Barbara Clark 785 Tucker Road, Suite G Tehachapi, CA 93561
INFO@BARBCLARK.ORG
July 15, 2008
Dr. James L. Strait, M.D. (A.M.E.)
235 West Pueblo Street Santa Barbara, CA 93105
REF: Confusion over purported exam time of “August 12, 2008 at August 12, 2008” ordered by WCALJ Robert K. Norton.
Dear Sir,
I am awaiting clarification about a confusing and ambiguous discovery order issued by WCALJ Norton concerning a purported examination on “August 12, 2008 at August 12, 2008”. I have no knowledge of the practical legal effects of the ambiguous order and I await a discovery order to be re-issued with clear language as to the date and time of this purported exam. I wish to fully cooperate with an legitimate and properly noticed exam schedule.
Meanwhile, I take note that on October 5, 2004 you participated in a deposition with Mr. Hershewe. In that deposition you made comments concerning your superficial observations of my conduct on that film; commonly called the sub rosa video.
As clearly described in the November 10, 2005 Panel QME Report, Dr. Robert E. Reed, D.D.S., points out that the sporadic filming of the sub rosa video overlaps with the periods I received epidural steroid injection (ESI) therapy. In other words, according to Dr. Reed the sub rosa video you viewed on October 5, 2004 with Mr. Hershewe represents film of my behavior while I am under ESI therapy.
I call your attention to the following remarks made in this deposition; see page 38:
Q: (Hershewe) (line 10) Now doctor anything in these video films that would indicate that the applicant needed any formal treatment for her neck?
A: (Strait) Well, I did not see any pain behavior or any evidence of such in the video.
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Q: (Hershewe) (line 17) And would you agree that there is nothing to suggest on these video films that she would have needed a cervical discogram or epidural steroids?
A: (Strait) I didn’t see anything on the video to indicate that.
A: (Strait) (line 1, page 40) I would see no reason for her to undergo epidural steroid injections (ESI).
In view of the above remarks I wonder if a recent video of me would suffice for your medical exam when it is properly scheduled and I am properly noticed by the WCALJ (Norton). While we await clarification from WCALJ Norton, a video clip of me might provide illumination into your upcoming diagnosis.
By the way, I take note that Mr. Dennis J. Hershewe, sent the above deposition remarks to my Primary Treating Physician (“PTP”) Allen I. Salick on 4/4/2006 to “object” to PTP Salick’s recommendation for my spinal surgery. Apparently, Mr. Hershwe proffered your deposition remarks of the sub rosa ESI therapy video as a legitimate second spinal surgery opinion that would persuade Dr. Salick to change his recommendation. Interestingly, Carol Pope, claims adjuster, offered an ESI in “lieu of surgery” via letter of 6/27/2006, in open defiance to your suggestion that the applicant needed no pain management therapy (no ESI).
Additionally, I plan to have two video cameras available to photograph your physical examination techniques, once the examination time and date are verified by WCALJ Norton.
Sincerely,
Barbara Clark
Judge Robert K. Norton
Workers’ Compensation Appeals Board (WCAB)
1800 30th Street, Room 100
Bakersfield, California 93301-1929
Dr. Gil Tepper, M.D, QME, FACS
Orthopedic Surgeon
Valley Spine Center
4849 Van Nuys Blvd. Suite 217
Sherman Oaks, California 91403
Dr. Arthur M. Park, M.D.
9508 Stockdale Hwy # 110 Bakersfield, CA 93311
Dennis J. Hershewe, esq.
“a professional corporation”
21835 Nordhoff Street
Chatsworth, California 91311
Legal Unit – Ethics Committee
Department of Industrial Relations
P.O. Box 420603
San Francisco, CA 94142-0603
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