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Adams v. Metals USA

2/15/2005

deposition transcript on direct examination reads in pertinent part:


Q: Now, Dr. Kritzer, did you have an occasion to treat [plaintiff]?


A: Yes, I did.


Q: And did you see [plaintiff] for the first time on March the 13th, 2001?


A: I did.


Q: And did you take a history from [plaintiff] at that time?


A: I did.


Q: And what history did you take from him, sir?


A: He reported falling off a ladder at work approximately six months prior to that, to the date given, was around October 1st of 2000. Fell off a ladder at work and hurting his back at that time.


Q: And what were his subjective complaints during that visit?


A: Pain in his left buttock, hip, and leg, with numbness and tingling.


Q: Okay. And did he bring an MRI with him you or an MRI report with him?


A: Yes, he did.


Q: Okay. Did you have an opportunity to review that MRI report?


A: Yes.


Q: And what were your --


A: I didn't review the report, I reviewed the films.


Q: Okay. And what were your --


A: And it showed a large disk herniation at L5-S1 on his left side.


Q: Okay. And would that L5-S1 disk herniation be consistent wit the leg numbness and complaints that [plaintiff] presented to you on March 13th, 2001?


A: Yes -- yes, it would be.


Q: And just as a general background, what type of symptoms manifest themselves from an L5-S1 disk herniation?


A: Pain in the buttock, hip, and leg, with numbness and tingling, just like [plaintiff] had.


Q: Now, in your treatment of [plaintiff] would it be important to your treatment that before falling off the ladder on October 1st, 200 he didn't have any back or leg pain?


A: Yes, it would be important that he did not have a previous history.


Q: And would it be significant to your treatment that after October 1st, 2000 that [plaintiff] did start complaining of leg and hip numbness and tingling and pain and discomfort?


A: Yes.


Q: Now, Dr. Kritzer, if the Industrial Commission were to find that [plaintiff] fell off a ladder on October 1st, 2000 and landed on his back, do you have an opinion whether that incident caused his disk herniation at L5-S1?


[Dr. Kritzer]: The - - all you can say is that his symptoms started then, and that's really the main issue, temporally speaking. And he don't have to fall a ladder to rupture a disk. People can do it in their sleep, can do it emptying a dishwasher. It does not have to be some sort of big event. But if he was asymptomatic before he fell off and then developed symptoms after he fell off, then I would certainly believe that the falling off the ladder was the cause of his difficulty.


(emphasis added).


Dr. Kritzer's deposition transcript on cross-examination reads in pertinent part:


Q: . . .Would you expect pain to occur at the time of a disk herniation?


A: No, do not have to.


Q: Okay. What about some of symptoms, radicular pain, radicular symptoms - -


A: Not necessarily. When someone comes in and they have a ruptured disk and they say they've had a problem for three weeks, that doesn't mean that three weeks earlier from that date is when that disk came popping out. You can have a disk rupture - - I always kind of make the analogy of walking around with a knife in your pocket, okay. I can have a knife in my pocket and not have any problems from it, but if somehow I twisted or banged into a wall or fell down a

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