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1 ROB BONTA
Attorney General of Califomia
2 KRISTIN M . D A I L Y
Supervising Deputy Attomey General
3 JAMES F. CURRAN
Deputy Attomey General
4 State Bar No. 142041
13001 Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax:(916)324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12
13
DAVID RIDGE, Case No. 34-2019-00265393
14
Plaintiff, DECLARATION OF JAMES F. CURRAN
15 IN SUPPORT OF DEFENDANT
CALIFORNIA HIGHWAY PATROL'S
16 MOTION TO COMPEL SIGNATURE ON
AUTHORIZATION FORM AND
17 T H E CALIFORNIA HIGHWAY PATROL; COMPLIANCE WITH SUBPOENA, AND
and DOES 1-100, inclusive. FOR SANCTIONS
18
Defendants. Date: September 21, 2022
19 Time: 1:30 p.m.
Dept: 53
20 Judge: Hon. Richard K. Sueyoshi
Reservation: 2660532
21 Action Filed: September 23, 2019
22
23 I , James F. Curran, am an attomey licensed to practice law in all courts of the State of
24 Califomia. I am a Deputy Attomey General and counsel of record for Defendant Califomia
25 Highway Patrol (CHP) in this case. I have analyzed the pleadings and documents, including
26 Plaintiffs discovery responses, relevant to this lawsuit and have engaged in "meet-and-confer"
27 communications with Plaintiffs counsel, John Briscoe, of Mayall Hurley, PC, concerning the
28
1
Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
1 issues presented by this motion. Specifically, 1 have reviewed Plaintiff s responses to written
2 discovery, including his response to CHP's Employment Law Form Interrogatories, Set One, in
3 which Plaintiff identified Marriage and Family Therapist Kay Williams as a therapist from whom
4 he received treatment for the emotional injuries Plaintiff has alleged in this action. 1 have also
5 taken two sessions of Plaintiff s deposition. I therefore have personal knowledge of the matters
6 described below, and could competently testify to their tmth if called upon tO do so.
7 1. Attached as Exhibit 1 is a true and correct copy of the August 14, 2019 Report by
8 Agreed Medical Examiner, Beth Bathgate, M.D., who examined Plaintiff David Ridge as part of
9 one of his workers' compensation claims based on injuries Plaintiff allegedly suffered in the
10 course and scope of his employment by CHP.
11 2. Attached as Exhibit 2 is a true and correct copy ofthe transcript of the percipient witness
12 deposition of Matthew Stover. Captain (then-lieutenant) Stover was Plaintiff s "area
13 commander," and second-level supervisor, during Plaintiffs tenure at CHP's Placerville Area
14 Office.
15 3. Plaintiff applied for disability retirement, and CalPERS approved his application,
16 effective January 3, 2019. Attached as Exhibit 3 is a true and correct copy of the Disability
17 Retirement Approval Letter, with redactions, issued by CalPERS to Plaintiff stating the effective
18 date of his retirement was January 3, 2019. Plaintiff testified at his deposition that he requested, in
19 late October 2021, to be reinstated; this request was approved, and Plaintiff is now working as a
20 patrol officer out of CHP's Santa Ana Area Office. While he has not sought a subsequent
21 reasonable accommodation. Plaintiff testified at the first session of his uncompleted deposition
22 that he is utilizing the Back Defender.
23 4. On January 14, 2020, CHP served its Employment Law Form Interrogatories, Set One,
24 on Plaintiff. Attached as Exhibit 4 is a true and correct copy of those form interrogatories.
25 Attached as Exhibit 5 is a true and conect copy of Plaintiff s Responses, served on March 16,
26 2022, to CHP's Employment Law Form Interrogatories, Set One, including the verification form
27 Plaintiff signed on March 11, 2020. In response to Form Intenogatory ("FI") No. 212.2, Plaintiff
28 stated he suffered, as a result of the adverse employment actions giving rise to this case,
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Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
1 depression, anxiety and emotional distress. (See Responses, 10:7-18.), In response to Fl No.
2 212.3, Plainfiff stated these emofional injuries were "becoming worse." (Id., at 10:18-25.) In
3 response to Fl No. 212.4, Plaintiff stated he underwent monthly therapy, for injuries he attributes
4 to the adverse employment actions giving rise to this lawsuit, beginning in 2018 from "Dr. Kay
5 Williams" of Cameron Park. (See Responses, 10:26-11:10.) I am informed and believe, based on
6 basic online searches, that Ms. Williams is a maniage and family therapist. ' In response to
7 Interrogatory No. 212.5, Plaintiff stated he is taking Celexa, an antidepressant, and Clonazepam, a
8 benzodiazepine used to treat, among other things, panic disorder, for the injuries he attributes to
9 the adverse employment actions giving rise to this lawsuit. (See Response, 11:16-25.)
10 5. Attached as Exhibit 6 is a true and conect copy of the subpoena 1 issued to Ms. ,
11 Williams on March 25, 2022, seeking production of her treatment records on Plaintiff. Plaintiff
12 did not object to or move to quash this subpoena. On April 5, 2022, Ms. Williams sent a fax to
13 the attomey service, a company called "ACE," that our office used to serve the subpoena, in
14 which fax Ms. Williams requested a "release" (authorization for release of records and
15 informafion) from ACE. A tme and correct copy of Ms. Williams's fax is attached as Exhibit 7.
16 Thus, Ms. Williams has refused to release her treatment records on Plaintiff Ridge for inspection
17 and copying unless she is provided with a signed authorization form for the release of these
18 records.
19 6. After ACE notified our office of this request from Ms. Williams, DOJ Paralegal Kurt
20 McCrum sent, on April 7, 2022, an email to Plaintiffs counsel attaching an authorization form
21 for release, by Ms. Williams, of her treatment records on PlaintifT. (See earliest email in string
22 between Mr. McCrum and Mr. Briscoe, a true and conect copy of which email string is attached
23 hereto as Exhibit 8.) A true and correct copy of the authorization form (redacted) that Mr.
24 McCrum attached to his email is attached hereto as Exhibit 9. Mr. McCrum, having received no
25 response, sent follow-up emails to Mr. Briscoe again asking that he sign and retum the
26
' See, e.g., https://www.medicarelist.com/couples-therapy/ms-kay-marie-williams-lmft-
27 cameron-park-ca/, which lists Ms. Williams' address as 4120 Cameron Park Dr., Suite 302A, :
Cameron Park, CA 95682, which is the same address as that provided by Plaintiff Ridge in his
28 response to Int. No. 212.4.
3 . .
Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
1 authorization form on April 13 and May 12, 2022. (See Exh. 8 at pp. 1-2.) On the latter date, Mr.
2 Briscoe, in response to Mr. McCrum's repeated question about whether Plaintiff would sign the
3 authorization form, replied via email: "No, I don't believe he will." (See Exh. 8 at p. 1.)
4 7. 1 then sent Mr. Briscoe a letter on May 27, 2022, in which 1 again requested that Mr.
5 Briscoe sign the authorization form. I attached to this letter a tentative ruling issued by the
6 Sacramento Superior Court setting forth the legal authority that requires plaintiffs who have
7 received treatment for emotional distress injuries to sign authorization forms for release by their
8 treatment-providers of medical records pertinent to the injuries for which those plaintiffs are
9 claiming damages. A tme and correct copy of my letter of May 27, 2022, with attachrnents, is
10 attached hereto as Exhibit 10.)
11 8. Mr. Briscoe then sent me an email on May 31, 2022 at 3:30 p.m., in which he stated that
12 Plaintifr"is willing to stipulate that he is seeking no more than 'garden variety' emotional distress
13 [damages] in this case." Attached as Exhibit 11 is a true and correct copy of that email. On June
14 9, 2022,1 responded to Mr. Briscoe with a letter, a tme and correct copy of which is attached as
15 . Exhibit 12. In this letter, I pointed out to Mr. Briscoe that Plaintiffs willingness to enter into
16 such a stipulation does not resolve the question whether Ms. Williams' treatment records are
17 discoverable. I pointed out that the concept of "garden variety" emotional distress damages
18 arises from Code of Civil Procedure section 2032.320, and that section 2032.320 does not apply
19 to this lawsuit. I again requested that Mr. Briscoe and his client sign, date and retum the
20 authorization form for release of Ms. Williams' records. I informed Mr. Briscoe that CHP
21 remained open to further discussion of additional legal authority and believed the parties could
22 resolve this discovery dispute without court intervention, but it appeared that, unless Plaintiff
23 authorizes disclosure of the records, CHP would be forced to file a motion to compel Plaintiff to
24 authorize their disclosure.
25 9. On June 24, 2022, having not heard anything more from Mr. Briscoe, I sent an email to
26 him to which I attached my letter of June 9, 2022, and the Williams authorization form to be
27 signed by Mr. Briscoe, and again asked him to sign and retum the form. A true and conect copy
28 of this email of June 24, 2022 at 10:46 a.m. is attached hereto as Exhibit 13 (see p. 6.). As of
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Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
1 July 6, 2022,1 had not heard anything about the Williams authorization form from Mr. Briscoe,
2 so 1 sent him another follow up email that day at approximately 10:38 a.m. A tme and conect
3 copy of my email of July 6, 2022 at 10:38 a.m. is part of the email chain (see p. 3) attached hereto
4 as Exhibit 13.
5 10. I again followed up with Mr. Briscoe about the Kay Williams authorization form on
6 July 12 and 14, 2022, and informed Mr. Briscoe, in my email on the latter date, that we would file
7 a motion to compel if we did not receive the signed authorization form by July 18, 2022. A true
8 and correct copy of my emails to Mr. Briscoe on July 12 and 14, 2022 are part of the email chain
9 (see p. 1) attached hereto as Exhibit 13 (see pp. 1-3). On July 18, Mr. Briscoe sent me an email at
10 10:26 a.m. in which he stated Plaintiff Ridge remained unwilling to consent to his disclosure of
11 his "psychiatric records," and in which he again took the position that CHP is not entitled to copy
12 and examine Ms. Williams' treatment records because Plaintiff would only seek recovery for
13 "garden variety" emotional distress damages and would not offer expert testimony in support of
14 his claim such damages. A true and correct copy of the email chain between Mr. Briscoe and me
15 containing his email of July 18 at 10:26 a.m., my response of July 18 at 5:32 p.m., my follow-up
16 email of July 20 at 5:21 p.m., and Mr. Briscoe's email of 3:00 p.m. on July 20, 2022, is attached
17 hereto as Exhibit 14. At 5:32 p.m. on July 18,1 responded to Mr. Briscoe and attached another
18 excerpt from this court's tentative mlings in which the court granted a motion to compel a
19 plaintiff to sign an authorization form, in a disability/failure-to-accommodate case, for disclosure
20 of psychological treatment records. (See Exhibit 14 at pp. 2-3.) In my email of July 18 at 5:32
21 p.m., I again pointed out why the "garden variety" offer did not eliminate CHP's right to examine
22 and copy Ms. Williams' records and therefore was of no assistance. (Ibid.) I also informed Mr.
23 Briscoe that CHP would seek sanctions if Plaintiff and his counsel continued to refuse to sign the
24 authorization form. (Ibid.) 1 also asked Mr. Briscoe if Plaintiff would stipulate to a continuance
25 of trial. (Ibid.) I followed up on these topics with an email on July 20, at 2:51 p.m., to Mr.
26 Briscoe. (See Exhibit 14 at pp. 1-2.) At 3:00 p.m., that day, Mr. Briscoe responded to my email
27 and stated Plaintiff still refused to authorize release of Ms. Williams'records. (Ibid.) In the first
28 session of Plainfiff s deposifion, taken on August 12, 2022, Plaintiffs counsel instructed Plaintiff
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Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
1 not to answer, and Plaintiff refused to answer, questions conceming all the reasons, both work-
2 related and otherwise, that Plaintiff received treatment from Ms. Williams. Plaintiffs counsel
3 based his instmction on the psychotherapist-patient privilege.
4 11.1 have spent in excess of nine (9) hours preparing this motion, my supporting
5 declaration, and the other documents filed herewith in support.. The Employment and
6 Administrative Mandate Section of the Califomia Attomey General's Office, to which I am
7 assigned, charges its client agencies, including CHP, $220 per hour for legal services. I
8 respectfully submit this is a reasonable and less than customary charge for these services. I
9 anticipate 1 will spend approximately five (5) additional hours reviewing Plaintiff s opposition to
10 this motion, preparing a reply brief, and preparing for and attending the hearing on this motion if
11 one is necessary. Therefore, I anticipate CHP will incur attorney fees of at least $3,080 for the
12 review ofthis motion and Plaintiffs reply papers, for preparation of this opposition, my
13 declaration and proposed order, and for oral argument.
14 I declare under penalty of perjury under the laws of the State of Califomia,that the
15 foregoing is true correct. Executed on August 25, 2022 in Sacramento, California.
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Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393)
EXHIBIT 1
Ba.t!iig.{i|fe,.M.B, ( Mail Correi^ilplife^
Orthopedic'Siargery 772 Jahlacha Road, Suite 415
El Cajon, Califomia 92019
Phone (619) 416-9677
Fax (619) 768-2592
E-mai 1: Dr.Bathgate2 019 @gmai 1. com
August 14, 2019
Thomas Kurtz, Esquire
Novey Law Group
58.00 Stapdfoid Ranph, Suite 610
Rpokiln, Gai-ifoxnia -95765
Aifaf. ClJieti, ClautiS €xaminer
State Coitipensatloti Insurance Fund
P. 0, ©0X317:1
SuiS:Un.Oi,ty., California 94585-6171
Re: RroOEjDavid
DOB: ^ ^ ^ ^ ^
Emp: California Highway Patrol
DOl: CT April 21, 2014-Apiil 21,
2015;
CT Apiil 22, 2015 - March 6,
Claim:
DOE: August 14,2019
AGREED MEDICAL EVALUATION
Deal-Mr. Kurtz; & Ms. Chen:
As requested, David Ridge was seen for an Agreed Medical Re-Evaluatioii in my Sacramento
office on Augiiist 14, 2019, regarding his orthopedic injuiy.
This report is submitted pursuant to 8 Cal. Code Reg.>;. Section 9T95(b)&(c) as an ML 101-94,
Agreed Medical Re-Evalnation. Fifty miautes were sjieiit in.face-to-face time with the patient,
two Uoiirs in review of the medical records and tliree hours in preparation of the report.
RE: RIDGE, David
August 14,2019
p.ago!Z
KECAPITULATIQN
Mr. Ridge was last evaluated on Febraai-y 6, 2019. The history and his medical records
iwcludcd the following.
Mr, Ridge first noted low hack pain in about 2007. He also had some numbness in the left leg
fie'htM iQ kis w&rk a$ a Highway Patrol Officer, Including wearing a 30-pqmd duty belt and
pr0lp}¥g«O months ofpain at the base ofthe
right thumb. Employed by Stale of Calljbrnia Highway Patrol. Date, of injuiy listed as April
15, 2015. Medical history of hypertension and sleep apnea. Diagnosis: Chronic right
lumbosacral strain with left thigh intermittent paresthesias; Right thumb de Quervain's.
•1 .
RE; RIDGE, David
August 1.4,2019
Page 3 ^
Ergonomic worhtation evaluation, ice/heat modalities, thumb/wrist splint, and physical
the^rcip^ recoaun.endcd. Medications provided. Likely a bulged disc aggravated by the dut)>
b<, N,o tteed fo:!' MRI. or specialty referral at this time.
M(! Was' sjetin by DJ-: Faihsztein on June 3, 20.15. Cliwiiix: to.'w hack pain with left^.sided
puresikesias and right ihumb de Quervain's tendhifis, ioda^- asymptomatie. Thumb wrist
spiw:t:pravtds^i 4yi!(li^M.ng ergoriomic evaluation. Condnue me4ic,a(iotis and physical therapy.
Pr, iFuinM^in iSS.U&^ C supplemental report on June 24., 2015. Telephone message.
^OrsMiiig t:4i lower extremity numbness, now constant. Physical therapy not helping
ntimbness. Right thumb intermittent worsening. Continued left lower extremity radiculopathy.
MRi order&d. Continue physical therapy, ice md heat.
Lumbffr spine MRI was performed on July 6, 2015, and read by John Winn, M.D. Small bony
hemangioma within the L2 vertebral body. Congenital spinal canal narrowing within the
lower lumkar spine secondary to short pedicles and prominent epidural Jat^ Mild bilateral
fg.c& Mtbrgpathy at i>5-rSl. Impression: Congenital spiml cdtwl mrr-awitig. l^o significant
degenerative disc disease or acquired cen tral canal-stenosis Mdd facet arthropathy at LS-Sl.
On July T5.y 2015^ he was seen h)> Dr. Fainsztein. No findings on MRI to warrant continued
trmtrtijeflti S'fifmft'^^Mt and stationaty for the loyv bock and right thumb. Discharged with no
0riitifnenti)n]^Uii'mmt, no disalUlity, and no future me^^
Diagnoses at the time of the previous evaluation were chronic low back pain with mild
bilateral facpt arthropathy, chronic left lateral femoral cutaneous nerve irritation and right
wrist de Quervain's syndrome. He was noi permanent and .stationary and further treatment
was indicated.
Mr. Rj4§0 states he has continued to workj'ull time as a California Highway Patrol Ojjlcer.
He -dfdi$^t start being treated following the December 3., 2015, Agreed Medical Evalua tion
until-July 7, 20.16. He then began .seeing Dr. Yang. Ait epidural injection was done in August
of idl 6, He stfit.es this did not help him.
Hi? hud afl incfkfise in his right wrist and thumb pain on about August 16, 2016, when he was
wrestling a person in custody to the ground. He was seen at the Emergency Room at Marshall
Medical Canter. Diagnosis was exacerbation ofde Quervain's tenosynovitis due tp injury. He
was advised to iee the injury, wear a thumb spica splint and use medication for pain, Mr.
Ridge continued working wilhout re.strictioiis. He states his thumb and wrist pain were
incredsedjar some time but then returned lo their baseline level.
tiE: RIDGE, David
(
Q
August 14, 20J 9
Page 4
tie hms been unable to obtain a special external vest carrier for his gun; This was
recommended by Dr. Yang. He .states this was denied by the insurance company. He has not
yet .teen dH orthopedic surgeon or a neurologist
Medical records were received and included the jbllowlng.
He was se^n by Michael Yang, M.D., pain management specialist, on July 7, 2016. History of
ohmme low bmkf^in for many years. Eaiploy^d, as a highway patrol o^iQer. Hii first saw a
dp.m^/if'^. imrhdckpainin 2007. Date of injury listed m iApr$ i t 2Qt5, Jbr low ba related 1:0 wedging. There was a component of congenital stenosis.
Dr. Sanden did lumbar spine surgery on April 12, 2018, with decompression at L4-5 and L5-
Sl for .stenosis. ' ~ ~ ~~~~~~~~
Mi', Ridgis ^t^tejf that he la.si worked on the date af his s^irgery. He recently was relea.sed by
,Dr. Sandm to sidrt m odified duty, wh ich he has been doing since Jamtar)' 10, 21)19:
Meditsal remrds were received and included ihe.following.
Me was seenfor jbll.oW-up by Michael Yang, M.D., pdin management specialist, on November
' 22;y. 2M Kand January 23, 2017, Continued right de Quervain's symptoms and low back pain.
DiqgiTbsP^:* RdS^Hiop0hy of lumbar region; Lumbar degenerative joint- disease; Lumbar
spine degenerative arthritis; Femoral nerve injury; Right wrist injury. No benefit from lumbar
epidural steroid injection. Referred for orthopedic evaluations. Chiropractic visits approved.
He was seen by Joseph Ambrose, D.C. on February 17, 2017, and a Doctor's Fir.st Report of
Occiipatio/ial Injury was completed. Cumulative stress to lower back during law enforcement
duties. Currently wilh complaints of low back pain and stiffness and left leg pain and
numbne.s.^. Also with right wri.^t pain. Injury date listed as April 21, 2015. Employed by
CaUfornia Highway Patrol, Diagnosis: Segmental dysfunclion of thoracic, lumbar, sacral and
RE: RIDGE, David
(\ ^ c-
August 14, 2019
Page 6
pelvic regions; Sprain of ligaments of thoracic spine, lumbar spine, and .sacroiliac; Lower
b{ic:k.Strain;: Mii&cle spasm of back. Chiropractic care recommended.
On March 17, 2017, he was seen by Gary Martinovsfy, M.D., pain management specialist, on
March 17, 201.7. During the cour.se of employment as a police officer jor California Highway
Patrol he sustained cumulative trauma injury to his lower back from wearing a 30-pound
gm h^lt, fight wrist due to repetitive typing fl/rrf motwe oip/if^^ attributed
to the magazine pomh pressed against his leftfemoral n^rvefor 20.ym% Past work-related
motor vehicle aGcid^nt in 1997, cumulative stress, and h^eif po.pky. Medical Msto.ry of
MQod pres.Wi. l)i&gn.osis: Left meralgiq paresth^ticd; liUinMr jii^etOgenic pain,' Luthbia^go.
Authorization requested for plastic .surgery consultation to evaluate Jbr left femoral nerve
decibiinpri^.SiQH. Ri^^rred to hand surgeon for right de 'Quervain's release. Referral requested
for ohiropmctie physiotherapy for ihe lower back.
Me wais se.en by Phy.s.ician"Assistant Leonid Pugach for Dr, Martinqvsl Constant radiating leg pain through the lejl buttock into the left thigh
with numbness/tingling.
,H& ms }iiim by NP Sanden for Dr. Sanden on October 23, 2018. Nearly resolved left,
foot/dnkie i/veahiiess, no longer with foot drag. Continue ongoing care and treatment.
Hje -Vim ?:ft!2h by .Nip Sanden for Dr. Sanden on December 4, 2018. She months status post
lutn'bdf sptpe surgeiy with intermittent lower back pain and pain into the lejl buttock and
thigh Physical theiWy helped wilh strengthening. Proceed with scheduled QME on February
9. F'bllow-up in four viieelcs.
INTERVAL HtSTQRY
SitieQ IsSt ^vailitta.tion, Mr. Ridge has been followed by\his spine aufgep.n, Dr. Sanden, Dr.
Islksdi 'and Dr. Ambrpse.
Mr. JSdge. States tliat his lawyer filed a uerw curriwlative tiaurna case firom April 22, 2015, to
Ma5t!0b6, 2Qa9.( for the low back. He states that he had been off work from April 12,2018, the
'^fmfe of biB Iflw .b«i<5k surgeiy, until January 10, 2019. He was released to modified work,
Which he started on January 10, 2019. He did have to wear a gun beU in tiie office for a few
mooths around lljis time, from about Febmary to April 2019. Dr. Nkadi gave him a restriction
of not using a gun belt in about April 2019. He has continued to do office work since that
time.
He contiiivied with low back pain, and in March 2019 went to a chiropractor. Dr. Ambrose,
andMs fatnily practice'doctor. He had a new MRI done.
Mr. Ridge slates that he was released to fiill duly for a few months in 2019 but he did not
return to 'WCttk at patrol, but worked in an office.
ISe has beeii depressed related to his injuries.
Medical records were received and included the following.
He was seen for follow-up by Nurse Practitioner Theresa Sanden for Roderick Sanden, M.D.,
neurosurgeon, oi) Januaiy 9, 2019. Status post lumbar spine surgeiy performed in April 2018
with pain and nurrtbness/tingling radiating into the left buttock and thigh to above the left
knee. Pain in the right buttock began yesterday while walking upstairs. Resolved left
foot/anltle weakness, Assessment: Status post L4-5 and L5-S1 laminectomy/diskectomy; Mild
kypliotic defoimity fi-om collapse wedging Tll-T12''Lli Body mass hidex of .43; Left thigh
meralgia paresthetica; Component of congenital stenosis; Riglit wrist de Quervain's. MRI
RE: RJDGE, David
August 14, 2Q;1:9.
Pkge 10
recommended due to new pain/symptoms on the right. QME scheduled for February 2019.
Recheck on FebAi.ary 12, 2019. Released to full work duties without restrictions,
Ue was seen by NP Sanden for Dr. Sanden on March 18, 2019. Pain radiating from right
buttockarottfid right hip region and into right groin. Acliing, slkoting pain and numbness into
left buttock andithlgh. Assessment: Status post L4-5 and LS'^SI lamlneetQmy/diskeetomy witli
preyjoMS dpcurdenleel 80 pfcrcent improvement In 'ti'KM. low badk anti 60 percent
Impjiovejuent-pf left leg pain; Recent five day fla.re up of right back/bviitQck, hip and groin
,p,a.i{i, -syWcli he lJoli?y.ed is a new industrial ujjury; lyijld k>^h,otiQ deformity ftom collapse
WM^:fij|"^i;l'-iri^''Li contributing .to upper thoraeoiDm1>ai' &Xi£|[l low^r back pain; Body riiass
index of 41; Lefl thigh meralgia paresthetica, now possibly bilateral in nature; Nonindustrial
r i j i t ^Hip # b ^|th negative riglit hip x-rays taken by nonindustrial primaiy care provider;
Qngolng ipreexisting component of congenital stenosis; Right wrist de Quervain's.
Autliorization requested for physical therapy and lumbar spine MRI. Consider right hernia
evaluation and right hip MRI. Likely permanent and stationary if lumbar spine MRI findings
arei normal.
Lumbar Spihis MRI. was performed on April 23, .2019, fttid Head by Lairy Chespak, M.D.
(^043i)[l!!atl#p.^©^tpber 26, 2017. Findings/Impressioh.: ^vu-gt6al inteirvention at L5-S1 level
done Eiinee. prior examination. L3-4: Broad disc prOtmsion measuring 2r3mm again noted.
BBaferql nemtil foraminal exit zone compromise without spinal stenosis. No significant
OSteoarthrltic ch^igeS involving die facet joints. Post adnctiaistra^tion of intravenous Contrast
wlth:no ateoimal increaisied or decreased enhancement. L4-5: Disc protrusion measuring 1-
' M M .f^gaJh .wdted, gnchanged when compai'ed to prior examination. No significant
Osteb&i'tbrllJic Changes involving the facet jouits. Post adriVinistratlon. of intravenous contrast
with no abnormal increased or decreased enhancement. L5-S1: Left laminectomy performed
since prior examination. Partial regeneration of lamina. Soft tissue mass adjacent to the
medial aspect ofthe left facet joint impinging upon the thecal sac, with finding not present
preopiJratively and cannot be determined i f this represents scar or residual disc. Post
administration of intiuvenous contrast witli no abnoraial increased or decreased enhancement,
ile waS:,Sq6n 'h^ Paul Nkadi, M.D., physiatiist, on May 23;, 2Q;19, and a Doctbr^s First Report
of'OeouijaitiGnal Injiury was completed. Employed as an offtcer for California Highway Patrol
fbf Ihe p,m 2.4 yettrs. No specific date of injijii'y. Cumulative trauma from wearing a 30-35
pound gim belt eigjit hours a day. Date of injury listed as April 21. 2015. Industrial-related
injury. Di.agnosi^: Chronic lumbar radiculopathy; Memlgia paresthetica; Trochanteric biusitis
of IiOtli hips; Qsteoarthiitis of carpometacarpal joint of Uiumb; Status post lumbar
laniin&ClDiTiy. Proceed with scheduled TENS unit trial as well as chiropractic therapy for
previous injury. Bilateral iliotibial band stretching in physical therapy recommended.
RE: RIDGE, David
August 14, 2019
Page 11
On May 2'8, 2019, he was seen by Niu'se Practitioner Aminah Al-Saeedi for Dr. Nkadi.
Constant back pain. Sleep disturbed by pain. TENS unit dispensed. Pending approval of
aoupimcture and chiropractic therapy.
Dr. .Nkadi saw him on June 19, 2019. Worsening back pain due to duty belt. Physical therapy •
Hoheduled; to begin next month. Continue TENS unit. Work clarification requested;
Recomm9nd no wearing duty belt, may wear outerrvest caiTier and duty belt suspension
C U M ^ ^ y TREATMENT
110 is fo.llowed by Dr. Nkadi. He gets chiropractic treatment and physical tlierapy once a
week. He uses a TENS unit.
MEDICATIONS
He takes no inedications for his injury. For unrelated reasons, he lakes clonazepam,
Pfopraholol, lisihopril and citaldpram.
CURRENT-COMPLAINTS
.lip has con§ta«t;l6w iback pain with numbness .and tiiTgliitrg iri the left leg. His pain Is worse
with •sitting and goingfl'oma sitting to a standing position. He has pain in the back, of tlie right
leg to ib.6taee.,Pie. ean't wear a gun belt without pain a.s ii;.!p0l«es into him when he is sitting
in e •pati'isl Sajt!. He lias, complaints of pain in the butfoClts.and hipis.
His. pain U shacp., throbbing, shooUng, stabbing, aching and burning and moderate.
He S,ta;tes his pain is worse than it was before surgery. It also increased when he returned to
work.TIe cannot do hikmg or walking for exercise.
Uiit fight tiiurab pain is constant. He has an aching. This has not changed since the last
evaluation.
JQBHIST;QRY
At tha tiin'& of.hit injury, Mr. Ridge worked Jbr the Califbtnia Highway Fdtrol as an officer.
He. started worktng there In October 1995. He did all the duties ofa Highway Patrol Officer,
Including Qlearitig the highways and arresting .suspects. He initially drove a patrol car.
RE: RIDCJEv .David
(f
Attgust 14, .203'9
Page 12
For the last three years, he has been an officer a.ssigited to a small Jield office in Placerville.
He states h^ kas lots of different duties. He does clei'ical work, handles reports, does data
entry. He does some patrol work as well.
As a Highway Patrol Officer, he is required to be able to Itfl over 100 pounds, sit, walk, walk
on uneven ground, climb and reach overhead.
Cmffl^ INJjURJES
He has.badhO. iiew injtiries since the last evaluation.
He h&ii ^ Bdlpr vehicle accident related to work when there was a patrol car collision in
19.9:8. He 'had no injuries or settlements related to this.
He had a cardiac workers' compensation case in 2007, which was settled.
He had a stress claim in 2010, which was settled.
L
He Jlqs .kdd no other work-related injuries, no persoiidl injuries and no motor vehicle
aecidents-wiih injuries.
GENBRAL-MiEDICAL HISTORY
He tea a JteaXt condition and high blood pressure. He states he is currently being evaluated
j!eg.arditig ^ii .^sSMtinl tremor and Parkinson's is being considered. Prior surgeries include
tonsilleCtonay in 2007. He has had no other hospitalizations.
REVIEW OF MEDICAL RECORDS
1. Subpoenaed records, from Advanced Neurospuial Care, NMCI Medical Clinic '
%. Rode'ripk.Sanden, M.D./Theresa Sanden, NP: 01/09/19- 03/18/19
3v U:l¥yCh.eSj5akfM.p.; 04/23/19
4. Jog,eph Awihrose, D.C: 05/08/19 - 05/29/19 (3 visits; Mid and low back pain, left: lower
• exETfeiiiity ii'uiftbiieBs/tingling)
5. PaislNkadi, M.D./Ainiuah Al-Saeedi, ANP-C: 05/23/19 - 05/19/19
RE: RIDGE, David
Augu.st 14,2019
Page 13
PH¥:SICAL B3!(AmATI.QN
The eXiinthiee is. an alert, cooperative, right'-hahded, 48-year-old male, who appeared
Gomfontable dttring the examination. In preparation for perfbrming the examination of Mr,
Rldg&i.afidfe.accordahcewith die AMA Guides to the Evaluation of Pennanent hnpairment. 5"'
Edillonj he Avas,provided a "warm-up" period such that he was observed peiformingrangeof
i3ii.(?.tiioit a,?tiy|t{fs Tabput his spine and extremities. In Edition, spinal examinations were
pejformed utilizing the single or dual inclinometer where appropriate and extremity
examinations were perfonned using the goniometer or inclinometer,
Heigliit: 5'1.0" Weight: 310 lbs.
EXAMINATION OF TIIE BACK
Gi?jigral Examijiatipn
Aligtjnjent of thia examinee's spuie and lower extrorriiiies Is normal with no scoliosis or
loi'do^is. The exfitnihee hasa nomial gait aiid is able to,walk ontoes and heels.
A well-healed.iJcar is .present over the low back.
TliefeJs tenderness and muscle guarding over the low back and paraspinal muscles diffusely,
• t'
Raoge Of motion of the back is as follows. An inclinometer was used and the highest of three
measurements is i^ecorded.
Measured Normal ROM
in degrees (3 times) in decrees
Flexion 40° 60°
CE- 5tOP
Ex^ehsioli 25° 25°
Lateral bending, right 20° 25°
Lateral bending, left 20" 25°
Musplfe Stifength.and Range of Motion
Eaioige of rription and muscle testing ofthe extensor, flexoi, invertor and eveitor muscles of
the liipi knee, ariklCj subtalar and gieat toe joints.are normal bilatecally.
There is no tendewiess over the Iliac crests.
RE: RIDGE, David
August M, 20T9
Page "14
Neurological Testing
Strai^lt leg.taising, seated and supine and cross, is nonnal bilaterally.
:,Deep-f©ftdon reflexes, both patellar and Achilles, arevnonnaT and, equal bilaterally,
SenSStiojtj ito pj.Hpriek is intact in both lower extremities, except decreased over the left lateral
thi#.I*i % 3 i ^i?trMtiot) to 70% of
OTedibilitiV "Tesiting
Diffuse Tenderness Appropriate
Nongnatomic Nem Dysfunction Appropriate
Histrionic Movements Appropriate
jersensitivity Appropriate
DIAGNOSIS
1. Chronic low back pain status post surgery for decom|)ression at L4-5 and L5-S1.
2, Chrpiaio left lateral femoral cutaneous nerve irritation, resolved.
3:. Right wrist strain with caipometacairpal aithritiS;
There is no change to my opinion with regard to causation. This is included here for
completeness.
In my opinion, it is medically rea.sonable that Mr. Ridge had a cumulative trauma injuiy
involving the back and lejl leg related to his work as a California Highway Patrol Officer
With a r^porfod date of April 21, 2015. He noted that lie had back pain over the years,
.starfliig in tO07. This was related to sitting in d patrol ear, wearing a duly belt and al\o
stopping combative suspects. This gradually increased with time and was reported on April
a. ms.
The cover letter lionq Amy W. Chen, Senior Claims Representative, indicated that a new
\n)\ity to the low back was alleged with a cumulative traiuna from April 22, 2015, Onough
March 6, 2019. She indicated tliat claim was denied based on Dr. Sanden's March 18, 2019,
report that stated that there was "no new low back cumulative trauma through March 6,
2019."
KB: RIDGE, David .
August 1.4,2019
16 15
Based on the available records, in my opinion, there has been a new cumulative trauma
sustained relative to Mr. Ridge's back. While it is noted he was assigned to a small office in
Placerville for the last thiee years where he did primarily office work, he did occasionally do
patrol as well and he was required to weai- a duty belt. He was receiving U-eatment for his
ifijtiry during tliis time. On August 5,2016, he was seen by Dr. Yang, Dr, Yang indicated that
•'Work comp will not approve the special vest: temporaiy certification to return to work ushig
a normal gum belt'" The patient described increasing:p^jn as a res.i|lt,
Mr. Rld.gi? .Indicated hq eofitinued to work fidl time a Califpripift highway patrol officer mitil
bis Ujfnbflt: spine surgery on April 12,2018. There was ci rMord indicating he was seen in the.
Marshall Emeiigeacy Room on August 16,2016, after he Md dncreased pain in his right wrist
tfjid^thlJiliilb ^VM^^^ a person in custody CO the :grouhd. This was discussed in the prior
•repoii's and ,tli& .right wrist and thumb are not being readdi'essed as tliey were previously
oon^i.iered to lij^ye reached maximum medical improvement. This information is Just given to
support that he was working full time as a highway patrol officer when this incident occurred.
h is noted that from April 12, 2018 tlumigh January 10, 2019, he was off work on temporary
total disability following his lumbar spine surgery. He then did modified work and was
feqyired t^ wear a gUn belt for two months. In my medical opinion, there has been a new
euraulativetrauma. Injury sustained to his lumbar spine as claimed. •
Mr, Kt?lje cohiplaijied of depression related to his injury and not being able to continue as a
Califoruia Highway Patrol Officer. Evaluation for this should be allowed for AQE/COE by a
psyohploglst or psychiatrist.
DiSCUSglON/OlSABILrrY STATUS
He was declared to have reached maximum medical improvement for the right upper
extremity and low back at the time ofthe February 6. 2019 evaluation. The right wrist has
been stable and will not be readdressed.
iSihCethe last evaluation, Mr. Ridge has seen Dr. Saiiden and also Dr. Nkadi, He is currendy
leeelving Ghiropractic treatment and physical therapy. He lias not returned to his ftill duties^
M.f. Ridgfe states tliat he does not think that he will he fiblc tp rettim to full duty dxie to the
heavy Job requirements of his position as a Califomia Highway Patrol Officer.
Mr. Ridge receiived conservative treatment following the December 2016 evaluation.. He had
medial broaclj blocks done in July 2017 and a fur.ther MRI of the lumbar spine. He was
j?efdrFgd .tp. a .iieUirOSiirgeon, Dr. Sanden, on October 4, 2017. Dr. Sanden recommended
surgeryy which was done on April 12, 2018, with decompression for central stenosis and
foraminal clianges at L4-5 and L5-S1, Following surgery he has received physical therapy.
RE: RIDGE, David
August 14, 2019
c
Page 16
Mr, Ridge was temporaiily totally disabled from Ajiril 12, 2018, at the time of his surgery,
•untiT.Jbnuaiy fO, 2019. He then worked at modijied duty fi-oni January 10, 2019. He states he
did w^af i gtap belt while doing office work. This e^tacecbatpd his hack pain. He went to a
GhirpjSiiaetor aitd.'hls own doctors for treatment. He hadttnew MRI which showed a soft tissue
.i.i'i"a$S #jMMit ;td the hiedial aspect of the left fad,et joint iiaj)ltiging upon the diecal sac. It was
stated that this finding not present preoperatively and. it could not be detennined if this
tepr.esj&ftts scar or res,idual disc.
He states .lie was to be on ftill duty but was placed in tfie office from Febaigiy to April 2019.
He states lie wore kis gun belt around tlie waist for two months. This weighed a total of about
40 pounds and-;poked into his legs on the front and exacerbated his low back.
He was temporarily pailially disabled and has coiituiued at this status until the current time.
He .states h? d^'cs not think he is going to bp able to retiirn to woi'k and tiierefore is planning ,to
medically I'ptii-e, In my opinion, it is medically reasonable tliai he cannot return to his full
duties asa California Highway Patrol Officer,
OBJECTIVE EACTQRS SUPPORTING IMPAIRMENT RATING
1. Lumliar spine MRI, July 6, 2015. Congenital spinal canal naxrowing. No significant
deg^eralive disc disease or acquired central canal stenosis. Mild facet artliropathy at
L5-S].
2. Left liinibar epidural steroid injection, August 15, 2016. Diagnosis; Lumbar
' degerieitatiye disc disease; Lumbar radiculitis.
3. He teis tenderness to palpation over the rigbt lateral wtist. He has tenderness to
palpation and decreased range of motion of the lumbar spine. He has pain over the left
lateral, feinoraf cutaneous nei-ve and a positive Tinel's sign.
4, Riglit L4T, L5 medial branch nei-ve blocks, July 25, 2017. Diagnosis: Lumbar facet
ai^thropatiiy. , .
5, Lumbar spine x-rays witliflexion/extensionviews, October 25, 2017. Anterior wedging
of T12 and L1. Disc space nanowing at Tl 1 -12 and T12-LI leVels.
6, Lumbar spine MRI, October 26, 2017. L3-4: Facet and posterior ligamentous
hypeftrophic changes. Broad disc protrusion measuring 2-3mm. Bilateral neural
foriujiinal.. exit zqne compromise. L4^5: Facet and posterior ligamentous hyperti'ophic
changeSi Hypertiophy of die posterior inferior -endplale of L4, Disc proti'usion
measuring \^2mm. Bilateral neural foramina! exit zone compromise with spinal
stenosis. L5-S1; Maiked facet and posterior ligamentous hypertrophic changes.
RE: RIDGE, David
August 1:4,20;i 9
Page i7
Hypertrophic spurring. Disc protrusion measiuing 2-3mm. Moderate bilateral neural
foraminal exit zone compromise.
7. Bilateral lower extremity electrodiagnostic testing, November 7, 2017. Normal study
With.no .e.Vtder|C0 of bilateral radiculopathy or compreiBsion;neuropathy.
Lijiii^r^piip^ iSurgeiy, April 12, 2018, This w«s L.^-|fetrilneSJlpmyifbraminptomy and'
face,tcct0.iTlty, L:5-S1 "bilateral laminectomyi fptarnurptomy and.Tnedlal faceteetomy, and
maiiip.yl8$l¥«) .Wdet anesthesia. Postoperative' piagnosiu: 1^-5 central stenovSis from
ll^aWl^hlioitiS'faftfet hypertrophy witli broad^-bssed dfsC oigteopbyte complex, neurogenic
pBeudodaudicatlonj lower extremity radiculopathy, left greater than right. L5-S1
llid||6Iiat^ to Severe foraminal stenosis, forailiinal nerve compression, radiculopathy,
liganieritous facet hypertrophy, broad-based disc osteophyte complex with lower
extremity radiculopathy, left greater than right. L4, L5, SI congenital spinal stenosis,
L4, L5, SI stenosis, contribution from epidural lipomatosis. L4-5 central stenosis
greater than foraminal stenosis with left synovial facet cyst with disc osteophyte
eomplex. L5-S1 bilateral foraminal greater than central stenosis, • medial facet
hypertcbphy with left greater thanriglitrtetVecompressiofi.
9. Lumbar spine MRI, April 23, 2019. Sui;giGal Interventitm at XS-Si level done siiiee
prior pjtairiiiiation. L3-4: Broad disc protrusion measuring2-3mm again noted. Bilateral
neural fplsiiilnal exit zone compromise Without spinal Stenosis. No significant
psteoaitliHtic changes involving the facet joints. Post administration of intravenous
conttsst with no abnormal increased or docreavsgd enliancoiTiont. L4-5: Disc protrusion
meM»iiri|; l*2mtn again noted, vinchanged when compared to prior examination. No
significant osteoarthritic changes involving the facet joints,- Post administration of
IntrayenOus contiast with no abnormal increased or decreased enhancement. L5-SI:
Left laminectomy perfonned since prior examination. Partial regeneration of lamina.
Soft tissue mass adjacent to the medial aspect of the left facet joint impinging upon the
thecal sac, with finding not present preoperatively and cannot be determined if this
represents scar or residual disc.
1MPAIRM.ENTPER THE AMA GUIDES
Impahment of Mr. Ridge was assessed using the AMA Guides to the Evaluation of Permanent
Ihtpatrmenf, 5'''ed.itioih
Ltmibar Spine 20% WPI (includes 3% for pain):
The patient is rated per Chapter 15, using the Range of Motion Method given his multiple
levels of involvement.
Disorder impaiiment (Table 15-7 On paae 404) 11% WPI:
RE: RiDQE, David
August 14,2019
Page 18
II-E 10% Surgically ti'eated disc lesion
II-F 1% Additional level of in volvement
These are added for 11% whole person impairment. i
Range of Motion (Tables 15-8 and 15-9. pages 407 and 409) 6% WPI;
Plexion 4% '
(:SI^-30d(Sgrees.)
Extension 0%
Ljat^mlBendirlght 1%
Lateral Bend left. 1%
TteP: aip added fbr 6% whole person impairment based on decreased range of motion
impairment.
l>leuroiQgifcl% WPI:
The patient has decreased sensation at S1 of 30% on the left. The value of S1 is 5% per Table
15-,18 on page 424. 30% of 5 is 1,5, rounded to 2% ofthe lower extremity. This converts to
1% whole person impairment. There are no motor deficits. .
Luiiibar Sigine Suitimai:v 17% WPI:
the patient's whole .jp.ersGn impaiiTnents (Disorder, Range of Motloii, ;atid Neurologic) are
.combined per the Combined Values Chart for 17% whole;person;im,paiTment.
Wihan taking>irilo consideration his examinationfindingsand subjective complaints, as. well as
fcOHtipUed dif^jp^ity wifib activities of daily living, it is my opinion tliat the above rating does
..^!Oi:iade^Jtt£lWLJ( reflect the pain experienced by the patient. As such, additional impairment is
indle'atea jler figure 18-1 On page 574 of tlie Guides, "If pain related impaimient appears to
ihCrease the burden of tlie individual's condition slightly, tiie examiner can increase the
percentage fo,und in step 1 by up to 3%." No formal pain assessment or pain related
Impairment is required- R is my opinion that due to the patient's ongoing symptomatology
and impact on activities of daily living, an additional 3% impairment is indicated. Tliis is
added to hi? whole person impainnent for a resulting ?0% whoje person impainnent.
In ray opMioil, this fairly and accurately describes flie impalrhient. There is no additional
impairmeiit per the Almaraz/Guznian decisions,
WORK REST^RICTIQNS/VOCATIONAL DISPLACEMENT 7
((
RE: RIDGE, David
August 14, 20 J 9
Page 19
Mtv Ridge js .precluded fi-om lifting greater than 40 pounds, repetitive bending or stooping,
^e&riirg g,
and ^e&nirg g. .gUii.Pejt.
.gUii.helt. These irestrictions preclude his .return to his usual and customaiy
dutiegas-a-rngBMy Patrol Officer
APPORtlONMENT
The i^^u'e off apportionment has been considered pursuant to SB 899, particulai ly in regard to
Labor Code §4663 and §4664, and in regard to the Escpbedo decision.
Th^re are tio prior workers' compensation injuries to the involved body parts and therefore
there Is no apportionment to Labor Code §4664.
For Labor Code §4663, Mi-. Ridge has no evidence of underiyihg Illness or condition or any
^iGtiivllty reoTeatian.aily tliat may be causally related to.tb;?^ onset of his injuiy or resultant
dlsJjbJlity, ^ildii!iipn.aUy, he has no history of prior injwiiy involving the body parts of this
clai-m; iDpganei-fltive changes were seen on x-rays of die lumbar spine, Mr. Ridge worked for
WiiiwW' isti'ol 'Starting in 1995 at full duties, .iii.oIuc|ii.n.g clearing highways and atresfing
^(IjOmbMve-BiirSji&C^^^ This results in significant trauma to his body oa an orthopedic basis. For
the Inhiij'af spine, as previously noted, whilfc there ai'e degenerative changes identified as well
asriohindustrialfindings such as short, pedicles, his injury faEs under the duty belt
prestunptipUj LC Section 3213.2. Per LC4663(e), Subdivisions (a), (b), and (c) under
LG4663 do not apply to injuries covered by the duty belt presumption. Subdivision (d)
reqiiiresipadents to reveal prior disabilities or impairments. There are no prior impairaients or
dissbflMgS aifeiout the low back. Therefore, 100% of die tumbar spine impairment is
^ppW.6loiiejd -to itidustrial causation. He has two cunrtilaitiv^s periods and, after review of the
records and in consideration of his worsening hack pain, it is my medical opinion
appfoXi jimtpiy SOH of his impainnent is causally related to the injury th
Preview
1 ROB BONTA Attorney General of Califomia 2 KRISTIN M . D A I L Y Supervising Deputy Attomey General 3 JAMES F. CURRAN Deputy Attomey General 4 State Bar No. 142041 13001 Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax:(916)324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, DECLARATION OF JAMES F. CURRAN 15 IN SUPPORT OF DEFENDANT CALIFORNIA HIGHWAY PATROL'S 16 MOTION TO COMPEL SIGNATURE ON AUTHORIZATION FORM AND 17 T H E CALIFORNIA HIGHWAY PATROL; COMPLIANCE WITH SUBPOENA, AND and DOES 1-100, inclusive. FOR SANCTIONS 18 Defendants. Date: September 21, 2022 19 Time: 1:30 p.m. Dept: 53 20 Judge: Hon. Richard K. Sueyoshi Reservation: 2660532 21 Action Filed: September 23, 2019 22 23 I , James F. Curran, am an attomey licensed to practice law in all courts of the State of 24 Califomia. I am a Deputy Attomey General and counsel of record for Defendant Califomia 25 Highway Patrol (CHP) in this case. I have analyzed the pleadings and documents, including 26 Plaintiffs discovery responses, relevant to this lawsuit and have engaged in "meet-and-confer" 27 communications with Plaintiffs counsel, John Briscoe, of Mayall Hurley, PC, concerning the 28 1 Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) 1 issues presented by this motion. Specifically, 1 have reviewed Plaintiff s responses to written 2 discovery, including his response to CHP's Employment Law Form Interrogatories, Set One, in 3 which Plaintiff identified Marriage and Family Therapist Kay Williams as a therapist from whom 4 he received treatment for the emotional injuries Plaintiff has alleged in this action. 1 have also 5 taken two sessions of Plaintiff s deposition. I therefore have personal knowledge of the matters 6 described below, and could competently testify to their tmth if called upon tO do so. 7 1. Attached as Exhibit 1 is a true and correct copy of the August 14, 2019 Report by 8 Agreed Medical Examiner, Beth Bathgate, M.D., who examined Plaintiff David Ridge as part of 9 one of his workers' compensation claims based on injuries Plaintiff allegedly suffered in the 10 course and scope of his employment by CHP. 11 2. Attached as Exhibit 2 is a true and correct copy ofthe transcript of the percipient witness 12 deposition of Matthew Stover. Captain (then-lieutenant) Stover was Plaintiff s "area 13 commander," and second-level supervisor, during Plaintiffs tenure at CHP's Placerville Area 14 Office. 15 3. Plaintiff applied for disability retirement, and CalPERS approved his application, 16 effective January 3, 2019. Attached as Exhibit 3 is a true and correct copy of the Disability 17 Retirement Approval Letter, with redactions, issued by CalPERS to Plaintiff stating the effective 18 date of his retirement was January 3, 2019. Plaintiff testified at his deposition that he requested, in 19 late October 2021, to be reinstated; this request was approved, and Plaintiff is now working as a 20 patrol officer out of CHP's Santa Ana Area Office. While he has not sought a subsequent 21 reasonable accommodation. Plaintiff testified at the first session of his uncompleted deposition 22 that he is utilizing the Back Defender. 23 4. On January 14, 2020, CHP served its Employment Law Form Interrogatories, Set One, 24 on Plaintiff. Attached as Exhibit 4 is a true and correct copy of those form interrogatories. 25 Attached as Exhibit 5 is a true and conect copy of Plaintiff s Responses, served on March 16, 26 2022, to CHP's Employment Law Form Interrogatories, Set One, including the verification form 27 Plaintiff signed on March 11, 2020. In response to Form Intenogatory ("FI") No. 212.2, Plaintiff 28 stated he suffered, as a result of the adverse employment actions giving rise to this case, 2 Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) 1 depression, anxiety and emotional distress. (See Responses, 10:7-18.), In response to Fl No. 2 212.3, Plainfiff stated these emofional injuries were "becoming worse." (Id., at 10:18-25.) In 3 response to Fl No. 212.4, Plaintiff stated he underwent monthly therapy, for injuries he attributes 4 to the adverse employment actions giving rise to this lawsuit, beginning in 2018 from "Dr. Kay 5 Williams" of Cameron Park. (See Responses, 10:26-11:10.) I am informed and believe, based on 6 basic online searches, that Ms. Williams is a maniage and family therapist. ' In response to 7 Interrogatory No. 212.5, Plaintiff stated he is taking Celexa, an antidepressant, and Clonazepam, a 8 benzodiazepine used to treat, among other things, panic disorder, for the injuries he attributes to 9 the adverse employment actions giving rise to this lawsuit. (See Response, 11:16-25.) 10 5. Attached as Exhibit 6 is a true and conect copy of the subpoena 1 issued to Ms. , 11 Williams on March 25, 2022, seeking production of her treatment records on Plaintiff. Plaintiff 12 did not object to or move to quash this subpoena. On April 5, 2022, Ms. Williams sent a fax to 13 the attomey service, a company called "ACE," that our office used to serve the subpoena, in 14 which fax Ms. Williams requested a "release" (authorization for release of records and 15 informafion) from ACE. A tme and correct copy of Ms. Williams's fax is attached as Exhibit 7. 16 Thus, Ms. Williams has refused to release her treatment records on Plaintiff Ridge for inspection 17 and copying unless she is provided with a signed authorization form for the release of these 18 records. 19 6. After ACE notified our office of this request from Ms. Williams, DOJ Paralegal Kurt 20 McCrum sent, on April 7, 2022, an email to Plaintiffs counsel attaching an authorization form 21 for release, by Ms. Williams, of her treatment records on PlaintifT. (See earliest email in string 22 between Mr. McCrum and Mr. Briscoe, a true and conect copy of which email string is attached 23 hereto as Exhibit 8.) A true and correct copy of the authorization form (redacted) that Mr. 24 McCrum attached to his email is attached hereto as Exhibit 9. Mr. McCrum, having received no 25 response, sent follow-up emails to Mr. Briscoe again asking that he sign and retum the 26 ' See, e.g., https://www.medicarelist.com/couples-therapy/ms-kay-marie-williams-lmft- 27 cameron-park-ca/, which lists Ms. Williams' address as 4120 Cameron Park Dr., Suite 302A, : Cameron Park, CA 95682, which is the same address as that provided by Plaintiff Ridge in his 28 response to Int. No. 212.4. 3 . . Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) 1 authorization form on April 13 and May 12, 2022. (See Exh. 8 at pp. 1-2.) On the latter date, Mr. 2 Briscoe, in response to Mr. McCrum's repeated question about whether Plaintiff would sign the 3 authorization form, replied via email: "No, I don't believe he will." (See Exh. 8 at p. 1.) 4 7. 1 then sent Mr. Briscoe a letter on May 27, 2022, in which 1 again requested that Mr. 5 Briscoe sign the authorization form. I attached to this letter a tentative ruling issued by the 6 Sacramento Superior Court setting forth the legal authority that requires plaintiffs who have 7 received treatment for emotional distress injuries to sign authorization forms for release by their 8 treatment-providers of medical records pertinent to the injuries for which those plaintiffs are 9 claiming damages. A tme and correct copy of my letter of May 27, 2022, with attachrnents, is 10 attached hereto as Exhibit 10.) 11 8. Mr. Briscoe then sent me an email on May 31, 2022 at 3:30 p.m., in which he stated that 12 Plaintifr"is willing to stipulate that he is seeking no more than 'garden variety' emotional distress 13 [damages] in this case." Attached as Exhibit 11 is a true and correct copy of that email. On June 14 9, 2022,1 responded to Mr. Briscoe with a letter, a tme and correct copy of which is attached as 15 . Exhibit 12. In this letter, I pointed out to Mr. Briscoe that Plaintiffs willingness to enter into 16 such a stipulation does not resolve the question whether Ms. Williams' treatment records are 17 discoverable. I pointed out that the concept of "garden variety" emotional distress damages 18 arises from Code of Civil Procedure section 2032.320, and that section 2032.320 does not apply 19 to this lawsuit. I again requested that Mr. Briscoe and his client sign, date and retum the 20 authorization form for release of Ms. Williams' records. I informed Mr. Briscoe that CHP 21 remained open to further discussion of additional legal authority and believed the parties could 22 resolve this discovery dispute without court intervention, but it appeared that, unless Plaintiff 23 authorizes disclosure of the records, CHP would be forced to file a motion to compel Plaintiff to 24 authorize their disclosure. 25 9. On June 24, 2022, having not heard anything more from Mr. Briscoe, I sent an email to 26 him to which I attached my letter of June 9, 2022, and the Williams authorization form to be 27 signed by Mr. Briscoe, and again asked him to sign and retum the form. A true and conect copy 28 of this email of June 24, 2022 at 10:46 a.m. is attached hereto as Exhibit 13 (see p. 6.). As of 4 Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) 1 July 6, 2022,1 had not heard anything about the Williams authorization form from Mr. Briscoe, 2 so 1 sent him another follow up email that day at approximately 10:38 a.m. A tme and conect 3 copy of my email of July 6, 2022 at 10:38 a.m. is part of the email chain (see p. 3) attached hereto 4 as Exhibit 13. 5 10. I again followed up with Mr. Briscoe about the Kay Williams authorization form on 6 July 12 and 14, 2022, and informed Mr. Briscoe, in my email on the latter date, that we would file 7 a motion to compel if we did not receive the signed authorization form by July 18, 2022. A true 8 and correct copy of my emails to Mr. Briscoe on July 12 and 14, 2022 are part of the email chain 9 (see p. 1) attached hereto as Exhibit 13 (see pp. 1-3). On July 18, Mr. Briscoe sent me an email at 10 10:26 a.m. in which he stated Plaintiff Ridge remained unwilling to consent to his disclosure of 11 his "psychiatric records," and in which he again took the position that CHP is not entitled to copy 12 and examine Ms. Williams' treatment records because Plaintiff would only seek recovery for 13 "garden variety" emotional distress damages and would not offer expert testimony in support of 14 his claim such damages. A true and correct copy of the email chain between Mr. Briscoe and me 15 containing his email of July 18 at 10:26 a.m., my response of July 18 at 5:32 p.m., my follow-up 16 email of July 20 at 5:21 p.m., and Mr. Briscoe's email of 3:00 p.m. on July 20, 2022, is attached 17 hereto as Exhibit 14. At 5:32 p.m. on July 18,1 responded to Mr. Briscoe and attached another 18 excerpt from this court's tentative mlings in which the court granted a motion to compel a 19 plaintiff to sign an authorization form, in a disability/failure-to-accommodate case, for disclosure 20 of psychological treatment records. (See Exhibit 14 at pp. 2-3.) In my email of July 18 at 5:32 21 p.m., I again pointed out why the "garden variety" offer did not eliminate CHP's right to examine 22 and copy Ms. Williams' records and therefore was of no assistance. (Ibid.) I also informed Mr. 23 Briscoe that CHP would seek sanctions if Plaintiff and his counsel continued to refuse to sign the 24 authorization form. (Ibid.) 1 also asked Mr. Briscoe if Plaintiff would stipulate to a continuance 25 of trial. (Ibid.) I followed up on these topics with an email on July 20, at 2:51 p.m., to Mr. 26 Briscoe. (See Exhibit 14 at pp. 1-2.) At 3:00 p.m., that day, Mr. Briscoe responded to my email 27 and stated Plaintiff still refused to authorize release of Ms. Williams'records. (Ibid.) In the first 28 session of Plainfiff s deposifion, taken on August 12, 2022, Plaintiffs counsel instructed Plaintiff 5 Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) 1 not to answer, and Plaintiff refused to answer, questions conceming all the reasons, both work- 2 related and otherwise, that Plaintiff received treatment from Ms. Williams. Plaintiffs counsel 3 based his instmction on the psychotherapist-patient privilege. 4 11.1 have spent in excess of nine (9) hours preparing this motion, my supporting 5 declaration, and the other documents filed herewith in support.. The Employment and 6 Administrative Mandate Section of the Califomia Attomey General's Office, to which I am 7 assigned, charges its client agencies, including CHP, $220 per hour for legal services. I 8 respectfully submit this is a reasonable and less than customary charge for these services. I 9 anticipate 1 will spend approximately five (5) additional hours reviewing Plaintiff s opposition to 10 this motion, preparing a reply brief, and preparing for and attending the hearing on this motion if 11 one is necessary. Therefore, I anticipate CHP will incur attorney fees of at least $3,080 for the 12 review ofthis motion and Plaintiffs reply papers, for preparation of this opposition, my 13 declaration and proposed order, and for oral argument. 14 I declare under penalty of perjury under the laws of the State of Califomia,that the 15 foregoing is true correct. Executed on August 25, 2022 in Sacramento, California. 16 17 18 19 SA2019106238 36491684.docx 20 21 22 23 24 25 26 27 28 „ Declaration of Curran in Support of Motion to Compel Authorization Form (34-2019-00265393) EXHIBIT 1 Ba.t!iig.{i|fe,.M.B, ( Mail Correi^ilplife^ Orthopedic'Siargery 772 Jahlacha Road, Suite 415 El Cajon, Califomia 92019 Phone (619) 416-9677 Fax (619) 768-2592 E-mai 1: Dr.Bathgate2 019 @gmai 1. com August 14, 2019 Thomas Kurtz, Esquire Novey Law Group 58.00 Stapdfoid Ranph, Suite 610 Rpokiln, Gai-ifoxnia -95765 Aifaf. ClJieti, ClautiS €xaminer State Coitipensatloti Insurance Fund P. 0, ©0X317:1 SuiS:Un.Oi,ty., California 94585-6171 Re: RroOEjDavid DOB: ^ ^ ^ ^ ^ Emp: California Highway Patrol DOl: CT April 21, 2014-Apiil 21, 2015; CT Apiil 22, 2015 - March 6, Claim: DOE: August 14,2019 AGREED MEDICAL EVALUATION Deal-Mr. Kurtz; & Ms. Chen: As requested, David Ridge was seen for an Agreed Medical Re-Evaluatioii in my Sacramento office on Augiiist 14, 2019, regarding his orthopedic injuiy. This report is submitted pursuant to 8 Cal. Code Reg.>;. Section 9T95(b)&(c) as an ML 101-94, Agreed Medical Re-Evalnation. Fifty miautes were sjieiit in.face-to-face time with the patient, two Uoiirs in review of the medical records and tliree hours in preparation of the report. RE: RIDGE, David August 14,2019 p.ago!Z KECAPITULATIQN Mr. Ridge was last evaluated on Febraai-y 6, 2019. The history and his medical records iwcludcd the following. Mr, Ridge first noted low hack pain in about 2007. He also had some numbness in the left leg fie'htM iQ kis w&rk a$ a Highway Patrol Officer, Including wearing a 30-pqmd duty belt and pr0lp}¥g«O months ofpain at the base ofthe right thumb. Employed by Stale of Calljbrnia Highway Patrol. Date, of injuiy listed as April 15, 2015. Medical history of hypertension and sleep apnea. Diagnosis: Chronic right lumbosacral strain with left thigh intermittent paresthesias; Right thumb de Quervain's. •1 . RE; RIDGE, David August 1.4,2019 Page 3 ^ Ergonomic worhtation evaluation, ice/heat modalities, thumb/wrist splint, and physical the^rcip^ recoaun.endcd. Medications provided. Likely a bulged disc aggravated by the dut)> b<, N,o tteed fo:!' MRI. or specialty referral at this time. M(! Was' sjetin by DJ-: Faihsztein on June 3, 20.15. Cliwiiix: to.'w hack pain with left^.sided puresikesias and right ihumb de Quervain's tendhifis, ioda^- asymptomatie. Thumb wrist spiw:t:pravtds^i 4yi!(li^M.ng ergoriomic evaluation. Condnue me4ic,a(iotis and physical therapy. Pr, iFuinM^in iSS.U&^ C supplemental report on June 24., 2015. Telephone message. ^OrsMiiig t:4i lower extremity numbness, now constant. Physical therapy not helping ntimbness. Right thumb intermittent worsening. Continued left lower extremity radiculopathy. MRi order&d. Continue physical therapy, ice md heat. Lumbffr spine MRI was performed on July 6, 2015, and read by John Winn, M.D. Small bony hemangioma within the L2 vertebral body. Congenital spinal canal narrowing within the lower lumkar spine secondary to short pedicles and prominent epidural Jat^ Mild bilateral fg.c& Mtbrgpathy at i>5-rSl. Impression: Congenital spiml cdtwl mrr-awitig. l^o significant degenerative disc disease or acquired cen tral canal-stenosis Mdd facet arthropathy at LS-Sl. On July T5.y 2015^ he was seen h)> Dr. Fainsztein. No findings on MRI to warrant continued trmtrtijeflti S'fifmft'^^Mt and stationaty for the loyv bock and right thumb. Discharged with no 0riitifnenti)n]^Uii'mmt, no disalUlity, and no future me^^ Diagnoses at the time of the previous evaluation were chronic low back pain with mild bilateral facpt arthropathy, chronic left lateral femoral cutaneous nerve irritation and right wrist de Quervain's syndrome. He was noi permanent and .stationary and further treatment was indicated. Mr. Rj4§0 states he has continued to workj'ull time as a California Highway Patrol Ojjlcer. He -dfdi$^t start being treated following the December 3., 2015, Agreed Medical Evalua tion until-July 7, 20.16. He then began .seeing Dr. Yang. Ait epidural injection was done in August of idl 6, He stfit.es this did not help him. Hi? hud afl incfkfise in his right wrist and thumb pain on about August 16, 2016, when he was wrestling a person in custody to the ground. He was seen at the Emergency Room at Marshall Medical Canter. Diagnosis was exacerbation ofde Quervain's tenosynovitis due tp injury. He was advised to iee the injury, wear a thumb spica splint and use medication for pain, Mr. Ridge continued working wilhout re.strictioiis. He states his thumb and wrist pain were incredsedjar some time but then returned lo their baseline level. tiE: RIDGE, David ( Q August 14, 20J 9 Page 4 tie hms been unable to obtain a special external vest carrier for his gun; This was recommended by Dr. Yang. He .states this was denied by the insurance company. He has not yet .teen dH orthopedic surgeon or a neurologist Medical records were received and included the jbllowlng. He was se^n by Michael Yang, M.D., pain management specialist, on July 7, 2016. History of ohmme low bmkf^in for many years. Eaiploy^d, as a highway patrol o^iQer. Hii first saw a dp.m^/if'^. imrhdckpainin 2007. Date of injury listed m iApr$ i t 2Qt5, Jbr low ba related 1:0 wedging. There was a component of congenital stenosis. Dr. Sanden did lumbar spine surgery on April 12, 2018, with decompression at L4-5 and L5- Sl for .stenosis. ' ~ ~ ~~~~~~~~ Mi', Ridgis ^t^tejf that he la.si worked on the date af his s^irgery. He recently was relea.sed by ,Dr. Sandm to sidrt m odified duty, wh ich he has been doing since Jamtar)' 10, 21)19: Meditsal remrds were received and included ihe.following. Me was seenfor jbll.oW-up by Michael Yang, M.D., pdin management specialist, on November ' 22;y. 2M Kand January 23, 2017, Continued right de Quervain's symptoms and low back pain. DiqgiTbsP^:* RdS^Hiop0hy of lumbar region; Lumbar degenerative joint- disease; Lumbar spine degenerative arthritis; Femoral nerve injury; Right wrist injury. No benefit from lumbar epidural steroid injection. Referred for orthopedic evaluations. Chiropractic visits approved. He was seen by Joseph Ambrose, D.C. on February 17, 2017, and a Doctor's Fir.st Report of Occiipatio/ial Injury was completed. Cumulative stress to lower back during law enforcement duties. Currently wilh complaints of low back pain and stiffness and left leg pain and numbne.s.^. Also with right wri.^t pain. Injury date listed as April 21, 2015. Employed by CaUfornia Highway Patrol, Diagnosis: Segmental dysfunclion of thoracic, lumbar, sacral and RE: RIDGE, David (\ ^ c- August 14, 2019 Page 6 pelvic regions; Sprain of ligaments of thoracic spine, lumbar spine, and .sacroiliac; Lower b{ic:k.Strain;: Mii&cle spasm of back. Chiropractic care recommended. On March 17, 2017, he was seen by Gary Martinovsfy, M.D., pain management specialist, on March 17, 201.7. During the cour.se of employment as a police officer jor California Highway Patrol he sustained cumulative trauma injury to his lower back from wearing a 30-pound gm h^lt, fight wrist due to repetitive typing fl/rrf motwe oip/if^^ attributed to the magazine pomh pressed against his leftfemoral n^rvefor 20.ym% Past work-related motor vehicle aGcid^nt in 1997, cumulative stress, and h^eif po.pky. Medical Msto.ry of MQod pres.Wi. l)i&gn.osis: Left meralgiq paresth^ticd; liUinMr jii^etOgenic pain,' Luthbia^go. Authorization requested for plastic .surgery consultation to evaluate Jbr left femoral nerve decibiinpri^.SiQH. Ri^^rred to hand surgeon for right de 'Quervain's release. Referral requested for ohiropmctie physiotherapy for ihe lower back. Me wais se.en by Phy.s.ician"Assistant Leonid Pugach for Dr, Martinqvsl Constant radiating leg pain through the lejl buttock into the left thigh with numbness/tingling. ,H& ms }iiim by NP Sanden for Dr. Sanden on October 23, 2018. Nearly resolved left, foot/dnkie i/veahiiess, no longer with foot drag. Continue ongoing care and treatment. Hje -Vim ?:ft!2h by .Nip Sanden for Dr. Sanden on December 4, 2018. She months status post lutn'bdf sptpe surgeiy with intermittent lower back pain and pain into the lejl buttock and thigh Physical theiWy helped wilh strengthening. Proceed with scheduled QME on February 9. F'bllow-up in four viieelcs. INTERVAL HtSTQRY SitieQ IsSt ^vailitta.tion, Mr. Ridge has been followed by\his spine aufgep.n, Dr. Sanden, Dr. Islksdi 'and Dr. Ambrpse. Mr. JSdge. States tliat his lawyer filed a uerw curriwlative tiaurna case firom April 22, 2015, to Ma5t!0b6, 2Qa9.( for the low back. He states that he had been off work from April 12,2018, the '^fmfe of biB Iflw .b«i<5k surgeiy, until January 10, 2019. He was released to modified work, Which he started on January 10, 2019. He did have to wear a gun beU in tiie office for a few mooths around lljis time, from about Febmary to April 2019. Dr. Nkadi gave him a restriction of not using a gun belt in about April 2019. He has continued to do office work since that time. He contiiivied with low back pain, and in March 2019 went to a chiropractor. Dr. Ambrose, andMs fatnily practice'doctor. He had a new MRI done. Mr. Ridge slates that he was released to fiill duly for a few months in 2019 but he did not return to 'WCttk at patrol, but worked in an office. ISe has beeii depressed related to his injuries. Medical records were received and included the following. He was seen for follow-up by Nurse Practitioner Theresa Sanden for Roderick Sanden, M.D., neurosurgeon, oi) Januaiy 9, 2019. Status post lumbar spine surgeiy performed in April 2018 with pain and nurrtbness/tingling radiating into the left buttock and thigh to above the left knee. Pain in the right buttock began yesterday while walking upstairs. Resolved left foot/anltle weakness, Assessment: Status post L4-5 and L5-S1 laminectomy/diskectomy; Mild kypliotic defoimity fi-om collapse wedging Tll-T12''Lli Body mass hidex of .43; Left thigh meralgia paresthetica; Component of congenital stenosis; Riglit wrist de Quervain's. MRI RE: RJDGE, David August 14, 2Q;1:9. Pkge 10 recommended due to new pain/symptoms on the right. QME scheduled for February 2019. Recheck on FebAi.ary 12, 2019. Released to full work duties without restrictions, Ue was seen by NP Sanden for Dr. Sanden on March 18, 2019. Pain radiating from right buttockarottfid right hip region and into right groin. Acliing, slkoting pain and numbness into left buttock andithlgh. Assessment: Status post L4-5 and LS'^SI lamlneetQmy/diskeetomy witli preyjoMS dpcurdenleel 80 pfcrcent improvement In 'ti'KM. low badk anti 60 percent Impjiovejuent-pf left leg pain; Recent five day fla.re up of right back/bviitQck, hip and groin ,p,a.i{i, -syWcli he lJoli?y.ed is a new industrial ujjury; lyijld k>^h,otiQ deformity ftom collapse WM^:fij|"^i;l'-iri^''Li contributing .to upper thoraeoiDm1>ai' &Xi£|[l low^r back pain; Body riiass index of 41; Lefl thigh meralgia paresthetica, now possibly bilateral in nature; Nonindustrial r i j i t ^Hip # b ^|th negative riglit hip x-rays taken by nonindustrial primaiy care provider; Qngolng ipreexisting component of congenital stenosis; Right wrist de Quervain's. Autliorization requested for physical therapy and lumbar spine MRI. Consider right hernia evaluation and right hip MRI. Likely permanent and stationary if lumbar spine MRI findings arei normal. Lumbar Spihis MRI. was performed on April 23, .2019, fttid Head by Lairy Chespak, M.D. (^043i)[l!!atl#p.^©^tpber 26, 2017. Findings/Impressioh.: ^vu-gt6al inteirvention at L5-S1 level done Eiinee. prior examination. L3-4: Broad disc prOtmsion measuring 2r3mm again noted. BBaferql nemtil foraminal exit zone compromise without spinal stenosis. No significant OSteoarthrltic ch^igeS involving die facet joints. Post adnctiaistra^tion of intravenous Contrast wlth:no ateoimal increaisied or decreased enhancement. L4-5: Disc protrusion measuring 1- ' M M .f^gaJh .wdted, gnchanged when compai'ed to prior examination. No significant Osteb&i'tbrllJic Changes involving the facet jouits. Post adriVinistratlon. of intravenous contrast with no abnormal increased or decreased enhancement. L5-S1: Left laminectomy performed since prior examination. Partial regeneration of lamina. Soft tissue mass adjacent to the medial aspect ofthe left facet joint impinging upon the thecal sac, with finding not present preopiJratively and cannot be determined i f this represents scar or residual disc. Post administration of intiuvenous contrast witli no abnoraial increased or decreased enhancement, ile waS:,Sq6n 'h^ Paul Nkadi, M.D., physiatiist, on May 23;, 2Q;19, and a Doctbr^s First Report of'OeouijaitiGnal Injiury was completed. Employed as an offtcer for California Highway Patrol fbf Ihe p,m 2.4 yettrs. No specific date of injijii'y. Cumulative trauma from wearing a 30-35 pound gim belt eigjit hours a day. Date of injury listed as April 21. 2015. Industrial-related injury. Di.agnosi^: Chronic lumbar radiculopathy; Memlgia paresthetica; Trochanteric biusitis of IiOtli hips; Qsteoarthiitis of carpometacarpal joint of Uiumb; Status post lumbar laniin&ClDiTiy. Proceed with scheduled TENS unit trial as well as chiropractic therapy for previous injury. Bilateral iliotibial band stretching in physical therapy recommended. RE: RIDGE, David August 14, 2019 Page 11 On May 2'8, 2019, he was seen by Niu'se Practitioner Aminah Al-Saeedi for Dr. Nkadi. Constant back pain. Sleep disturbed by pain. TENS unit dispensed. Pending approval of aoupimcture and chiropractic therapy. Dr. .Nkadi saw him on June 19, 2019. Worsening back pain due to duty belt. Physical therapy • Hoheduled; to begin next month. Continue TENS unit. Work clarification requested; Recomm9nd no wearing duty belt, may wear outerrvest caiTier and duty belt suspension C U M ^ ^ y TREATMENT 110 is fo.llowed by Dr. Nkadi. He gets chiropractic treatment and physical tlierapy once a week. He uses a TENS unit. MEDICATIONS He takes no inedications for his injury. For unrelated reasons, he lakes clonazepam, Pfopraholol, lisihopril and citaldpram. CURRENT-COMPLAINTS .lip has con§ta«t;l6w iback pain with numbness .and tiiTgliitrg iri the left leg. His pain Is worse with •sitting and goingfl'oma sitting to a standing position. He has pain in the back, of tlie right leg to ib.6taee.,Pie. ean't wear a gun belt without pain a.s ii;.!p0l«es into him when he is sitting in e •pati'isl Sajt!. He lias, complaints of pain in the butfoClts.and hipis. His. pain U shacp., throbbing, shooUng, stabbing, aching and burning and moderate. He S,ta;tes his pain is worse than it was before surgery. It also increased when he returned to work.TIe cannot do hikmg or walking for exercise. Uiit fight tiiurab pain is constant. He has an aching. This has not changed since the last evaluation. JQBHIST;QRY At tha tiin'& of.hit injury, Mr. Ridge worked Jbr the Califbtnia Highway Fdtrol as an officer. He. started worktng there In October 1995. He did all the duties ofa Highway Patrol Officer, Including Qlearitig the highways and arresting .suspects. He initially drove a patrol car. RE: RIDCJEv .David (f Attgust 14, .203'9 Page 12 For the last three years, he has been an officer a.ssigited to a small Jield office in Placerville. He states h^ kas lots of different duties. He does clei'ical work, handles reports, does data entry. He does some patrol work as well. As a Highway Patrol Officer, he is required to be able to Itfl over 100 pounds, sit, walk, walk on uneven ground, climb and reach overhead. Cmffl^ INJjURJES He has.badhO. iiew injtiries since the last evaluation. He h&ii ^ Bdlpr vehicle accident related to work when there was a patrol car collision in 19.9:8. He 'had no injuries or settlements related to this. He had a cardiac workers' compensation case in 2007, which was settled. He had a stress claim in 2010, which was settled. L He Jlqs .kdd no other work-related injuries, no persoiidl injuries and no motor vehicle aecidents-wiih injuries. GENBRAL-MiEDICAL HISTORY He tea a JteaXt condition and high blood pressure. He states he is currently being evaluated j!eg.arditig ^ii .^sSMtinl tremor and Parkinson's is being considered. Prior surgeries include tonsilleCtonay in 2007. He has had no other hospitalizations. REVIEW OF MEDICAL RECORDS 1. Subpoenaed records, from Advanced Neurospuial Care, NMCI Medical Clinic ' %. Rode'ripk.Sanden, M.D./Theresa Sanden, NP: 01/09/19- 03/18/19 3v U:l¥yCh.eSj5akfM.p.; 04/23/19 4. Jog,eph Awihrose, D.C: 05/08/19 - 05/29/19 (3 visits; Mid and low back pain, left: lower • exETfeiiiity ii'uiftbiieBs/tingling) 5. PaislNkadi, M.D./Ainiuah Al-Saeedi, ANP-C: 05/23/19 - 05/19/19 RE: RIDGE, David Augu.st 14,2019 Page 13 PH¥:SICAL B3!(AmATI.QN The eXiinthiee is. an alert, cooperative, right'-hahded, 48-year-old male, who appeared Gomfontable dttring the examination. In preparation for perfbrming the examination of Mr, Rldg&i.afidfe.accordahcewith die AMA Guides to the Evaluation of Pennanent hnpairment. 5"' Edillonj he Avas,provided a "warm-up" period such that he was observed peiformingrangeof i3ii.(?.tiioit a,?tiy|t{fs Tabput his spine and extremities. In Edition, spinal examinations were pejformed utilizing the single or dual inclinometer where appropriate and extremity examinations were perfonned using the goniometer or inclinometer, Heigliit: 5'1.0" Weight: 310 lbs. EXAMINATION OF TIIE BACK Gi?jigral Examijiatipn Aligtjnjent of thia examinee's spuie and lower extrorriiiies Is normal with no scoliosis or loi'do^is. The exfitnihee hasa nomial gait aiid is able to,walk ontoes and heels. A well-healed.iJcar is .present over the low back. TliefeJs tenderness and muscle guarding over the low back and paraspinal muscles diffusely, • t' Raoge Of motion of the back is as follows. An inclinometer was used and the highest of three measurements is i^ecorded. Measured Normal ROM in degrees (3 times) in decrees Flexion 40° 60° CE- 5tOP Ex^ehsioli 25° 25° Lateral bending, right 20° 25° Lateral bending, left 20" 25° Musplfe Stifength.and Range of Motion Eaioige of rription and muscle testing ofthe extensor, flexoi, invertor and eveitor muscles of the liipi knee, ariklCj subtalar and gieat toe joints.are normal bilatecally. There is no tendewiess over the Iliac crests. RE: RIDGE, David August M, 20T9 Page "14 Neurological Testing Strai^lt leg.taising, seated and supine and cross, is nonnal bilaterally. :,Deep-f©ftdon reflexes, both patellar and Achilles, arevnonnaT and, equal bilaterally, SenSStiojtj ito pj.Hpriek is intact in both lower extremities, except decreased over the left lateral thi#.I*i % 3 i ^i?trMtiot) to 70% of OTedibilitiV "Tesiting Diffuse Tenderness Appropriate Nongnatomic Nem Dysfunction Appropriate Histrionic Movements Appropriate jersensitivity Appropriate DIAGNOSIS 1. Chronic low back pain status post surgery for decom|)ression at L4-5 and L5-S1. 2, Chrpiaio left lateral femoral cutaneous nerve irritation, resolved. 3:. Right wrist strain with caipometacairpal aithritiS; There is no change to my opinion with regard to causation. This is included here for completeness. In my opinion, it is medically rea.sonable that Mr. Ridge had a cumulative trauma injuiy involving the back and lejl leg related to his work as a California Highway Patrol Officer With a r^porfod date of April 21, 2015. He noted that lie had back pain over the years, .starfliig in tO07. This was related to sitting in d patrol ear, wearing a duly belt and al\o stopping combative suspects. This gradually increased with time and was reported on April a. ms. The cover letter lionq Amy W. Chen, Senior Claims Representative, indicated that a new \n)\ity to the low back was alleged with a cumulative traiuna from April 22, 2015, Onough March 6, 2019. She indicated tliat claim was denied based on Dr. Sanden's March 18, 2019, report that stated that there was "no new low back cumulative trauma through March 6, 2019." KB: RIDGE, David . August 1.4,2019 16 15 Based on the available records, in my opinion, there has been a new cumulative trauma sustained relative to Mr. Ridge's back. While it is noted he was assigned to a small office in Placerville for the last thiee years where he did primarily office work, he did occasionally do patrol as well and he was required to weai- a duty belt. He was receiving U-eatment for his ifijtiry during tliis time. On August 5,2016, he was seen by Dr. Yang, Dr, Yang indicated that •'Work comp will not approve the special vest: temporaiy certification to return to work ushig a normal gum belt'" The patient described increasing:p^jn as a res.i|lt, Mr. Rld.gi? .Indicated hq eofitinued to work fidl time a Califpripift highway patrol officer mitil bis Ujfnbflt: spine surgery on April 12,2018. There was ci rMord indicating he was seen in the. Marshall Emeiigeacy Room on August 16,2016, after he Md dncreased pain in his right wrist tfjid^thlJiliilb ^VM^^^ a person in custody CO the :grouhd. This was discussed in the prior •repoii's and ,tli& .right wrist and thumb are not being readdi'essed as tliey were previously oon^i.iered to lij^ye reached maximum medical improvement. This information is Just given to support that he was working full time as a highway patrol officer when this incident occurred. h is noted that from April 12, 2018 tlumigh January 10, 2019, he was off work on temporary total disability following his lumbar spine surgery. He then did modified work and was feqyired t^ wear a gUn belt for two months. In my medical opinion, there has been a new euraulativetrauma. Injury sustained to his lumbar spine as claimed. • Mr, Kt?lje cohiplaijied of depression related to his injury and not being able to continue as a Califoruia Highway Patrol Officer. Evaluation for this should be allowed for AQE/COE by a psyohploglst or psychiatrist. DiSCUSglON/OlSABILrrY STATUS He was declared to have reached maximum medical improvement for the right upper extremity and low back at the time ofthe February 6. 2019 evaluation. The right wrist has been stable and will not be readdressed. iSihCethe last evaluation, Mr. Ridge has seen Dr. Saiiden and also Dr. Nkadi, He is currendy leeelving Ghiropractic treatment and physical therapy. He lias not returned to his ftill duties^ M.f. Ridgfe states tliat he does not think that he will he fiblc tp rettim to full duty dxie to the heavy Job requirements of his position as a Califomia Highway Patrol Officer. Mr. Ridge receiived conservative treatment following the December 2016 evaluation.. He had medial broaclj blocks done in July 2017 and a fur.ther MRI of the lumbar spine. He was j?efdrFgd .tp. a .iieUirOSiirgeon, Dr. Sanden, on October 4, 2017. Dr. Sanden recommended surgeryy which was done on April 12, 2018, with decompression for central stenosis and foraminal clianges at L4-5 and L5-S1, Following surgery he has received physical therapy. RE: RIDGE, David August 14, 2019 c Page 16 Mr, Ridge was temporaiily totally disabled from Ajiril 12, 2018, at the time of his surgery, •untiT.Jbnuaiy fO, 2019. He then worked at modijied duty fi-oni January 10, 2019. He states he did w^af i gtap belt while doing office work. This e^tacecbatpd his hack pain. He went to a GhirpjSiiaetor aitd.'hls own doctors for treatment. He hadttnew MRI which showed a soft tissue .i.i'i"a$S #jMMit ;td the hiedial aspect of the left fad,et joint iiaj)ltiging upon the diecal sac. It was stated that this finding not present preoperatively and. it could not be detennined if this tepr.esj&ftts scar or res,idual disc. He states .lie was to be on ftill duty but was placed in tfie office from Febaigiy to April 2019. He states lie wore kis gun belt around tlie waist for two months. This weighed a total of about 40 pounds and-;poked into his legs on the front and exacerbated his low back. He was temporarily pailially disabled and has coiituiued at this status until the current time. He .states h? d^'cs not think he is going to bp able to retiirn to woi'k and tiierefore is planning ,to medically I'ptii-e, In my opinion, it is medically reasonable tliai he cannot return to his full duties asa California Highway Patrol Officer, OBJECTIVE EACTQRS SUPPORTING IMPAIRMENT RATING 1. Lumliar spine MRI, July 6, 2015. Congenital spinal canal naxrowing. No significant deg^eralive disc disease or acquired central canal stenosis. Mild facet artliropathy at L5-S]. 2. Left liinibar epidural steroid injection, August 15, 2016. Diagnosis; Lumbar ' degerieitatiye disc disease; Lumbar radiculitis. 3. He teis tenderness to palpation over the rigbt lateral wtist. He has tenderness to palpation and decreased range of motion of the lumbar spine. He has pain over the left lateral, feinoraf cutaneous nei-ve and a positive Tinel's sign. 4, Riglit L4T, L5 medial branch nei-ve blocks, July 25, 2017. Diagnosis: Lumbar facet ai^thropatiiy. , . 5, Lumbar spine x-rays witliflexion/extensionviews, October 25, 2017. Anterior wedging of T12 and L1. Disc space nanowing at Tl 1 -12 and T12-LI leVels. 6, Lumbar spine MRI, October 26, 2017. L3-4: Facet and posterior ligamentous hypeftrophic changes. Broad disc protrusion measuring 2-3mm. Bilateral neural foriujiinal.. exit zqne compromise. L4^5: Facet and posterior ligamentous hyperti'ophic changeSi Hypertiophy of die posterior inferior -endplale of L4, Disc proti'usion measuring \^2mm. Bilateral neural foramina! exit zone compromise with spinal stenosis. L5-S1; Maiked facet and posterior ligamentous hypertrophic changes. RE: RIDGE, David August 1:4,20;i 9 Page i7 Hypertrophic spurring. Disc protrusion measiuing 2-3mm. Moderate bilateral neural foraminal exit zone compromise. 7. Bilateral lower extremity electrodiagnostic testing, November 7, 2017. Normal study With.no .e.Vtder|C0 of bilateral radiculopathy or compreiBsion;neuropathy. Lijiii^r^piip^ iSurgeiy, April 12, 2018, This w«s L.^-|fetrilneSJlpmyifbraminptomy and' face,tcct0.iTlty, L:5-S1 "bilateral laminectomyi fptarnurptomy and.Tnedlal faceteetomy, and maiiip.yl8$l¥«) .Wdet anesthesia. Postoperative' piagnosiu: 1^-5 central stenovSis from ll^aWl^hlioitiS'faftfet hypertrophy witli broad^-bssed dfsC oigteopbyte complex, neurogenic pBeudodaudicatlonj lower extremity radiculopathy, left greater than right. L5-S1 llid||6Iiat^ to Severe foraminal stenosis, forailiinal nerve compression, radiculopathy, liganieritous facet hypertrophy, broad-based disc osteophyte complex with lower extremity radiculopathy, left greater than right. L4, L5, SI congenital spinal stenosis, L4, L5, SI stenosis, contribution from epidural lipomatosis. L4-5 central stenosis greater than foraminal stenosis with left synovial facet cyst with disc osteophyte eomplex. L5-S1 bilateral foraminal greater than central stenosis, • medial facet hypertcbphy with left greater thanriglitrtetVecompressiofi. 9. Lumbar spine MRI, April 23, 2019. Sui;giGal Interventitm at XS-Si level done siiiee prior pjtairiiiiation. L3-4: Broad disc protrusion measuring2-3mm again noted. Bilateral neural fplsiiilnal exit zone compromise Without spinal Stenosis. No significant psteoaitliHtic changes involving the facet joints. Post administration of intravenous conttsst with no abnormal increased or docreavsgd enliancoiTiont. L4-5: Disc protrusion meM»iiri|; l*2mtn again noted, vinchanged when compared to prior examination. No significant osteoarthritic changes involving the facet joints,- Post administration of IntrayenOus contiast with no abnormal increased or decreased enhancement. L5-SI: Left laminectomy perfonned since prior examination. Partial regeneration of lamina. Soft tissue mass adjacent to the medial aspect of the left facet joint impinging upon the thecal sac, with finding not present preoperatively and cannot be determined if this represents scar or residual disc. 1MPAIRM.ENTPER THE AMA GUIDES Impahment of Mr. Ridge was assessed using the AMA Guides to the Evaluation of Permanent Ihtpatrmenf, 5'''ed.itioih Ltmibar Spine 20% WPI (includes 3% for pain): The patient is rated per Chapter 15, using the Range of Motion Method given his multiple levels of involvement. Disorder impaiiment (Table 15-7 On paae 404) 11% WPI: RE: RiDQE, David August 14,2019 Page 18 II-E 10% Surgically ti'eated disc lesion II-F 1% Additional level of in volvement These are added for 11% whole person impairment. i Range of Motion (Tables 15-8 and 15-9. pages 407 and 409) 6% WPI; Plexion 4% ' (:SI^-30d(Sgrees.) Extension 0% Ljat^mlBendirlght 1% Lateral Bend left. 1% TteP: aip added fbr 6% whole person impairment based on decreased range of motion impairment. l>leuroiQgifcl% WPI: The patient has decreased sensation at S1 of 30% on the left. The value of S1 is 5% per Table 15-,18 on page 424. 30% of 5 is 1,5, rounded to 2% ofthe lower extremity. This converts to 1% whole person impairment. There are no motor deficits. . Luiiibar Sigine Suitimai:v 17% WPI: the patient's whole .jp.ersGn impaiiTnents (Disorder, Range of Motloii, ;atid Neurologic) are .combined per the Combined Values Chart for 17% whole;person;im,paiTment. Wihan taking>irilo consideration his examinationfindingsand subjective complaints, as. well as fcOHtipUed dif^jp^ity wifib activities of daily living, it is my opinion tliat the above rating does ..^!Oi:iade^Jtt£lWLJ( reflect the pain experienced by the patient. As such, additional impairment is indle'atea jler figure 18-1 On page 574 of tlie Guides, "If pain related impaimient appears to ihCrease the burden of tlie individual's condition slightly, tiie examiner can increase the percentage fo,und in step 1 by up to 3%." No formal pain assessment or pain related Impairment is required- R is my opinion that due to the patient's ongoing symptomatology and impact on activities of daily living, an additional 3% impairment is indicated. Tliis is added to hi? whole person impainnent for a resulting ?0% whoje person impainnent. In ray opMioil, this fairly and accurately describes flie impalrhient. There is no additional impairmeiit per the Almaraz/Guznian decisions, WORK REST^RICTIQNS/VOCATIONAL DISPLACEMENT 7 (( RE: RIDGE, David August 14, 20 J 9 Page 19 Mtv Ridge js .precluded fi-om lifting greater than 40 pounds, repetitive bending or stooping, ^e&riirg g, and ^e&nirg g. .gUii.Pejt. .gUii.helt. These irestrictions preclude his .return to his usual and customaiy dutiegas-a-rngBMy Patrol Officer APPORtlONMENT The i^^u'e off apportionment has been considered pursuant to SB 899, particulai ly in regard to Labor Code §4663 and §4664, and in regard to the Escpbedo decision. Th^re are tio prior workers' compensation injuries to the involved body parts and therefore there Is no apportionment to Labor Code §4664. For Labor Code §4663, Mi-. Ridge has no evidence of underiyihg Illness or condition or any ^iGtiivllty reoTeatian.aily tliat may be causally related to.tb;?^ onset of his injuiy or resultant dlsJjbJlity, ^ildii!iipn.aUy, he has no history of prior injwiiy involving the body parts of this clai-m; iDpganei-fltive changes were seen on x-rays of die lumbar spine, Mr. Ridge worked for WiiiwW' isti'ol 'Starting in 1995 at full duties, .iii.oIuc|ii.n.g clearing highways and atresfing ^(IjOmbMve-BiirSji&C^^^ This results in significant trauma to his body oa an orthopedic basis. For the Inhiij'af spine, as previously noted, whilfc there ai'e degenerative changes identified as well asriohindustrialfindings such as short, pedicles, his injury faEs under the duty belt prestunptipUj LC Section 3213.2. Per LC4663(e), Subdivisions (a), (b), and (c) under LG4663 do not apply to injuries covered by the duty belt presumption. Subdivision (d) reqiiiresipadents to reveal prior disabilities or impairments. There are no prior impairaients or dissbflMgS aifeiout the low back. Therefore, 100% of die tumbar spine impairment is ^ppW.6loiiejd -to itidustrial causation. He has two cunrtilaitiv^s periods and, after review of the records and in consideration of his worsening hack pain, it is my medical opinion appfoXi jimtpiy SOH of his impainnent is causally related to the injury th