2003 and his cubital tunnel syndrome were not causally related to his work activities. See Exhibit III, page 10. Dr. Cantrell opined the underlying conditions, including the claimant's multilevel degenerative disc disease in his cervical spine may have resulted in symptoms consistent with double crush syndrome and the symptoms in his lower extremities could best be attributed to the thoracic injury at T10 suffered in the motorcycle accident. See Exhibit III, page 10. Dr. Cantrell opined although the claimant has disability based on clinical presentation, the disability is secondary to a combination of cervical and thoracic myelopathy not caused by the work injuries. See Exhibit III, page 10.
James M. England, Jr.
On July 6, 2005, Mr. England, a certified vocational counselor, interviewed the claimant and reviewed the claimant's medical records and the reports of Dr. Wagner, Dr. Poetz, and Dr. Hogan. Mr. England opined, "With the combination of medical problems that he appeared to be having and had been treated for and the difficulties that he was still experiencing and considering the majority of the medical evidence, I think in particular at least two treating physicians as well
WC-15-R1 (6-81)
Page 11
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
as one examining physician's opinion, based on that as well as the man's description of his problems and what I observed when he was in here, I didn't think that he was employable in the open labor market." See England deposition, pages 14-15. Mr. England testified based on Dr. Fitzgerald's and Dr. Anderson's records, the effective date of the claimant's inability to seek and obtain employment was March or April 2004. See England deposition, pages 15-16.
Mr. England testified based his conclusion that the claimant was not employable in the open labor market on his review of the medical records, the claimant's difficulties with his neck, elbows, hands, wrists, and the kinds of restrictions prescribed by the treating doctors and Dr. Poetz. See England deposition, pages 16-17. Mr. England concluded, "somebody with the combination of those medical restrictions as well as taking into consideration how this gentleman presents, the difficulty that he's having in getting sleep consistently" would not be employable in the open labor market. See England deposition, pages 16-17. The claimant reported to Mr. England he was rarely getting more than two to four hours of actual sleep on many nights. Mr. England testified that "[i]f somebody's only getting that amount of sleep, they're going to have difficulty the next day staying awake, alert, focused, that type of thing." See England deposition, pages 17-18.
Gary Weimholt
On June 19, 2018, Mr. Weimholt issued a vocational report after reviewing the claimant's medical records and the depositions of Mr. England, Dr. Poetz, Dr. Wagner, and Dr. Cantrell. Mr. Weimholt did not meet with the claimant. See Weimholt report, page 1.
Mr. Weimholt opined, from a vocational and employment perspective, there were no symptoms or medical problems that were a hindrance or obstacle to the claimant's employment leading up to his 2000 carpal tunnel syndrome occurrence. See Weimholt report, page 25. Mr. Weimholt also opined the injury of October 26, 2000 was not a significant obstacle or hindrance to the claimant in terms of performing his customary job or hundreds of other jobs within his occupational base. Finally, Mr. Weimholt opined the injuries of February 2002 and May 2003 did not result in a loss of the claimant's ability to perform work in the open competitive labor market. See Weimholt report, page 26. Mr. Weimholt opined the claimant would have had a large number of alternative occupations available to him, at age 42, even after leaving his employment with this employer. See Weimholt report, page 26.
Mr. Weimholt opined the claimant would have been employable in the open competitive labor market and had a reasonable expectation of employment within the normal course of business. See Weimholt report page 26. Mr. Weimholt opined, from a vocational rehabilitation standpoint, any additional limitations or symptoms the claimant has had appear to be related to some other condition as stated by Dr. Cantrell, Dr. Wagner and Dr. Hogan and that the claimant's current condition appears to be from the worsening of a previous condition that had not been a hindrance or obstacle to his ability to perform work. See Weimholt report, page 27.
After reviewing the opinions and work restrictions of Dr. Poetz, Mr. Weimholt concluded that Dr. Poetz attributed his work restrictions to the three work injuries at Linmark Machine and pre-existing problems and that the restrictions indicate that the claimant would be able to work on a part-time basis at a sedentary physical demand level. See Weimholt report, page 27.
WC-32-03 (5-81)
Page 12
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Kevin Young
Injury No.: 03-051173
Mr. Weimholt opined the claimant remained employable in the open competitive labor market following the 2000, 2002, and 2003 occurrences. See Weimholt report, page 27.
Mr. Weimholt opined no employer would reasonably be expected to hire a person whose medical needs and conditions interrupted his sleep and required him to lie down and rest during the day, and to take more breaks than are allowed. See Weimholt deposition, pages 68-71.
Mr. Weimholt opined the use of narcotic pain medications and difficulty staying alert would adversely affect an individual's employability. See Weimholt deposition, pages 65-67.
Mr. Weimholt agreed, "work is different than everyday life because of the routine, frequency, and duration of the activity." See Weimholt deposition, pages 50-51.