lo-aq@,3 In The Matter Of-. Injured 0. Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPAIVY JAMES EDWARD FOSTER, MD. March 3, 1999 r Huseby &Associates, An Inteilm Legal Services Company The Oak House 1316 Harding Place Charlotte, NC 28204 (704) 333-9889 FAX.- (704) 3 72-4593 Original Filefostercat, 25 Pages Min-U-Scrlpt(D File ID., 004713 7149 Word Index included with this Min-U-Scripto Injured 0. IRGHT v. JAMES EDWARD FOSTER, M.D. NORFOLK SOUTHERN RAILWAY COMP@ March 3, 19" Page 1 Page 3 [11 STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE CONTENTS i2l COUNTY OF MECKLENBURG SUPERIOR COURT DIViSiON M THE WFTNESS: JAMES EDWARD FOSTER, M.D. EXAMINATION [31 97 CVS 12949 t3l BY MR. HAJEK: 4 141 ..x (41 BY MR. BOYER: 1 6 15j Injured 0. HRHT. 151 INDEX OF EXHIBFTS 161 PlairdiH, [61 For the PktWdIH Page F] V. m 1 Form Dated 10107198 14 [el NORFOLK SOUTHERN RAILWAY COMPANY,: 181 2 lllustmtion is 19) Detandarn. t,o) x ['11 fill 112) Telephone dMmKion of JAMES EDWARD FOSTER, M.D. 112] 1131 (Takm by Plalntiff) [13] f,41 ChariMe, North CwoHm 1141 [151 Mwch 3, lNg [151 ii6l [161 [171 Reported tYy: Andrm L. Nobraga [i7] lie) Coun Reporter (18] 1191 Notary Pubk (191 [20) [201 [211 (211 (221 rlm f231 1231 [241 [241 [251 r251 Page 2 Page 4 13 APPEARANCES OF COUNSEL PROCEEDINGS [21 Tolophon@ity for the PlalntIH: \VbereuponjAMES EDWARD FOSTER,M.D.,having bcen dtdy (3j FRANCIS P HA.JEK, Esq. p] swom, was examined and tcstified as fohows: 141 Wilson, Halek & Shapiro. P.C. 141 EXAMINATION BY COUNSEL FOR PLAINTIFF [5) 1294 Diamond SprWo Road 151 BY MR. HAJEK: [61 Virginia, B"eh, Virg)rWa 23455 [6] Q: Dr. Foster, could you please statc your [71 (757) 460-7776 m flill name and your business address? 181 [a] A: James Edward Foster, 1918 Randolph Road, 191 For the Dolondent [9] Charlottc, North Carohm, 28207. [10] KENNETH H. BOYER, Esq. 1101 0: Could you bricf[y describe for the jury [, 11 Joms, Homon & Wwlard [iij your cducational background with an emphasis on your [121 301 S. McDo"ll Street. Sufte 320 [i2] medical tr-aining? 1,3) Charlotte, North Carolim 28204 [131 A: I went to the Universiry of Virginia for 1141 (704) 372-6541 (141 collcge. I then went to the University of Virginia ,16] (i5] Medical School and gmduated in 1971. I did an [161 Talophom dopmftlon of JAMES EDWARD FCSTER. M.D., jig] internship in gcnemi surg@ at Barncs Hospital, 1,7] taken by tha PWMNF, at 1918 Randolph Road, ii7i Washington University in St. L4ouis and did orthopedic [18] Chadotte. North r-arolim, on the 3rd day of Much, I 999 [lal residency tr-aining at Bames Hospital, Washington f, 91 at 1 40 p.m., betore Aridrea L. Nobrega, Court ReNder tlgj University, St. Louis, Missouri. @201 and Notary PubNc. 1201 1 then started practice in Lynchburg, [21) [22] [2ii Virginia on July 18,1977 and pr-acticed with Ccntral [231 1221 Virginia Orthopcdics there for the next 19 years through [241 [23] Itine of 1996. and then in September of '96 1 started my 1251 1241 present practice at the Nalle Clinic in Charlotte, North [25] Carolina at the address I just gave you a few moments COVERING NC, SC, GA & TN 800-333-2082 Min-U-Scripto (3) Page I - Pagip 4 JAMES EDWARD FOSTER, M.D. SO. IRGHT v,.. March 3, 1999 NORFOLK SOUTHERN RAIELWAY COMP@ Page 5 PagG 7 [ii ;igc). aii(I li,,id been licre practicing just doing office Ill Q: What history did you get from Mr. Right (21 ortliopcdics since. 121 when you saw him in Septembcr of 1998? 131 Q: An(l, of cotirse, you are licensed to (3i A: He stated that he injured his back on i,i prictice medicine in the State of North Carolina? (4i 3/17/96 when he slipped in some oil and fell.At the 15) A: Yes. North CaroLina and Virginia. (s] tinie he was working as a con(luctor and I believe he feB [6) Q: Yoti mentioned that you do an orthopcdics 161 in the engine compartnicnt of the train. F/] office practice. What does that involve? m 0: Did lie describe any pain or discon@rt to la] A: Basically I (lo no surgcry, no emergency [a) you? [gi call @ind no taking call at night.The reason for that [g] A: He said he had signift'cant pain and [loi is I had an accident. In 1994 1 had four vertebrac [io] discomfort and had been seen and evaluatcd for that (iii fused in niy neck an([ three discs removed, and that left [iij injury. Hc had been sccn by Dr. Hartman, trcatcd NOth [121 nic witli sonic ntimbness in my left hand and about 18 [i2i physical therapy, medication. He didn't fcci Uke he [131 montlis ago I ha(] another disc removed and another 1131 made any improvement and he didn't feel Uc the [14] verteb@ ftised becatise I was getting prcSSLLrC on my [14] medication helped, so he tried not to take it if hc [,5] spin;tl cord and was losing some usage of my left lcg. [15] coLLId avoid it. [161 lo becatise of these disabilities I'm unable 1161 0: Did he describe the symptonis he was having [i 7i to 1)crform stirgery, and if you can't perform surgery you 1171 to you when you saw him? ii8] can't be on call for emcrgency room because you niany [la] A: He was complaining - let mc movc flirther [19] tinic.@ will have enicrgency surgerics. So I'm @tcd to [191 down the note here. Hc says he continucs to have [20] t)fficc orthopedics, which is basicauy the treatmcnt of [2o] significant pain in his back sincc his fall. He did not [2ii disorders of the mtisctiloskeletal system, being bones, [21i comp@ of any pain in his legs.Thc pain was centered (22] mtiscies, ten(tons, ligaments and so on in a non-operative [221 mostly in his lumbar spinc. It did not go up or do@ 123] for[ii. r231 either leg. He denied any numbness, tingling, no loss (241 Lf I see sonicone that I feel needs surgery [24) of bladder or bowel function. Hc said the pain is r251 I will refer hini to one of the partners. [2s] aggravated by increased activity, particularly bcnding, Page 6 Page 8 ii] Q: Do yoti belong to some medical societies? [ii l@g, pushing and pulling. (21 A: I belong to the AMA, the North Carolina [2) He says he is ablc to do activities around (3] Meklical Society and the Mccklenbur-g County Medical p] the housc. He says hc can mow the lawn sometimes and [4) SOCiCty. [4] not have much triduble, and then again rnow it and have a [51 0: Doctor, do you understand the term isl lot of trouble. Coughing and sneezing will at times (6] reasonah[c dcgree of medical ccrtainty? [s] increase his pain, and he says at othcr times it niight m A: Yes. m not. Sitting or standing in one spot for a long period 181 Q: Can yott answer my questions in terms of a [a] of time was somcthing he complaincd about aggravating [91 re:tsonal)lc dcgree of me(lical certainty? [9] his pain. 0] A: Ycs. [10] Q: Did you also perform an exaniination of Mr. [lil 0: Now, wlicii did you see Mr. Plaintiff for an [ill ffight? [121 in(lcpcndent niedical evaluation? 1121 A: Yes. 113] A: I saw him on 9/25/98. (13] 0: Was there anything remaricable about the [14] Q: And wis this a one time visit? [141 exam? 1151 A: Yes. 1151 A: I'm just going over the notes here again [161 0: Now, was this exam at my request or that of [lei quickly.The fin(iings in his exam was decreased range 1171 liis rtilroa(i ciiiployer? [17] of motion in his back. Hc would bend forward about 30 [18] A: His railroad eniployer. [iol dcgrees withotit much pain, and then when he got from 30 g) 0: And wlien voti do an independent evaluation (19] to 45 degrees he WOLild tend to pull slightly to his [201 like this, do you foflow any standard procedures? [2o] right-hand side. [211 A: Nothing other th;Ln just doing a standard r2 11 When he would extend his back or stand up [221 ortlic)pedic exan@tion of the back. I ask a history rm straight he woiild come back to ncutral,which meansmore @23] fridni the patient.Then I do a physical cxaffiination of (23] or less jtist straight up and down. In order to lcan [241 the patieiit and obtain any X-r-ays or any othcr (241 back, which he WOLild actual)y flex his hips and knees to [251 diagiiostic stlidies that I wish to obtain. (251 sort of lean backwards. He didn't really actually Page 5 - Page 8 (4) Min-U-Scripft COVERING NC, SC, GA & TN 800-333-2082 C SO. MGHT v. JAMES EDWARD FOSTER, M.1p. NORFOLK SOUTHERN RAELWAY COMPANY March 3, 1999 Page 9 Page 11 iii extend [us lower back very much because of discot&ort. [,I he described his symptoms to me, he never rnagnified his [2] LAteral tdting to ieft and right w@ about 20 degrees [21 SYMPTOMS. [31 each wav.When he nioved to the right side hc complained 131 Hc expresscd the comp@ts that I would [41 of his back p2in. [A] expect to see in someone who suffcrs from chronic low 151 0: liow about with reg"(J to his muwulature, Is] back pain, and he had no neurological dcficit. I don't 161 did you note an@g with rcgud to Out? [gj think he has a herniated disc or is going to need l@ A: Tlicre was no atrophy of the muscics of his m surg@ on his back or anything like that. [81 lower exlremities. lEs strcngth was g@d in Ws lower la] I think bascd on the history hc gave me and 191 extreniiiies md in his back thcre was some tightness of [gj the findings on that date, he was suffcring from a ol what's cailed Lhe iliolumbu fawia, which is Ukc a [loj chronic lumbar/sacral spr-ain. ii gristle type material that covers die muscle in the [11] Q: Bascd on the history you received, your [121 lower back. I saw that when I had him standing, was [121 exaniination and your findings, do you have an opinion as f, 31 pul[ing his hips into extension. Hc did not actually [131 to whcthcr or not this chmiiic low back pain is related 114) pa]pate anv spasm in the muscle in his back on @t day. [14] to Mr. Plaintiff's railroad injury of March 17,1996 to a I, 61 0: f)(,ctor, on page rwo of yo@ report in the (15] reasonable degrec of mcdical ccrtainty? 1161 @cond ftifl puagmph, the fwst wntence there, you (16] A: Based only on his history that that's wben 1,7) refer to palpation of the lumbu spinc. What did that [i7l he ftrst startcd having back trouble, then I think his 1181 renect@ [is) prescntproblenisandsyniptomsarecomingftomthe injury I, 91 A: I ni sorry, I read over that. He did show [igi of 3/17/96. t2o) he had sonie sp@m in the pmvertcbral musculature on [2ol 0: Doctor. you mentioned that you didn't [211 the left, no spasm on the right. pi] notice any rnagiiification efforts on Mr. leght's part. [221 0: What is sp2sm, d@tor? r4 Did you do any tcsts to confirm Ehat, in fact. the [231 A: Spasni is an invol=U7 contnction of a [23i symptonis that you did find werc real and things that Mr. 12.) niliscle. [241 Plaintiff did have? [251 0: Could you actuahy feel th2t? (2sl A: Yeah. BasicaUy onc of the techniques YOLI Page IO Page 12 Ill A: Ycs.Therc was a definitc av=etry or I [11 usc is when you are testing the rotation of the lower [21 would not h2VC written it in my notes. m back, if you have the paticnt twist thcir back and you [31 0: Is spasm something that a person can t3i are holding thcir pelvis fixed and they rotatc from side 14] reproduce at will? (4j to side - they are actually nioving their back. If you [51 A: Not really because it's hard to isolate [5i let them rotate th@ pelvis at Lhe sanie tirne, thcn they 16] that part of your lower back and contract the muscle on (61 are really not moving thcir lower back, and if they f7l oiie si(le so that it's tiglit enotigh to feel like a spasm. m compiain of pain whcn thcy are doing that particular is] So it's virttial[y impossible to reproduce that (sl niancuver, it's suspicious becausc dicy really aren't 191 VOItLntarily. igi doing much to their lower back. 1101 0: In the paragraph above that notation in [iD] \Vhen I pcrformed that on him he didn't - [,lj yotir report you also noted sometbing concerning [iii liis response was appropriate. Straight leg raising 112) lordosis.What is lordosis? [121 test, I always do both in a rcciined position and in a [1 3j A: Lorclosis is the normal curv2ture of the (13] sitting position, and if there is a disparity. then 1 @14] lunibar spine where your lowerback curvesin beforeyotir (141 will mention it in my notes. :, s) hu"ocks @ends otit, and he had strengthening of his 1151 In other words, you distract the patient. ii6i nornial lordosis. Ustially strengthening of the normal ti6i You talk to them about their knees and yoti pull their ii7i lordosis indicates there is spasm in the musculaure of [171 legs straight out, which would be the same thing as i i8i Lhe lower spine. (iai doirig a straight leg raisc tcst with thcm @ng down, fig) Q: Doctor, what did all these fmdings mean to (ig] and ffiany tinies if someone is not telling the tnieh they [201 you, these straightening of the lordosis, the spasm and p] will not complain whcn you are doingthat examwhen they (211 this decreased range of motion? r2i) are sirting. [221 A: BasicaLly based on the patient's history, [221 So by doing these diffcrent maneuvers - 1 [23] tlit physical exaniination, the findings of the spasm, the [231 rotitinely in exaniining people for lower back (to these [24i diffictilty lie had when hc was changing his position and [24i type of tests to see if there is any signs of [251 the way lie moved around the roomand basicallythe way .[2si nialingering or syniptom niagnirication. COVERING NC, SC, GA & TN 800-333-2082 Min-U-Scriptg (5) Page 9 - Page 12 JAMES EDWARD FOSTER, M.D. Injured 0. IHGHT v:- March 3, 1999 NORFOLK SOUTHERN RAMWAY COMPANY Page 13 Page 15 [11 0: Did Mr. Plaintiff havc any of these signs of Ill 0: Are all the restrictions that you set forth [21 rrlaiiiigering or syniptom magnification? 12j on this forni pcrnianent restrictions? [3) A: No. he did not. As a matter of fact, in my p) A: Yes.These were based on my exaniination of [41 dictation I evcn mcntioned that I think - I can't [41 him on that one day. [sj reniumbcr exactly wtiere it is in the notes, that I did 151 Q: Are there any other restrictions on this [si not feel that lie vms ffiagnifying his symptoffis. [6] forin that you fecl should bc changed? I thirik you m Q: Base(] on your examination of Mr. ffight, do m mentioned one to nic carlicr about fumcs. fai yoti have any opinion as to whether or not he could 18) A: Yes. At the bottom exposure to fimies and (gi petform his job on the r2ilroad as a conductor or [9] noise, I inadvertently rriarked those.There is no [io] cngineer? (io] restriction there. [,l] A: Hc described his job to nie which involved [11] 0: Any other changcs to the form? i,21 clinihing Lip On the train, standing for long periods of 1121 A: No. [i3] tinie, which I felt with the description of his symptoms (13] MR. HAJEK: We'll offer that be adniitted [14] thcre ntight - there would be days when he probably [14] as Exhibit No. I to Dr. Foster's deposition. [15] cotild do his job. but there would be days where he [15] Then, Dr. Foster, I would like to draw your [i6] cotildn't do his job because of pain and discomfort. He [lEq attention to what we niarked as Exhibit No. 2. Can yoti [@ hiniself freely ad mitted there were days he coldd mow his ti7i identify what that exhibit is? [la] lawn and other d2ys when he couldn't without pain and [la] THE WITNESS: It's an illustration shoNOng [191 (lisconifoll. [ig] a person standing from bchind with a brain and spinal [201 Based on liis history of over two years of p) cord and sciatic nerve on it, and then a close-up of the [211 this pain and discomfort with no improvement, I felt [21] buttocks and posterior thigh with the deep anatomy [22] that with two years of chronic pain that the likelihood shoving some muscles and the sciatic nervc. 1231 of iiiiprovenient was very slim. [231 BY MR. HAJEK: 124] Q: Doctor, clo you believe that Mr. Plaintiff has [24] 0: Is that an adeqtiate depiction of the (2sl reached maxinium medical improvement? [2sl anatomy and nerve? Page 14 Page 16 Ill A: Yes. Ill A: Yes. M Q: As a result of yoLLr exaniination, did you [2j MR. HAJEK: We'll offer that be adniitted as (3i assign Mr. Plaintiff some restrictions as far as his p) Exhibit No. 2. (41 fimctions and activities? [41 What do you see as Mr. Plaintiff's future, (s) A: Yes, I did. [s] doctor, NOth respcct to this chronic lumbo-sacral (6i Q: I am going to ask the court rcporter to (6) sprain? n lianl] yoti what we marked as Exhibit No. 1, which is a M THE WITNESS: Basically, with the history [el foriii dated October 7,1998 and titled physical resi(lual [a] that he gave nic of rwo years from the date of injury [9] fitti(-tional capacity assessnient. Do you have that there? [9] until I saw him or two years and sLx months, that he had lial A: Yes. [iol not shown improvement,that thesymptoffis had reffmined Ill] 0: Is this soinething that yoti completed? [ii] the same during that period of time, it would be my [121 A: Yes. 112] feeling that he would continue to havc these type of [13] 0: Is that yotir signature at the bottom? [i3] intern-dttent symptoffis in the future. [14] A: Yes. (141 BY MR. HAJEK: @15] Q: What cist (locs this form represent? 1151 0: Is increased activity going to play any [16] A: It's a residtial functional capacity 116] effect on how much he fccls these symptoms? [1 7i iissessnient, and it just has various activities that I [i73 A: In gencral, increased activity woldd [is] feel clie patient cotild do or could not do based on his [ie] aggravatc them. [191 Iiistory and exaniination. [191 MR. HAJEK: Thank you, doctor, that's all 1 [201 0: Lct's take one of the rcstrictions. For [2o] have. Please answcr any questions that the railroad's [211 iiistance. lifting, what is yottr restri@on on Mr. Fbght [2ij counsel nlight have for you. [221 as far as lifting gocs? [22) EXAMINATION BY COUNSEL FOR DEFENDANT [23] A: Ten POLinds. [23] BY MR. BOYER: 124] Q: An(i is that a pcrffianent restriction? [24] 0: Doctor, you began your testimony by saying [25] A: N'cs. [2s] that you thought this was an indcpcndent medical exam Page 13 - Page 16 (6) Min-U-Script(o COVFJUNG NC, SC, GA & IN 800-333-2082 Injured 0. lilGHT v. JAMES EDWARD FOSTER, M.1p. NORFOLK SOLrrHERN RAIELWAY COMPANY March 3, 1909 Page 17 Page 19 11] requested by Mr. Plaintiff's employer, is that correct? [i] both sidcs wcre the same. 121 A: I didn't know exactly who had requcsted it. m C): And you found that his decp tendon reflexcs [31 It said - in the chart under chief complaint, it says ral are two plus and symtnetrical in the knees and ankles, is [4) I'm here I)ecause the railroad board wantcd mc to [4] that corrcct? [5] evaluate niy back. [s] A: Yes. 161 Q: It says there railroad board, is that 161 Q: So that's nomial, is that correct? Fi] correct? m A: Yes. 181 A: Yes. [aj 0: And you found that his sensory examination 191 Q: And yoti don't know if that's an employer or [9] is totally nornial to the lowcr extrcniitics, is that !@o) not? [ioi corrcct? l,ij A: No, I don't. [ill A: Ycs. IIZI 0: In your rcport that you prepared, you put (12] Q: And strcngffi in his qlia(is, hafnstrings and I f'31 near the end of the discussion scction that Mr. Plaintiff (13) can't rcad the next word there. [1,] had a paticity of objcctive ftndings as far as [14] A: Gastrx)cs. [1 5i netirological dcficits or anything to indicate any rype 1161 0: And that's his calf musclcs? [, s) of disc abnornialities, is that correct? 1161 A: Ycs. 1171 A: That's correct. [171 0: His toc extensors, his hip flexors, tiol 0: An(I yoti use the word paucity and am I right (is] adductors and abductors are equal bilatcral, is that [, 91 that PaLiCity nicans very few? (igl correct? [201 A: That's correct. 1201 A: That's correlt. r2ll Q: So you wcre saying there that you folind [21] 0: So aL[ of that was nornial? 1221 very few objective findings that Mr. Ifight had any rm A: Ycs. 1231 problems? [23] 0: And you found nor=l circulation to both [241 A: As far as any disc abnorffianties. [24j lower cxtreniities and good dorsalis p@ pulses, is i25] 0: By objectivc findings, that mcans somcthing r251 that coffect? Page 18 Page 20 iij that you can test or measure in some way, is that III A: Yes. [21 correct? t2i 0: What arc dorsatis pedis pulses? (3) A: That's correct. 131 A: Pulses on the top of the foot that you 141 Q: For example, X-rAys woltld be an obicctive [4] chcck s@r when you check the wrist for the radial Is) fmding@ t5i artcry. It gives you good evaluation of circulation to 161 A: Correct. (s] the lowcr legs and fcet. [7] 0: And X-rays that you took for Mr. ffight, m 0: And again that was nornial? [al they were norrnal for a 53 year old ffian, is that correct? (a] A: Ye s. 191 A: That's correct. p] 0: And toe walking and heel walking, they werc i, 0) Q: And I think you said yoti found no evidence (lo] both nornial as wcfl? @,ii of any abiioriiialities and discs in Mr. Plaintiff's spine, is (11] A: Yes. il2l that correct? (12i 0: If I rcad your report right, Mr. ffight even ['31 A: That's corrcct. li3i told you that his MRI showed no cvidence of any type of ii4i Q: You also found no evidence of any numbness [143 herniated disc, is that correct? lisl or tingling, is that correct? 1151 A: That's correct. [isi A: That's correct. 1161 0: And the MRI wasn't something that you took? 1171 0: Yoti found that there %us no atrophy of the ti7] You wcre relying on what Mr. ffight told you about that? ii8l mtiscies of the lower extreniities, is that correct? (181 A: That's correct, and I did not have that f' 91 A: Yes. (lgl available to review. 1201 0: What do you mean by atrophy of the muscles [201 0: Wh2E records did you have available to [21) of the lower extreniities? (2i) review? 1221 A: Atrophy would be the wasting away secondary [22] A: Actually, on that date the only records I [231 to eitlier loss of nerve supply or secondary to disuse. [23] had was his history. I didn't have any records from his (241 0: And yoti found none of tliat? [241 treating physicians or anyone else. 126] A: No, he was synimettical. In other words, [25] 0: By his history, you mean what he told you COVERING NC, SC, GA & TN 800-333-2082 Min-U-Sc:riptoD (7) Page 17 - Page @O JAMES EDWARD FOSTER, M.D. Injured 0. EEIGHT v.- - March 3, 1999 NORFOI.K SOLTRHERN RALLWAY COMPANY Page 21 Page 23 [11 abotit what happcned to him, is that correct, and his Ill 0: And you bave those two pages that I have i2l coiirsc of treatment? [21 shown you? J3] A: That's correct. [31 A: Yes. [41 Q: An(] that's what yoli relic(] on in coniing to (4i Q: And on those two pages you note that onc of [s] yotir concILisions, is that correct? [51 the liniitations you put on Mr. Plaintiff was that he mtist 161 A: That's correct. t6i periodically be able to alternatc sitting and standing, 171 0: You testified a little bit about what Mr. m is that correct? (al tfiglit told yoti about his fall, but I think in your (8] A: That's correct. (9] report you also stated that you were not sure abotit the [gi Q: So as long as a job that Mr. fught was [ioi specifics, is ttiat correct? [iol offered would allow him to do that, yoli would be (Ill A: Yes. [11] satisfied with that position? 1121 Q: Tlit conCILision as statcd in your report, [12] A: Ycs. il3) wa@ that Mr. Higlit cotild not do the work of a conductor 113] 0: Again, as long as the job did not require 1141 for the railroad, is that correct? [14] him to ILft more than tcn pounds and allowed him to sit 1151 A: Yes. Its) down or stand up as hc so chose, that job would be [16) Q: But yoti arc not saying that Mr. Plaintiff is [16) something that you feel that Mr. I-light cotild do, is that [i 7) (lisal)led froni doing any type of work, is that correct? ii7] coffect? 118) A: No. fl8] A: Yes. 1191 Q: Yoti arc jL[Sl putting some @ts on what (191 Q: The diagnosis as stated in your report is a [201 N4r. ffight can do, is that right? 1201 lower back sprain, is that correct? [211 A: That's coffcct. (211 A: Yes. 1221 0: An(I those liniits relate to things Like how 1221 0: You yourself have had some work done on [23) miich lifting or how much sitting or standing he can do. r23] your back, is that correct? [241 is that correct? 12,1 A: On my ncck, yes. [251 A: Tliat's corrcct. [25] 0: You had some vertebrae fused and some discs Page 22 Page 24 [1] 0: An(i one of the @tS YOLI noted was he [1] removed, is that correct? [21 nettled a job that woldd allow him to petiodically [2] A: Yes. (3] alternate sitting and standing so as to relieve any pain p] 0: And to your knowledge, Mr. Plaintiff has had [41 or (lisconifort, is that correct? [4] noehing of that rype of work done, is that correct? 161 A: What note is that in? t5l A: That's corrcct. 161 Q: I have ttiat tinder the exertional 161 G: And you arc able to ftmction and complctc [r] liniications. m an office practice despite the work that you have had 181 A: Oli, yes. tal done on your spine, is that correct? 191 Q: Yoti (lo Itave in your file residual (9) A: That's correct. [io] functional capacity assessnient on which you list these 1101 MR. BOYER: Thank you, doctor, that's all. [i,l sprcial liniitations, is that coffect? [11] MR. HAJEK: I don't have any ftirther 112) A: Tliat's correct. [i2] qtiestions. [131 Q: An(] the exhibit that you have been provided [13] Doctor, I thank you for yotir tinic and 1 [141 think we are done.You have the right to read and sign [141 is slightly diffcrent in forniat than the form I havc [i5] the deposition or you can waive that right and rely on [is) got. is that correct? [i6l the court reponer. [iBl A: Yes. The wording appcars to be basically [171 THE WITNESS: I wW waive that right. [i 71 the same.The otitlines around it are somewhat 1191 MR. HAJEK: Thank you, doctor, appreciate [lei dlffcrcnt. [19] it. (19) Q: ls it correct that the @ibit that you are [201 (Signature waived.) [20) looking at appcars to be a consolidation of the two [21] (Whereupon, at 2:20 p.m., the taking of the [211 pages that I sat in front of yoti? W instant deposition ceased.) [22) A: Yes, it is. [231 [231 Q: Anci wtiat I have shown is an acctirate copy r241 (24] of wliat yoti liave got in your chart, is that correct? 1261 [251 A: Yes, it is. I liave it right here. Page 21 - Page 24 (8) Min-U-Scripts COVERING NC, SC, GA & TN 800-333-2082 Injured 0. EAGHT v. JAMES EDWARD FOSTER, M.P. NORFOLK SOL7rHERN RAIELWAY COMIPANY March 3, 19" Page 25 CERTIFICATE OF REPORTER 121 [31 STATE OF NORTH CAROLINA) [41 COUNTY OF MECKLENBURG 151 1, Andrea L. Nobrega, tho otl@r before [61 whom the forepft doposhlon wm taken, do hereby M cortgy lhat the wftmsa whose lestimny appears is] in the foregdirtg deposhion ms duty smrn by M; 191 that the teatkwn ol said whmss was taken by [,ol to the best ol nvy abifty ard the,eaner reduced Ilil totypowrlingund6rrriydir@lon:thati@ 11 2j mnher counsel for, related to, wr employed by 113) any of the paMISS to Ihe action In which this (141 deposftlon "S laken, and turthor that I m ml a 1, s] relative or o@y" of " attormy m @@l [161 arnployed tyy the partin thereto, wr f@l* 1,7) or otherwtn lrtereated In the outm@ of the lis) aclion. 1191 120] ANDFIEA L. NOBREGA [21] Court Reporter and No@ [22] Pubilc in and for 1231 North Carolim. 124] r2sl Myco@issbonexpires:11.25-01 COVERING NC, SC, GA & TN 800-333-2082 Min-U-ScriptM (9) Page 25 - Page 25 Lawyer's Notes