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testimony of William Taylor (Taylor), petitioner’s treating
physician. Even he, however, acknowledged that petitioner’s
symptoms were the result of the “usual stress related to the
buyout of a large gas company”. Taylor testified as follows:
Q: And tell us generally please, if you would,
based on your notes, your findings of that physical
[examination] in June of 1995.
A: * * * And my overall assessment at that time
was that he had an unremarkable exam.
* * * * * * *
Q: And would you tell us, please, what were your
findings and conclusions based on that exam in June of
1996?
A: Okay. At that time, his only complaint was
having usual stress related to the buyout of a large
gas company. He noted low energy.
He was complaining of loud snoring, easy
fatigability during the day. Occasional indigestion.
* * * Again, difficulty sleeping, some stress.
Q: Did your assessment show that he had
hypertension?
A: Yes.
Although petitioners had introduced into evidence the nature
of petitioner’s alleged physical injury at this point in the
testimony, petitioners’ counsel continued by asking Taylor what
consequences might occur if hypertension goes untreated. Taylor
testified that hypertension can lead to strokes, heart attacks,
and kidney disease. What petitioner might have suffered had his
hypertension gone untreated, however, is not any injury for which
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