 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cooper v. Chevron Corp.3/5/2003
n 1991 and 1996. Claimant has numerous excuses for his inability to provide records of back-related treatment and some of those excuses might be true. However, significantly, claimant did not attempt to obtain records of the massage therapist and could not provide even the most basic information about a chiropractor whom he claims provided treatment.
b There is no care even alleged between 1992 and 1996 and there are no records which would document that the one Oxycodone prescription written by Dr. Lewis in December 1996, was on account of back pain.
c Beginning in 1998, claimant sought continuous treatment for back pain, however, the records fail to indicate any true radiculopathy and his medical records demonstrate he lied to his doctors when seeking narcotics. On four occasions he sought a resupply of narcotics by reporting his backpack or briefcase had either been stolen or taken by his dog. In late 1998 and early 1999, he simultaneously obtained prescriptions for narcotics from two physicians, and on one occasion from three physicians. During his time in jail from November 1999 to July 2000, his narcotics were significantly reduced without the instances of ER visits and the sort of persistent "need" for narcotics occurring in 1998 and 1999.
d Medical records show that on several occasions the claimant reported activities aggravating his back, however, he denied every one of those reports.
e Medical records show that claimant indicated that he had been symptom free for many years prior to 1998, then experienced an onset of back pain. An ER note in January 1999, states that claimant "reports following this [1988 and 1990] surgery his back did well and he was essentially pain-free for 10 years only to begin having problems again last summer." (Ex. 28 at 1, emphasis added.) Dr. Peterson recorded on December 8, 1998, that claimant reported, "He had done well until about 6 months ago when he noticed insidious onset of buttock, leg pain, posterior calf pain into the heal which has progressively worsened." (Ex. 18 at 1.) Claimant, of course, denied the accuracy of these medical notes.
Claimant's assertion that he was never engaged in construction and earned only $5000 on average after 1988 also raises serious questions concerning his credibility. As far as I can determine, he has admitted to the following jobs:
a In the early 1990s before moving to Alaska he drove a dump truck in Missoula for two to three weeks, worked in a mine for three days, and worked for a salvage company in Missoula for a week using a cutting torch.
b In 1993 he drove a truck in Alaska for Alaska Corporation for two to three weeks.
c He has managed a small motel in which he was a partner. The motel was purchased in 1997 or 1998. Claimant sold his interest to his partner in October 2001 for $8,000.
d He raised and cross-bred wolves and Malamutes, which he sold.
e He operated a guide service for a couple of hunting seasons.
f He has guided fishermen and served as a "bear guard" in Alaska.
g He operated a towing service using the large commercial truck he owns. His services were by word of mouth.
h He has hauled supplies with his truck, including 100 pound propane bottles. He testified that he did not load or unload the propane.
i Hauled firewood, although he denied loading or off-loading it.
j Skidded logs.
k Plowed roads in the spring time.
l Sold Christmas trees in the early 1990s, although he denied loading or unloading the trees.
m Bought and sold a handful of motor vehicles.
Page 1 2 3 4 5 6 7 8 9 10 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|