A. I went to high school in the local city. I went to the University of Moore. I graduated from New York College in 1980. I’ve done numerous studies in fields from mostly orthopedic studies to industrial injuries.

Q. What organizations or memberships do you have?

A. I’m a member of the American Chiropractic Association. . I serve presently as its president, and I have since 1991. I was chairman as well.

I’m also a member of the Foundation of Health Management.

Q. Are you a member of the American Medical Association?

A. No, I’m not.

Q. Why is that?

A. Chiropractors are not allowed to be members of the American Medical Association.

Q. In the course of your practice, have you had the opportunity to testify as an expert with regard to workers’ compensation cases or other cases involving medical problems?

A. Yes, I have.

Q. How often?

A This is about the third time.

Q. Doctor, you did not go to medical school; is that correct?

A. No, I did not. I went to chiropractic school.

Q. You do not hold yourself out to be a medical doctor?

A. No, I do not. It’s against the law in Michigan for me to do so.

Q. Do I understand that you are not board certified?

A. No, I’m not.

Q. Would you agree with me that a person who is board certified in neurology reads EMGs.

A. That’s not necessarily true.

Q. The field of radiology is connected with the reading of MRIs?

A. That’s correct.

Q. Thank you.

Q. Doctor, with regard to Mr. Paar, did you treat Mr. Paar?

A. Yes, I did.

Q. When was the first time you saw Mr. Paar?

A. He was first seen in my office in September.

Q. At that time did he give you a history of any kind?

A. Yes. He complained of pain in the lower. Pain was first incurred on Saturday, 9/14/.

It was during the course of his employment. Patient denied prior symptoms. Patient denied having similar symptoms in his past.

. It had been staying the same in intensity.

It was relieved temporarily with aspirin. No previous treatment had been administered for the patient’s condition prior. He denied any other symptoms at that time.

Q. Did you do any examination of him physically to determine whether or not there was any objective evidence of his pain?

A. Yes, I did.

Q. What treatment and what examination did you perform on that date?

A. The examination revealed ranges of motion to be diminished, especially with flexion. There was increased pain. That’s caused by pressure.

Q. Please continue.

A. Straight leg raising was positive on the right. The reflexes were also noted as right plus one, left plus one. Hold on a second. That doesn’t make sense to me. Let me go back. Correction on that is right plus one. So my notes as indicated in your files are incorrect.

Changes were noted to the posterior of the knee region. Point tenderness could be noted, as well as over the right side.

Q. That was the first date that you saw Mr. Paar; is that correct?

A. Correct, yes.

Q. Did you continue to treat him after that date?

A. Yes, I did.

Q. What did you recommend at that time as far as treatment of his condition?

A. At that time we began a conservative course of care, and manual manipulation to the spine.

Q. Did you recommend that he seek any other treatment from any other physicians?

A. Let me make a correction. I did say manual manipulation to the spine, but what I did mean to say was that we did light traction to the spine. With regards to your question about ordering up other tests --

Q. Yes. And whether or not you recommended at that time that he see any other physicians.

A. Well, I did an evaluation and judging by those findings, I felt it was necessary that he have an MRI study.

Q. Was that eventually done?

A. The study was eventually performed, yes.

Q. Who was that done by?

A. MRI study was performed at the Medical Center of Moore on 9/24/91.

Q. You received a report from the Medical Center of Moore?

A. Yes, I did. Another note you may need to know is that that test was ordered prior to that; and the first attempt to have the patient evaluated, the test could not be performed. That’s why it took until 9/24/91 to have the test performed.

Q. What were the results of that test?

Q. Doctor, let me just follow up in terms of an introduction. In addition to the MRI, didn’t you receive a report from another physician who has read the MRI?

A. Yes, I did.

Q. Who would that have been?

A. Mark Steck, M.D, indicating he is board certified.

Q. Would you answer the question with regard to what the results of that MRI were please?

A. The conclusion was L5 at midline to the left.

Q. Now, since September 1991 have you continued to treat Mr. Paar?

A. Yes. Initially, I saw the patient approximately three times, and then gradually reduced the treatment as the patient started to respond to my care.

Q. Why did you refer him to the Work Therapy Institute? Maybe you can explain what the purpose of Work Therapy was.

A. Work Therapy specializes in work related injuries, the rehabilitation of those injuries, in an effort to return the patient to his previous employment.

Q. Do your records indicate when he was the first referred to Work Therapy?

A. I’m looking for it. I’m looking for the exact date. It was the Friday around December 9. Let’s see here. That would be Friday, December 6.

Q. Has he completed the program with Work Therapy at this time; do you know?

A. Yes. He has to the best of my knowledge.

Q. Now, in addition to yourself and the reference with regard to the MRI, were there any other physicians that treated Mr. Paar to your knowledge?

A. The patient was referred to Dr. Samms by myself.

Q. When was that?

A. September..

Q. So that was in the beginning of your treatment with Mr. Paar as well?

A. Yes, correct.

Q. Other than Dr. Samms, were there any other physicians that he was referred to for further treatment?

A. Yes. Dr. David Thorn.

Q. To your knowledge, did Dr. Thorn perform any studies?

A. I do not know if it was Dr. Samms who had ordered the tests, but a nerve conduction study was done.

Q. Did you get that report?

A. Yes, I do have that also.

Q. What is the result of that report?

A. The impression is pain; and two, the second diagnosis is poor relaxation.

Q. When were those done?

A. October.

Q. That was a report from Dr. Miles as you say.

A. Correct.

Q. Did you ever get any report regarding Mr. Paar?

A. I’m sorry. Could you repeat the question?

Q. I’m asking whether or not you received any report regarding Mr. Paar.

A. Yes, I did.

Q. When was that?

A. One letter dated from Dr. Thorn from November 5, 1991.

Q. What was his report at that time?

A. Would you like me to read the whole thing?

Q. I don’t think we can read the whole thing. Maybe we can mark it as Plaintiff’s Exhibit A.

A. His diagnosis is L5.

Q. Do you know if Mr. Paar was on any medication for his condition?

A. Yes. He was given medications by the physicians he went to. The one I remember most was a painkiller by Dr. Samms.

Dr. Thorn, upon his evaluation, indicates that he was concerned with the drug and recommended stopping. He also continued to take other medications.

Q. Doctor, you said initially in September of ’91, you were seeing Mr. Paar on a regular basis, I believe, three times a week.

A. Correct.

Q. Did that eventually stop?

A. Eventually as the patient’s symptoms started to improve. We turned the patient over at the Work Therapy facility.

Q. When was the last time you saw Mr. Paar?

A. March.

Q. Is he still under your care and treatment?

A. No. Technically, we discharged the patient rather than rescheduling the patient for treatment that may be unnecessary at this time. We are waiting to see how the patient returns to work and.

Q. Is he discharged so that he can return to the same employment that he was doing prior to the injury?

A. No, he is not.

Q. Could you tell us what limitations you put on his condition as far as returning to work?

A. We have returned him to what we choose to call work which would limit the patient from any heavy lifting in an attempt not to aggravate the condition. Should the patient respond to his return to work with relatively little problem, we will return him to full regular duty.

Q. But that one month period would be based on his returning to some sort of work activity to determine whether or not there would be a problem in the back in order to perform his work as he had done before the injury?

A. That would be based on his return to work at the job description that we spoke of before.

Q. Doctor, do you have an opinion with medical certainty based on your evaluation of Mr. Paar and also based on all the reports that you had -- do you have an opinion with regard to his condition?

A. As he is presently?

A. Yes.

A. I do not know whether the patient will be able to tolerate the job that we have returned him to at this state of the game. We are hopeful that he will be able to, but there is no way of knowing until the patient actually returns and tries it out.

Q. Doctor, what about an opinion with certainty as to the relationship between his injury and his work activity as he related to you in September of 1991?

A. If the question is do I feel there is a relationship between his injury and what he reported to me at work, yes, I feel there is a relationship between the two

Q. Now, Doctor, do you have bills with regard to your services rendered for Mr. Paar during the period of time from September through to the present?

A. Yes, I do.

Q. Can you tell us what the total amount that is still due you at this present time?

A. To date I’ve been paid nothing; so his current balance is $4000 including the charge for this deposition, I believe. I’m sorry. The charge for the deposition is not included in this.

Q. What would the charge for the deposition be?

A. $500.

Q. Doctor, I just have a few questions for you. I’m looking now at a document appears to be an information sheet that you have the patients fill out when they first come.

A. That’s correct.

Q. I noticed on this that it says referred by a Dr. Glass. Would you be able to describe how that referral came about?

A. Quite honestly, no. I can tell you that I really don’t know.

Q. I notice also about three lines down from that it says previous care. It’s marked yes on the form and says one year ago. Did you treat Mr. Paar?

A. No, I did not.

Q. So you have no knowledge of this previous care that is referred to on your sheet here?

A. No, I do not. I did ask the patient if he had similar symptoms to his present complaint of which he indicated no to.

Q. Now, I notice that under that it says how the condition occurred. It says while driving.

A. That’s the patient that filled that out, yes. And that’s reflected in my office notes of September.

Q. I also noticed another document that was sent to us which is a form. Would that have been filled out at the same time?

A. I’m glad you’ve got that because I don’t. You’ve got the only copy. Something has happened to my copy. If I can see it, I can refer to it. This is our form, yes.

Q. Would that have been filled out at the same time as the case history was filled out by the patient?

A. Again, it usually is, yes.

Q. I noticed it wasn’t dated at the top.

A. I noticed it also; that’s why I said it usually is. We ask the patient to fill out a case history. And if there is more information required as a result of it being a work related injury, say, or automobile injury, we have additional information that is required; so we give them a second form to fill out.

Q. I understand. Now, on your notes on September 23, I notice that you have listed here that Mr. Paar’s family physician, a Dr. Dean is shown in your notes. You have indicated that it was reported to you that Dr. Dean did not find the same symptoms that you did. Was that the report that was given to you?

A. That’s correct. I followed up with my findings on the second time and confirmed again that my findings were correct.

Q. Was it Mr. Paar that reported these to you?

A. I phoned Dr. Dean following Mr. Paar’s visit that day.

Q. It was after that that you arranged for Mr. Paar to visit?

A. Yes.

Q. I noticed on your notes for October 2, 1991, you have a comment there that Mr. Paar had a problem because he was chasing one of his children around the house. Would you be able to tell us about that?

A. To the best of my recollection, he attempted to grab his child as the child ran by him. And when he did, he felt the lower back condition that he had.

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