On September 30, 2005, Ms. Asare did not appear for her regularly scheduled physical therapy appointment. She left a message that she was too much pain to continue “in with all of the lifting” involved in the current physical therapy prescription. She stated that, “I will not hurt myself further,” and would not continue the regimen until she received the results of the second MRI and determined what was wrong. Ms. Asare never completed the physical therapy at Morton Hospital. (See Finding of Fact 10; Exhibit 12.) Ms. sought massage therapy on her own. The massage therapist recommended chiropractic care. (Exhibit 15; Testimony of Asare.) On October 7, 2005, Ms. Asare underwent the second MRI study, which showed that she had minimal lumbar spondylosis without focal disc extrusion central stenosis or foraminal narrowing. (Exhibit 14.) Dr. Monteiro last saw Ms. on October 14, 2005 when she requested an evaluation for a return to work. Dr. Monteiro advised that Dr. Eneyni should complete the forms since Ms. Asare had remained out of work based on his advice. (Exhibit 13; Testimony of Asare.) Ms. Asare saw Dr. Eneyni on October 20, 2005, January 5, 2006 and April 6, 2006. On April 6, 2006, Dr. Eneyni noted that Ms. Asare suffered from cervical radiculopathy, lumbar radiculopathy, and referred her to Dr. Bijan N. Niaki, M.D. at the Morton Hospital Pain Clinic. (Exhibits 12 and 14.) Ms. sought treatment with Brian R. Petrie, D.C. of Tremont Chiropractic from October 27, 2005 until December 28, 2005. (Exhibit 15.) On October 27, 2005, Dr. Petrie examined Ms. Asare and found: signs of guarded movement patterns from sit to stand and with neck … movements. Cervical extension was limited at 48 degrees with hypermobility …
On September 30, 2005, Ms. Asare did not appear for her regularly scheduled physical therapy appointment. She left a message that she was “in too much pain to continue with all of the lifting” involved in the current physical therapy prescription. She stated that, “I will not hurt myself further,” and would not continue the regimen until she received the results of the second MRI and determined what was wrong. Ms. Asare never completed the physical therapy at Morton Hospital. (See Finding of Fact 10; Exhibit 12.) Ms. sought massage therapy on her own. The massage therapist recommended chiropractic care. (Exhibit 15; Testimony of Asare.) On October 7, 2005, Ms. Asare underwent the second MRI study, which showed that she had minimal lumbar spondylosis without focal disc extrusion central stenosis or foraminal narrowing. (Exhibit 14.) Dr. Monteiro last saw Ms. on October 14, 2005 when she requested an evaluation for a return to work. Dr. Monteiro advised that Dr. Eneyni should complete the forms since Ms. Asare had remained out of work based on his advice. (Exhibit 13; Testimony of Asare.) Ms. Asare saw Dr. Eneyni on October 20, 2005, January 5, 2006 and April 6, 2006. On April 6, 2006, Dr. Eneyni noted that Ms. Asare suffered from cervical radiculopathy, lumbar radiculopathy, and referred her to Dr. Bijan N. Niaki, M.D. at the Morton Hospital Pain Clinic. (Exhibits 12 and 14.) Ms. sought treatment with Brian R. Petrie, D.C. of Tremont Chiropractic from October 27, 2005 until December 28, 2005. (Exhibit 15.) On October 27, 2005, Dr. Petrie examined Ms. Asare and found: … signs of guarded movement patterns from sit to stand and with neck movements. … Cervical extension was limited at 48 degrees with hypermobility