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Cooper v. Chevron Corp.3/5/2003
at the claimant's April 2001 herniated disk and surgery were not due to any natural progression of his original 1988 injury. It also establishes, under the Rightnour standard, that it was not a "direct and natural result" of the claimant's 1988 injury. Dr. Dietrich's testimony shows that the disk herniation was not inevitable, indeed it was not even probable. At best, claimant's risk for reherniation was only 5%. Further, Dr. Dietrich's testimony directly attributed claimant's reherniation to his moving a washing machine. That testimony was credible and is directly supported by the facts that the claimant's acute problem and change in his MRI imaging occurred immediately after he moved the washing machine. Dr. Dietrich's testimony establishes that there is no continuous chain of causation with respect to claimant's April 2001 herniated disk and surgery.
The harder question is whether Chevron is liable for the claimant's medical care between 1998 and April 2001. Initially, I conclude that it is not liable for his prescriptions for narcotics. I am convinced that he exaggerated his pain and lied to his physicians to obtain drugs. He bears the burden of proof. He has failed to carry that burden: I am unable to determine what medications were medically necessary.
Similarly, I am unable to determine what medical visits were medically necessary. It is clear that some of his medical visits were calculated to obtain additional narcotics. Moreover, I am persuaded that some new event triggered his July 1998 visit to Manning but am unable to determine the nature or significance of the event because claimant has not fully disclosed information as to the event. Again, claimant bears the burden of proof and has failed to carry his burden of proving which medical visits were medically necessary.
JUDGMENT
Claimant has failed to persuade the Court that medical expenses since 1991 are attributable to his 1988 industrial accident. His petition for medical benefits is dismissed with prejudice.
Claimant is not entitled to his costs or other relief.
This JUDGMENT is certified as final for purposes of appeal.
Any party to this dispute may have twenty days in which to request a rehearing from these Findings of Fact, Conclusions of Law and Judgment.
DATED in Helena, Montana, this 5th day of March, 2003.
Mr. Cameron Ferguson
Mr. Joe C. Maynard
Submitted: February 20, 2003
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