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Cooper v. Chevron Corp.3/5/2003
prescriptions for narcotic from both Drs. Yates and Peterson, clamant testified that if Chevron had paid for his medical care he would not have taken as many narcotics. His explanation makes no sense whatsoever and I find it incredible.
In November 1999, the claimant was incarcerated in jail, where he stayed until July 2000. During that time, claimant's access to narcotics was largely cut off. (See Ex. 6.) Medical records from claimant's prison stay document continued back pain and some complaints of foot pain but fail to support the claimant's assertion that his pain required the level of narcotics he had previously been able to obtain. The records also contradict his claim of continuing pain since 1990. A nursing note of December 31, 1999, states that claimant reported pain and spasms in back. Reports he had herniated dis [with] surgery 1988. Symptoms have been present for "two . . . no . . four months." States he was treated with muscle relaxants and pain pills previously and got relief . . . . (Id. at 12, emphasis added.)
On January 26, 2000, claimant complained of loss of feeling in his left foot. (Id. at 16.) He was seen by a physician's assistant, who recorded nothing all that significant in his examination other than that claimant refused over-the-counter pain medication "since they don't help anyway." (Id. at 17.) Claimant did receive some Darvocet -100 during his incarceration but not in the amounts and frequency characterizing his drug use in 1998 and 1999.
Following claimant's release from jail in early July 2000, claimant immediately returned to Dr. Yates for narcotic drugs. (Ex. 38 at 13-14.)
On July 19, 2000, claimant told Dr. Yates that he had "been playing ball swung bat/back pain [increased] since . . . ." (Id. at 14.) Claimant testified he had played softball in jail but was unable to swing a bat and had to have a pinch hitter. Even if his explanation is true, which I doubt, his participation in softball is inconsistent with his prior reports of pain of a magnitude requiring significant narcotic medication.
During the rest of 2000 and early 2001, the claimant continued to receive Oxycodone from Dr. Yates, however, not in the quantities or frequency as 1998 and early 1999. (Id. at 13-18.)
According to Dr. Yates' office notes, on October 7, 2000, claimant reported increased back pain after "cutting trees, running heavy equipment, not using chain saws but lots of heavy work." (Id. at 15.) At trial, claimant denied cutting trees or doing heavy work. He testified that his sons were doing the cutting and that he was only driving the truck.
Then, on April 10, 2001, claimant went to the ER for "increasing lower back pain." (Ex. 20 at 1.) The ER notes state:
He reports he has had a problem with L5/S1 dis surgery in 1988 and 1989 secondary to a mining accident. He is followed by Dr. Peterson in Anchorage. He has had chronic problems with numbness in the lateral aspect of the right foot. He was moving a washing machine yesterday, and suddenly developed increased pain. He reports the foot developed increased numbness with pain all the way down the right buttock and leg. (Ex. 20 at 1, emphasis added.)
Within three days of the ER visit (April 13, 2001), claimant was hospitalized with severe low-back and leg pain. (Ex. 27 at 16.) On April 17, 2001, another MRI was done. The MRI showed an "acute recurrent intervertebral disk herniation at this level compressing the thecal sac . . . ." (Ex. 17 at 1.)
On April 27, 2001, Dr. Thomas P. Vasileff operated on claimant. (Ex. 32 at 11.) The operation disclosed a "very large extruded disk in the L5-S1 area, tenting the S1
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