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Listening to EXAMINER: All proper, physician. Now, viewing each displays 14 and thirteen, the one two reviews submitted by Dr. Kirsch, an osteopath, do you find in it any x-rays, clinical or laboratory results of any kind? DR. PELTIER: No, I do not. Q. I'd contact your consideration to the fact that exhibit thirteen suggests "on evaluation client is amazingly tender around lumbo sacral spine and sacro iliac around the still left aspect." It isn't obvious from this no matter whether this was elicited by palpation or merely historical past, is accurate?
The hearing examiner mentioned the following facts, undisputed from the file, in regard to plaintiff and his somewhat recent perform record:
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Contrary to Dr. Kirsch's evidence, the proof of Dr. Williams constitutes goal health-related results based mostly upon several different orthopedic tests and X-rays. Dr. Williams found no objective proof to assist plaintiff's subjective complaint of very low back again pain and tingling sensations. In his impression, plaintiff really should only keep away from major lifting. Dr. Peltier fully concurred With all the conclusions of Dr.
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The hearing examiner conceded in his formal findings of undeniable fact that plaintiff's "bilateral muscle spasm * * * may possibly bring about him some pain" and forestall him "from partaking in occupations necessitating Recurrent and continual bending and twisting or continuous lifting of weights above 40 pounds.
This really is an motion to review a final selection with the Secretary of Health and fitness, Instruction and Welfare denying plaintiff's application to ascertain a duration of disability and to acquire disability insurance policies benefits beneath the Social Safety Act.
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We shall come across and establish that defendant's motion need to be denied for the reasons we shall condition. In summary, we shall hold the Listening to held from the Secretary was managed through the poor application of Part 404.1510 from the Restrictions. Application of that regulation inside of a manner very similar to the appliance of that and other restrictions totally talked over in a few conditions not too long ago determined by this Courtroom demands that the choice in the Secretary be reversed.
On Jan. 21, A further feminine undercover investigator frequented the clinic, proclaiming to possess a lower-back again difficulty and inquiring a couple of remedy system that involved inserting fingers into the anus and also the labia.