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Adams v. Metals USA2/15/2005 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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