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Cooper v. Chevron Corp.3/5/2003
d has continued to reside there.
On November 13, 1996, Dr. Jim Lewis, an Alaska physician, prescribed hydrocodone for claimant. The prescription was refilled one time on November 18, 1996. Hydrocodone is a narcotic pain medication. According to claimant, Dr. Lewis prescribed the drug for his back pain. Dr. Lewis' records are unavailable. According to claimant, Dr. Lewis lost his medical license and vanished. In any event there is no confirmation of claimant's assertion that Dr. Lewis prescribed the hydrocodone for back pain.
There is no further indication of medical care for claimant's back until 1998 when, on June 23rd, claimant saw Ed Manning (Manning), a physician's assistant. (Ex. 16 at 1.) Manning was aware of claimant's prior back surgery, noting a "laminectomy 1987/1988," but recorded that claimant was "self employed" in construction" and " njured back 4-5 days ago -lower back." (Id., emphasis added.) At trial claimant denied any new back injury or that he was engaged in a construction business.
On June 23, 1998, Manning prescribed the following medications: Soma, Anexsia and Votaren. Anexsia is hydrocodone (a narcotic pain reliever) with acetaminophen. Other brand names for the drug are Vicodan, Co-Gesic, Hydrocet, Lorcet, Lortab, Maxidone, Norco, and Zydone.
On July 3, 1998, claimant called Manning and told him his backpack had been stolen while he was fishing. He asked for new prescriptions for all three medications. (Id.) This is the first of four incidents in which claimant sought early refills of a narcotic prescriptions on account of the alleged theft or destruction of his backpack. Claimant made similar claims on three more occasions:
a On December 15, 1998, claimant contacted Dr. Peterson's office and claimed that he needed a prescription for pain medication because his dog had "got ahold of his" previous prescription. (Ex. 18 at 4.) At trial he testified that his dog stole his backpack and that although he thereafter found part of it, he did not find his prescription drugs.
b On July 21, 1999, claimant reported to Dr. Yates that he had been beaten up and his medications stolen from his briefcase. He sought replacement medication and Dr. Yates prescribed 50 Vicodan. (Ex. 38 at 9.)
c On May 27, 2001, claimant sought care at the ER reporting that his backpack, wallet, and medications had been stolen the day before. (Ex. 25 at 1.) He sought pain medication and received another prescription for Vicodan. (Id.) Of note, the ER report indicates that "it did not occur to him to file a [police] report as he only lost a few dollars in cash." (Id.)
Four so similar incidents strains credulity!
On July 3, 1998, Manning also indicated that claimant had scheduled an appointment with an orthopedic surgeon for July 22, 1998. (Ex. 16 at 1.) Claimant was to call back with the name of the surgeon. (Id.) Claimant did not follow through. He did not see an orthopedic surgeon until five months later. (See 26.)
On August 28, 1998, Manning saw claimant again. He recorded that claimant was complaining of low-back pain with radiation "into the right hip and posterior aspect of the right leg." (Ex. 16 at 2.) He also noted that claimant was scheduled to see Dr. Garner in Anchorage "as soon as we get the records from his health-care providers in the Lower-48." (Id.) While prescribing more Lorcet (Oxycodone), Manning also advised claimant that he would not continue to prescribe "pain meds" and suggested he see Dr. Robert Martin. (Id.)
On September 10, 1998, claimant called Manning for another refill of Lorcet (Oxycodone). Manning declined the request and noted that
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