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Maryland Casualty Co. v. Lorkovic6/1/1994
orkovic for his travel expenses, the Commission record manifests that Lorkovic was reimbursed for "the mileage as well as airline and everything was paid for by the company." No mileage expense was permitted, however, for trips between his home and office. He also testified that he was not required to use his own vehicle to get to and from the airport (he could have used any means within reason) but that he did so because there was no public transportation where he lives.
Lorkovic testified that he was suffering from lupus disease and "Raynaud's disease" at the time of his accident. Neither diagnosis is directly supported by medical evidence in the record. Examinations made of Lorkovic after his accident revealed that his lupus diagnosis may be incorrect and that he may actually suffer from a form of arthritis. In addition, the Maryland Institute for Emergency Medical Systems' discharge summary states that Lorkovic developed pain in his right wrist and left knee -- the knee pain was diagnosed as gout. No medical evidence was presented by either party affirmatively connecting Lorkovic's gout to the knee pain he allegedly experienced while on his trip.
Lorkovic states in his brief that the Raynaud's disease "causees occasional sharp constriction of blood vessels, often painfully in the extremities." In addition he quotes DORLAND'S ILLUSTRATED MEDICAL DICTIONARY which describes Raynaud's disease as "intermittent attacks of severe pallor of the fingers or toes and sometimes the ears and nose, brought on characteristically
by cold and sometimes emotion." Lorkovic also states that his lupus condition causes pain in the joints. Lorkovic's brief asserts that he takes medication (Darvocet and Prednisone) for lupus and Raynaud's disease. Nonetheless, the record is clear that he only took Darvocet with him on his trip, that he had only a limited supply, and that he had no pills left by the evening prior to his return trip.
Lorkovic testified that he had knee pain during his business trip and as a result he could not sleep at night. He states that he slept "maybe an hour, an hour and a half" per night. He testified that he would elevate his feet and spend the night watching television or reading. Additional pertinent testimony was as follows:
Q
[counsel for Lorkovic] You were in these meetings -- can you tell me a little bit about your physical condition at the time in 1990.
...
A
[Lorkovic] Generally when I go on a business trip I get there, I will rent an automobile to drive to and from. Prior to leaving I was having problems with my left knee, which was swollen up. I could hardly walk. So, I took some Darvocet with me. I am usually on or had been on Prednisone.
Q
How long have you had this condition as being diagnosed as lupus?
A
Probably since 1984
...
Q
Were you able to sleep while you were on vacation normally?
A
No, sir.
Q
Not on --
A
I was on --
Q
On a business trip?
A
I would sleep maybe an hour, an hour and a half at night, and --
...
Q
Driving from the airport tell me what happened?
A
... I was driving down that, and I recall rolling the window down to get some air into the car because I was -- felt like I was going to fall asleep or sleepy....
...
Q
How much sleep had you had the previous night, if any?
A
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