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Igawa v. Koa House Restaurant2/2/2001
njury. Dr. Hosobuchi also stated, however, that a cavernous angioma or cryptic arteriovenous malformation (AVM) could spontaneously hemorrhage.
10. A November 3, 1993 brain MRI showed two right frontal lobe lesions. An EEG of the same date was found to be mildly abnormal, consistent with a right hemisphere frontal temporal deficit.
11. Claimant had surgery at Straub on December 2, 1994. The Straub records describe the procedure performed as a right frontal craniotomy and excision of a cryptic AVM and significant frontal gliosis.
12. Claimant was evaluated by Dr. Maurice Nicholson in November 1993 and February 1996, and by Dr. Juris Bergmanis in April 1994. Both doctors are neurosurgeons. Dr. Nicholson's reports are dated December 4, 1993 and February 25, 1996. Dr. Bergmanis' report is dated April 22, 1994.
Both Drs. Nicholson and Bergmanis diagnosed Claimant's work injury as a mild head injury.
They agreed that the right frontal lobe cystic lesion was not related to Claimant's work injury, but was related to the 1975 head injury. They noted that the cystic lesion was present before the 1991 work injury and had been documented on diagnostic studies as early as 1976.
In addressing Dr. Hosobuchi's opinion that the frontal lobe cyst was hemorrhagic in type and therefore, could have been caused by bleeding of a cavernous angioma, Dr. Bergmanis stated that it was far more probable that any bleeding was caused by a major, rather than a minor, head injury.
13. Dr. Nicholson opined that Claimant did not sustain any ratable impairment due to his October 3, 1991 work injury.
14. Dr. George Bussey, a psychiatrist, provided a records review report dated April 19, 1996. After he examined Claimant, Dr. Bussey submitted another report dated May 7, 1996.
Dr. Bussey's psychiatric diagnosis included organic personality syndrome secondary to 1975 brain injury and probable adjustment disorder secondary to multiple psychosocial stressors.
Dr. Bussey opined that Claimant's 1991 work injury did not result in any psychiatric impairment. While Dr. Bussey found that Claimant had a mild psychiatric impairment, such impairment was due to the underlying organic personality disorder related to his 1975 head injury.
15. We find that Claimant sustained only a minor head trauma due to his October 3, 1991 work injury. Claimant did not sustain a hemorrhagic cyst as a result of his work injury. Based on Dr. Bergmanis' opinion, we find that any hemorrhagic cyst Claimant may have sustained was more probably related to his major head injury in 1975.
While Claimant has attributed a multitude of symptoms to his 1991 work injury, we find that these symptoms cannot be accounted for on the basis of his minor head injury. In 1996, Claimant reported to Dr. Nicholson having neck pain with pain radiating down the entire right body with numbness on the entire right side of his body. Dr. Nicholson stated that these symptoms as well as Claimant's headaches had a psychological or nonorganic basis.
16. Based on Drs. Nicholson's and Bergmanis' opinions, we find that Claimant did not sustain any permanent physical impairment as a result of his work injury.
We do not accept Dr. Thomas Sakoda's permanent physical impairment report dated November 16, 1995, because his diagnosis of Claimant's work injury as a central nervous system injury and cervical spine problem is inconsistent with the minor nature of the work injury.
17. Based on Dr. Bussey's opinion, we find that Claimant did not sustain any permanent psychiatric impairment as a result of his work injury.
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