August 3, 2021
Perry Mason, J.D.
Mason & Associates Attorneys at Law, P.C.
1107 E. 17th Street 12th Floor
Denver, CO 80202
Re: Thomas Edison
Dear Mr. Mason,
At your request I am offering my opinions and comments regarding the Independent Medical Exam (IME) report dated May 13, 2021 written by Samuel Morse, M.D. concerning the Independent Medical Exam he performed on May 7, 2021. As you know, I attended the IME performed by Dr. Morse concerning your client Thomas Edison. I interviewed Mr. Edison on March 6, 2021 by Zoom meeting. In addition I observed the IME done by Nikola Tesla, D.O. on March 11, 2021. As well, I have reviewed the medical records you provided concerning Mr. Edison’s February 18, 2018 work-related injury.
Based on my review of the medical record, my interview with your client, my observation of the history and physical exam done by Dr. Tesla, the psychiatric exam done by Dr. Morse and my review of the pertinent medical literature, I will comment on Dr. Morse’s conclusions and diagnoses.
I disagree with Dr. Morse’s conclusions and findings. I will outline my conclusions and opinions below.
First, it is my opinion and it appears it is the consensus of Mr. Edison’s treating and evaluating doctors that Mr. Edison has Complex Regional Pain Syndrome (CRPS) as a direct result of injuries sustained in his February 18, 2018 work-related injury, confirmed with objective evidence from testing.
It is my opinion to a reasonable degree of medical probability that Mr. Edison presented in a completely appropriate and cooperative fashion throughout Dr. Morse’s IME. Mr. Edison did not show any evidence of depression, manic/hypomanic behavior or present with any other obvious psychiatric diagnosis or problems. Given Mr. Edison complained 1 of being in considerable pain, it is my further opinion he did his best to answer all of Dr. Morse’s questions to the best of his ability. Mr. Edison showed no evidence of any exaggerated pain behaviors. He did not present as evasive or inappropriate in answering any of Dr. Morse’s questions.
I strongly disagree with Dr. Morse’s characterization of Mr. Edison as “inappropriate and easily agitated. His mood was angry and hostile. He was upset to have to go through this whole process.” If one actually listens to the audio recording of the IME, it is absolutely clear Mr. Edison was not “inappropriate” or “easily agitated.” Mr. Edison’s demeanor, if one listens to the audio recording, is even, measured, appropriate to the situation and what one would expect of an individual engaged in normal communication. I did not observe inappropriate behavior or evidence of any inappropriate communication from Mr. Edison and I doubt an impartial listener of the audio recording would find Mr. Edison to be inappropriate or agitated. Mr. Edison never stated he was upset at having to be party to the IME. His language was not hostile nor was his speech level elevated, pressured or agitated.
Dr. Morse goes on to report “He complained about being in pain and drew attention to his pain behaviors by sitting, standing and grimacing.” It is true Mr. Edison did stand from time to time during the IME. In fact at the onset of the exam, Mr. Edison asked Dr. Morse if it was permissible for him to stand due to pain and Dr. Morse voiced he had no objection. Mr. Edison did not “grimace” or exhibit any other kind of behavior suggestive of exaggerated or manipulative pain behaviors. At one point in the IME Mr. Edison became visibly upset as he talked about his CRPS symptoms and specifically about being in chronic pain. He then apologized for what I took to be a very minimal emotional display of frustration. I would refer you specifically to this example in the audio recording of the IME and defy any individual, especially a trained psychiatrist, to characterize this exchange as drawing attention to “pain behaviors.” It is my opinion this characterization by Dr. Morse is incorrect and an example of inaccurate reporting or examiner bias.
In the Mental Status section of his report Dr. Morse states “His speech had a rapid pace. His pattern of speech was at times disorganized.” I strongly disagree with Dr. Morse’s findings and again refer any objective medical professional listener to the audio recording. Mr. Edison’s speech on the recording and as I observed in person was not “rapid” nor was Mr. Edison’s speech “disorganized.”
I walked out to the parking lot with Mr. Edison after the IME. During our exit from Dr. Morse’s second floor office to the office parking lot we did not speak. Without any comment from me, Mr. Edison asked me why Dr. Morse was so hostile to him during the exam.
At your request I can provide a supplemental report specifically discussing Dr. Morse’s assessments and recommendations, however it is my opinion to a reasonable degree of medical probability all of Dr. Morse’s medical opinions and conclusions about Mr. Edison should be disregarded due to his clear bias and incorrect and inaccurate reporting. I don’t presume to know or understand why Dr. Morse exhibited these biases in this particular IME. I agree with Mr. Edison that Dr. Morse was hostile to him during the IME and for these reasons it is my opinion to a reasonable degree of medical probability Dr. Morse’s IME report should be disregarded in the overall evaluation of Mr. Morse’s work-related injuries and subsequent Complex Regional Pain Syndrome.
Sincerely,
Dr. John Doe
XYZ Consulting