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Boster v. Liberty Mutual Fire Insurance Company12/19/2002
dentify, but does not like to take medications because they "make me addicted." . . . (Id. at 51-52, emphasis added.)
The bolded material contributed to my overall impression of claimant in this case.
Claimant then sought care from Dr. Brooke M. Hunter, a Helena orthopaedic surgeon. Dr. Hunter initially saw claimant on June 13, 1997, and continues to be claimant's treating physician.
On June 13, 1997, claimant reported "back pain and leg pain are virtually unchanged over the last few years" and described "leg and back pain as being approximately equal." (Ex. 16 at 123.) Claimant also reported "he is diffusely weak throughout the right leg . . . but can't be more specific." (Id.) Dr. Hunter noted that a "full accurate diagnosis of L-4, 5 lateral disc with L-4 radicular embarrassment has never been well documented according to MRI studies." (Id. at 124.) He recommended a CT myelogram to address the matter. (Id.)
On June 13th, Dr. Hunter also discussed a pain clinic with claimant and noted, "Mr. Boster adamantly refuses this consideration as he says he cannot be expected to go out of town and leave his family for an extended period of time this way." (Id. at 124.) As to claimant working, he noted that claimant should not return his to his time-of-injury job "but feel that he probably could be doing something in the light to sedentary work as a minimum. " (Id. at 125.)
Pursuant to Dr. Hunter's recommendation, a CT myelogram was done on August 20, 1997. (Ex. 17.) On August 25, 1997, Dr. Hunter noted that the myelogram showed "central disc protrusion at L-4, 5 none of the lateral foraminal problems worried about by prior MRIs." (Ex. 16 at 126.) He recommended against surgery and discussed other treatment options with claimant. His note of that discussion shows claimant's attitude:
I've talked to them about all of our other options. I mentioned pain clinic participation last visit. He adamantly defers that feeling he cannot leave town long enough to do that. I've talked to him about re-evaluation by physical medicine. He doesn't want to work with Dr. Weinert any longer. He doesn't think more physical therapy would be likely to help. He has had epidural steroid injections and those didn't help and he doesn't think more would be reasonable.
I explained to him I would be willing to work with him on any options he thinks are reasonable. He doesn't have much more for an answer. . . . (Id., emphasis added.)
Dr. Hunter went on to indicate that he "suspect " with the ability to shift from "sitting to standing on a regular basis" a light or sedentary job could be entertained. (Id.) He also thought a further EMG would be reasonable. (Id. at 126.) At the end of the discussion of various alternatives, Dr. Hunter wrote, "Mr. Boster wants to talk to his attorney and have some time to think about all of these options." (Id. at 127, emphasis added.)
Liberty then referred claimant to Dr. Henry Gary, a Missoula neurosurgeon. Dr. Gary examined claimant on October 28, 1997, and described his symptoms at that time as follows:
Since . . . time [of the industrial accident], he has had low back pain and right leg pain, never left leg pain. His right leg pain is described as pain in the right buttock, but pain on the inner surface of the right thigh radiating down to below the knee. When his pain is bad he will get pain radiating all the way down to the toes. He finds that his pain is about equal as far as back and leg. It is worse with walking or standing. He states that he can only stand about 15-20 minutes then has to sit down. Walking on a concrete surface is limited by his estimation to less than
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