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| Medical 004CBuy steno drill CDs at StenoDrills.com This is the third part and final part of Medical Q&A 004 CROSS-EXAMINATION BY MR. BANNON Q. Doctor, my name is Mark Bannon. I represent Mr. Mason. I note from your report of, I think, July 8, 1991, that you saw Mr. Mason initially on April 30, 1990; is that correct? A. I have a report exam date of 6/28/91. The date of the communication is July 1, 1991. Is that the report you are referring to? It is July 1. Q. July 1. Okay. A. And I refer to having seen him a year ago in April 1990; that’s correct. Q. Doctor, when you saw him in April of 1990, that date was specifically what date? A. The report date was April 30, 1990. The exam date was April 26, 1990. Q. Doctor, on that date, did Mr. Mason present to your office for an MRI? A. Yes, he did. Q. Doctor, at that time did you take from Mr. Mason a work history and a history of his injury? A. Yes, 1 did. Q. How did he describe his position, Doctor, with his employer James King? A. He described his position as that of a sprinkler fitter. Q. Did he describe it for you in more detail, Doctor: A. I believe he did, but I don’t recall recording that exactly. Q. Doctor, on that date did he also give you a history of how the injury occurred? A. I believe I already indicated that he said he picked up a gang box and slipped, injuring his low back. Q. Doctor, did he describe for you what a gang box is? A. No, he did not. Q. What is a gang box? A. My understanding is a gang box is a toolbox type of thing that contains a lot of work materials, tools, et cetera. We don’t go into that exactly. Q. Did he tell you how he was treated for that injury on 2/13/90? A. He told me that he was seeing a chiropractor. Q. From your notes, Doctor, and your memory, can you tell us what other physicians, if any, were treating Mr. Mason other than a chiropractor? A. I don’t have any records of any other physicians treating him at that time. Q. Doctor, you don’t have the benefit of the records of a Dr. Mark Robbins, do you? A. No, I don ‘t. Q. Mr. Mason, did he tell you who the family physician was and whether he was treating with the family physician? A. No, he did not. O. Doctor, did Mr. Mason tell you about any other injuries that he suffered while in the employ of James King and Son? A. No, he didn’t. He simply indicated that he had had a previous back problem 12 to 25 years ago and had intermittent stiffness and discomfort since that time. Q. Doctor, what did the physical examination consist of on April 26, 1990? A. There was a standard orthopedic examination again at that time similar to the one that I have already described Q. Doctor, you said it was a standard physical examination. What does that consist of? A. I said a standard orthopedic examination, and I believe I already described that in terms of examining the spine, extremities, muscles, ligaments, and nerves. Q. Doctor, you indicated that when you saw him on June 28, 1991, that he could flex to approximately 80 degrees. What is the normal flexion for an individual of Mr. Mason’s age? A. Somewhere between 70 and 90 degrees. Q. Doctor, what does a negative Tinel’s sign indicate? A. It indicates that there is no evidence of nerve irritation in the extremity. Q. Are you aware that one of Mr. Mason’s treating physicians found that there was a nerve impingement and a disc problem in his back? A. I wasn’t aware of that. Q. Doctor, you indicated in your physical capacities form that, even though you felt that he had a normal orthopedic examination, he could only stand or walk for a total of two hours during the day; is that correct: I’m sorry. Zero to two hours at one time. A. That’s correct. Q. In an eight-hour day, he could sit zero to two hours? A. No, that’s incorrect. I said that at one time he could sit zero to two hours; and that in eight-hour day, he could sit six to eight hours; and in an eight-hour day, he could stand six to eight hours. You further indicated that he could lift between 10 and 40 pounds occasionally; is that correct? A. I indicated that he could lift between—up to 30 pounds frequently, and occasionally 40 pounds. Q. You also indicated that he could occasionally bend, squat, kneel; that he could not climb; that he could only occasionally twist, occasionally rotate; and he could not crawl; is that correct? A. Correct. Q. So, Doctor, these would be restrictions in your opinion; is that correct? A. They are restrictions based on his complaints subjectively to me, not on the basis of my examination. Q. Doctor, during the year 1992 up to date, do you treat your own patients or do you see patients merely for insurance carriers, such as Maryland Casualty, the casualty company in this matter? A. I’m a practicing orthopedist. Q. Doctor, do you take into account your patient’s subjective complaints in treating them. A. Yes, I do. Q. Doctor, are subjective complaints always borne out by objective testing? A. No, they are not. Q. Doctor, in treating your patients, you take into account all of those factors, subjective complaints, objective testing, et cetera. A. That’s correct. Q. Doctor, could you tell us on the two occasions that you saw Mr. Mason if he was cooperative and if he was cooperative in the testing on both occasions A. Yes, he was. Q. Did you find that his subjective complaints were merely part of his imagination or made up by him? Let me ask you directly. Did you disbelieve his subjective complaints on those two occasions? A. I only disbelieved them to the extent that I didn’t find anything in the examination to confirm them. Q. But you didn’t find anything to not confirm them either, is that correct, from a subjective standpoint? A. Not from an objective standpoint. I found my examination did not confirm his subjective complaints. Q. But did you find anything or did anything lead you to believe that he was merely a malingerer or that he was making up his complaints? A. No. Q. He indicated to you that he felt there were some things than he could do within limits as to an employment situation; is that correct? A. That’s correct. Q. He was cooperative throughout the entirety of both examinations? A. That’s correct. MR. BANNON: I have no other questions of Dr. Stone this afternoon. MR. MILLER: I don’t have any other questions. I move for the admission of the curriculum vitae as Defendant’s 1; the July 8, 1991, report of the June 28, ‘91, exam as Defendant’s 2; the physical capacities form as Defendant’s 3; and the job approvals referred to by Dr. Stone as collectively Defendant’s 4. MR. BANNON: I have no objection to the exhibits 1 through 3. My objection is already noted for the record as to the job descriptions in No. 4 in that they were not provided to me. I have not had an opportunity to review them in preparation for the Doctor’s deposition. Thank you. MR. MILLER: Thank you, Doctor. MR. BANNON: Thank you. (At this time Defendant’s Exhibits Nos. 1, 2, 3, and 4 were marked for identification.) (Defendant’s Exhibit No. 4 was retained by Mr. Miller for purposes of photocopying.) (At this time the deposition in the above-captioned matter was concluded.) |
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