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Igawa v. Koa House Restaurant2/2/2001
st." He agreed with Dr. Nicholson that surgery was not indicated.
In his April 19, 1996 report, Dr. Bussey opined that
I do not believe that Mr. Igawa has any psychiatric impairment secondary to the industrial injury of 1991. I do believe that he has an underlying pre-existing psychiatric impairment secondary to the organic personality disorder associated with his 1975 injury.
Overall Mr. Igawa suffers from a mild psychiatric impairment due to underlying organic personality disorder related to his 1975 injury. There is no impairment related to his 1991 industrial injury.
. . . 100% of the psychiatric impairment is pre-existing and not related to the industrial injury.
In a supplemental reported dated May 7, 1996, Dr. Bussey repeated his belief that "I do not believe that Mr. Igawa has any psychiatric impairment secondary to the industrial injury of 1991."
In addition to these reports, the record also contains a report from Dr. Mark Dillen Stitham, who performed an independent psychiatric examination of Igawa. Dr. Stitham did not anticipate any permanent disability resulting from the work injury. The record also contains a report from Dr. Anderson, who conducted a neuropsychological evaluation of Igawa on August 10, 1992 and September 3, 1992. Dr. Anderson opined that Igawa might be presenting an "exaggerated picture" of his present situation and that the work injury is not likely to have resulted in a brain injury.
The Board nonetheless erred when it denied Igawa PPD benefits, in light of the directly contradictory medical reports in the record before the Board.
In his independent medical examination (IME) report dated October 31, 1995, Dr. Sakoda noted that Igawa complained to him of "headaches, neck pain, low-back pain and occasional numbness and weakness of the right hand with occasional numbness and tingling of the right foot. He is also having some psychiatric/psychological problems and insomnia following a head injury that occurred at work on 01 October 1991."
Dr. Sakoda went on to note Igawa's difficulty with memory and mathematical calculations, as well as Igawa's episodic disorder of seizures. Dr. Sakoda noted that Igawa had blacked out three to four times since the surgery, with the last episode occurring "last month."
In his November 16, 1995 report, Dr. Sakoda specifically stated that his diagnosis, prognosis and impairment rating for Igawa, dated November 16, 1995, was for "any permanent impairment related to the injury which occurred on 01 October 1991."
Dr. Sakoda opined that, although a cryptic arteriovenous malformation pre-existed the work injury, the results certainly indicate that the AV malformation was somehow aggravated by the trauma [of the work injury] and there most likely there was some bleeding into the cyst at that time. This did cause some problems mentally and symptomatically. Postoperatively, he is much improved and this certainly supports the diagnosis of Dr. Hosobuchi.
Dr. Sakoda also noted that Igawa "appears to have had a hyperextension injury to his neck when struck by the large pot" which "could be a strain or a cervical disk injury."
Dr. Sakoda wrote that "the prognosis for the [arteriovenous] malformation certainly is good[,]" and that the symptoms Igawa has are not related to the malformation. In addition, Dr. Sakoda opined that the prognosis for "the other conditions" would be "fair to good."
Dr. Sakoda further opined that Igawa has an injury to the central nervous system relating to his head injury. He rated Igawa as having "11% impairment of the whole person for his head inju
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