an accident and resulting pain was consistent when followed by all treating physicians. In fact, plaintiff continued to complain of the same or similar pain immediately following her November, 1990 surgery. There has been no showing that plaintiff's back condition was symptomatic in this way immediately before the accident. Therefore, plaintiff is entitled to use of the presumption where she was in relatively good health before the accident, but commencing with the accident the symptoms of the present condition appeared and continuously manifested themselves afterward. Medical evidence shows that there is a reasonable possibility of causal connection between the accident and the present condition. Specifically, an L4-5 disc bulge was noted on [sic] MRI performed October 14, 1990 and July 10, 1992 and confirmed by Dr. Mayer onto review all pertinent medical records before giving that opinion. Her opinion was apparently based on those records which were most favorable to the defense. She was not aware that Dr. Whitecloud recommended surgery and she did not review the records of Dr. Kalifey, the depositions or records of Dr. Nanda, Weiss, the LSU Medical Center or the report of Dr. Whitecloud.
On cross examination, Ms. Douglas would not give an opinion on plaintiff's ability to perform the jobs she located, assuming the need for additional surgery.
Thus, the hearing officer found that the plaintiff established she was not physically able to perform any of the jobs provided by her employer.
However, the defendant argues that physical inability to perform is not enough, and the plaintiff has failed to establish by