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Burtell v. State Compensation Insurnace Fund3/18/2002
ontinues to be poorly involved with things. I am not sure that unless she wants to get engaged or has vocational goals that there is any sense in a Functional Restoration Program. See her PRN. (Id., emphasis added.)
In April of 1995, claimant returned to Dr. Hunter, with similar complaints. She also noted she had recently fallen "into a sharp edge of a counter top on her sacral area." (Id.; Hunter Dep. at 22.) Regarding her complaints, Dr. Hunter recorded:
She is the same night and day with or without activity. She doesn't walk or do much exercise and doesn't think it helps when she does. She does continue to smoke and says she is smoking about two packs a day. She describes an area from the thoracic-lumbar junctional area clear down to the lower part of buttocks and full body as the area of pain. She says she has problems at night and day equally and that there is no difference with activity. She doesn't like to exercise and doesn't think it helps.
EXAM: Shows her to be moving around quite guardedly. Straight leg raising is negative although she does have some tight hamstrings. Toggle of hip motion on either side causes her to complain of pain in essentially thoraco-lumbar to sacro-iliac area of spine. Reacts quite strongly to even light touch. No obvious spasm. Deep tendon reflexes are physiologic and symmetric. No obvious atrophy or fasciculations.
This all continues to appear to be myofascial. I've talked to her about the work-up that has already been done. I don't believe further evaluation is necessary. She says she wouldn't contemplate undergoing surgery even if this was a surgical problem which is certainly does not appear to be. This leaves us with what we've already done and tried.
I don't see anything here today that would make me think that changing her work status etc. makes sense. I've explained that this has all been done well by Dr. Weinert. She would like another opinion it sounds like on all this, and I've explained that this is between her and work comp. She has asked for recommendations, and I feel that if she does not wish to follow-up with Dr. Weinert that the physciatrist in Butte or Great Falls might become involved. (Ex. 17 at 203-204, emphasis added.)
In his deposition, Dr. Hunter recalled telling claimant surgery was not appropriate, to which she replied, "that's okay. I wouldn't do it anyway." (Hunter Dep. at 23.) While claimant denied the conversation, I did not find her denial credible.
Claimant thereafter did not seek medical treatment for five years. (Burtell Dep. at 11-12). According to claimant, she stopped treatment due to a "personality clash" with Dr. Hunter, stating she disagreed with his position on her smoking and surgery. She testified that she became depressed because Dr. Hunter did not offer surgery to her. (Id. at 27.) She acknowledged treating with Dr. Bateen for depression, but said she then threw up her hands and stayed out of sight for a few years. (Id. at 28.) When asked why she waited so long to obtain other medical treatment if her condition was as she described, claimant testified, "If he didn't care, I didn't care." (Trial Test.)
Claimant acknowledged she refused to go back and see Dr. Weinert. (Burtell Dep. at 25.) She testified she did not agree with Dr. Weinert or what he said to her. (Id. at 13.) She further acknowledged quitting physical therapy, testifying she could not afford to get there. (Id. at 16-17.) Claimant admitted refusing injections recommended by Dr. Hunter, stating she did not want needles in her back.
According to claimant, she "didn't do much of anything" between 1995 and 2000. She claims that she "just ate tons of
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