Medical 002

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PAUL J. TROTTER, M.D.
WAS CALLED, AND HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:

MS. GRAYSON: I think we will have the usual comp stipulations, if that is fine?

MR. FRANKS:  Yes.  This is being taken pursuant to notice in lieu of the Doctor's testimony before the Referee.

MS. GRAYSON: All objections will be made on the record.

MR. FRANKS: Right.  I will also stipulate to the Doctor's qualifications as a board-certified orthopedic surgeon.

MS. GRAYSON: Thank you.  The Defendant would like to enter the Doctor's CV into evidence.  He is board certified in orthopedic surgery, and I offer him as an expert.

MR. FRANKS: No objection.

 (At this time Defendant's Exhibit No. 1 was marked for identification.)

DIRECT EXAMINATION

BY MS. GRAYSON:

Q. Doctor, at the request of General Consultants, did you perform an independent medical examination on Michael Compton?

A. Yes, I did.

Q. When did that take place?

A. I believe that the date of the exam was July 2, 1991.

Q. Prior to that examination, did you have an opportunity to review any medical records?

A. Yes, I did.

Q. What records did you review?

A. I reviewed records from a cover letter sent by Mary Taylor, as well as medical records from Dr. Jenkins, an occupational injury report form, and notes from Dr. Chandler.

Q. Doctor, what did those records reveal?

A. I believe that they revealed that Mr. Compton had an injury at work working for Benson lifting a motor, and had discomfort in his back, and that he subsequently saw Dr. Jenkins who treated him conservatively, as well as Dr. Chandler who gave him Naprosyn as an anti‑inflammatory.

Further history in terms of his direct complaints at the time that I saw him showed that he had indicated that he complained of pain radiating from his back to his groin as well as his anterior abdominal region. He also apparently had an MRI scan which I reviewed as well, as part of the records available.

Q. What did that MRI scan reveal?

 A. The MRI scan was dated December 30, 1990, and showed a disc herniation at L2‑3 with degenerative disc disease at L5‑S1. There were also some plain films dated November 23, 1990, which showed some degenerative joint disease and degenerative disc disease as well.

Q. Doctor, what did your examination reveal on July 2, 1991?

A. I felt that his exam at that time was basically normal in all respects other than for a slight varus orientation of his knee which means a bowed knee and some very mild muscular discomfort in the lower spine area.  He had negative straight leg raising in both lower extremities. He had no sensory changes in either the calf or the thigh. He had normal deep tendon reflexes at the knee and ankle area. There was no atrophy of the quadriceps or the gastrocnemius muscles.

His range of motion of his hips was entirely normal. He walked with a normal gait. He was able to forward flex his lumbar spine to about 70 or 80 degrees.

 Q. Doctor, after the history which he provided to you, the medical records, and diagnostic studies which you reviewed, as well as your own physical examination of Mr. Compton, were you able, on July 2, 1991, to form an opinion based upon a reasonable degree of medical certainty as to a diagnosis of his condition?

A. Yes, I was.

Q. What is that?

A. I felt that he probably ‑‑ that he had symptomatic disc disease at the L2‑3 level.

Q. Doctor, furthermore, in conjunction with your examination as well as the records that you reviewed and the history provided to you, were you able to form an opinion based upon a reasonable degree of medical certainty as to whether or not Mr. Compton would be capable of performing a sedentary type of position?

A. Yes. I felt that overall, despite his diagnosis, he was quite functional in his activities of daily living, as well as on the basis of the exam. I felt that he could be working at some type of sedentary job.

Q. Doctor, do you have an opinion as to whether or not he would be able to perform a job which would be a part‑time position approximately four hours a day and would not require frequent bending, lifting greater than ten pounds, and he would be able to sit or stand as needed?

A.  Yes.

Q. What is that opinion?

A. I feel that he would be able to do that type of job.

Q. Doctor, in conjunction with your examination of Mr. Compton, did you prepare a physical capabilities assessment form?

A. Yes, I did.

Q. What does this form reveal?

A. It indicates what I felt Mr. Compton was capable of doing as of the time of my examination based on the exam, the history, and the objective reports.

It indicates that I felt that he could stand or walk for four to six hours over the course of an eight‑hour day; that he could sit for a similar period of time; that he could drive for one to four hours; that he could occasionally bend and squat.

I didn't think he would do very well with crawling or climbing. I felt he had no restrictions in terms of reaching. I also indicated that I thought that he could frequently lift up to 10 pounds, and occasionally lift between 10 to 20 pounds, and that it wouldn't be a good idea for him to lift more than 20 pounds.

 I felt that he could carry up to 20 pounds frequently to occasionally, and that he had no restrictions as far as use of his hands, use of either of his lower extremities to work a foot control or to operate a clutch. I believe I also indicated that I felt that he at the very least could do the job category of sedentary work.

 Q. Thank you, Doctor.  Doctor, does this look like the physical capacities assessment form that you filled out, and is that your signature at the bottom of that form?

 A. Yes, it is.

 Q. That is dated July 2, 1991?

 A. That is correct.

 MS. GRAYSON: The Defendant would like to mark this as an exhibit and enter it into evidence. Thank you, Doctor. At this time I have no further questions.

(At this time Defendant's Exhibit No. 2 was marked for identification.)