BRAD McGAHEY 1 2 3 4 5 6 7 8 9 1 BEFORE THE COURT OF EXISTING CLAIMS STATE OF OKLAHOMA BRAD McGAHEY, ) ) Claimant, ) ) vs. ) No. 2010-08398-H ) SSN: XXX-XX-5583 CHRISTIAN ALCOHOLICS AND ) ADDICTS IN RECOVERY, ) ) Respondent, ) ) NATIONAL UNION FIRE INSURANCE, ) ) Insurance Carrier. ) 10 11 * * * * * * 12 TRANSCRIPT OF PROCEEDINGS 13 HEARING 14 ON MAY 15, 2012 15 IN OKLAHOMA CITY, OKLAHOMA 16 17 BEFORE THE HONORABLE CHERRI FARRAR * * * * * * 18 19 20 APPEARANCES: 21 Mark Litton, Attorney at Law, 5101 Classen, Suite 307, Oklahoma City, Oklahoma 73118, appeared on behalf of the Claimant. Jennifer Sloan, Attorney at Law, PO Box 1710, Tulsa, Oklahoma 74101-1710, appeared on behalf of the Respondent and Insurance Carrier. 22 23 24 25 REPORTED BY: KEVIN LEE IDLEMAN, CSR #01652 OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 2 1 CONTENTS Page Line 2 3 4 5 6 7 CLAIMANT'S EXHIBITS ............................. 2 RESPONDENT'S EXHIBITS ........................... 2 ADMITTED EXHIBITS ............................... 2 PROCEEDINGS ..................................... 3 BRAD McGAHEY CALLED ON BEHALF OF THE CLAIMANT ... 8 BRAD McGAHEY WAS SWORN .......................... 8 DIRECT EXAMINATION BY MR. LITTON ............... 8 CROSS EXAMINATION BY MS. SLOAN ................ 11 REDIRECT EXAMINATION BY MR. LITTON ............. 28 REPORTER'S CERTIFICATE ......................... 33 9 13 21 1 4 6 9 13 8 1 8 9 CLAIMANT'S EXHIBITS 10 No. Description Page Line 11 No. 1 (Depo of Dr. Ruffin) ..................... 30 6 12 RESPONDENT'S EXHIBITS 13 14 15 No. Description No. 1 (Records from Tishomingo Mercy Hospital) Page Line .......... 30 24 16 17 18 19 OBJECTIONS Description Page Line Objection by Mr. Litton ........................ 21 25 20 21 ADMITTED EXHIBITS 22 Page Line Claimant's 1 was admitted ...................... 30 11 Respondent's 1 was admitted .................... 31 14 23 * * * * * * 24 25 OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 PROCEEDINGS 3 2 THE COURT: We are ready for trial in the 3 case of Brad McGahey versus Christian Alcoholics and 4 Addicts in Recovery. 5 appearances. 6 MR. LITTON: 7 MS. SLOAN: Attorneys, announce your Mark Litton for the Claimant. Jennifer Sloan for Christian 8 Alcoholics and Addicts in Recovery and their insurance 9 carrier, National Union Fire Insurance. 10 11 THE COURT: What are the issues before the Court today? 12 MR. LITTON: Your Honor, I advise the Court 13 there's an Order dated August 12th, 2011, setting out 14 jurisdictional findings. 15 April 1st to May 31st. 16 16 weeks. 17 Paid eight weeks of comp from We are asking for an additional That would be June 1st for 16 weeks. Your Honor, I believe there has been a -- the 18 Court has a deposition of Dr. Ruffin. 19 says there's a need for surgery. 20 surgery be authorized with Dr. Ruffin. 21 16 weeks of TTD and Dr. Ruffin. 22 We believe he We are asking that the So it's just the If we could reserve additional TTD because 23 once he has the surgery, we'll then be asking to fill in 24 the rest of the time. 25 THE COURT: What's the date of injury? OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 2 MR. LITTON: Rates are 198.09. Your Honor, it's May 27, 2010. 4 3 THE COURT: 4 MR. LITTON: 5 THE COURT: Stipulations and defenses, MS. SLOAN: Thank you, your Honor. 6 And what's the body part? It's left hand, your Honor. please. 7 The 8 Respondent has asserted an affirmative defense of an 9 intervening injury, which occurred on November 9th, 10 2011. The Respondent asserts that any additional 11 treatment that the Claimant may need for the left hand 12 would be due to intervening injury of November 9th, 13 2011, and not due to the work injury of May 27th, 2010. 14 Respondent would note that in the event that 15 the Court finds that the Claimant -- that the subsequent 16 injury was not such as to break the chain of causation, 17 that the recommendation for surgery by Dr. Ruffin is -- 18 we would request that an IME be appointed by the Court 19 to address that surgical recommendation. 20 21 22 THE COURT: And your legal authority for that MS. SLOAN: I don't have the exact section in request? 23 the new Code. But the Code does direct that if a 24 surgical recommendation has been made, upon a request by 25 the Respondent, that the Court shall appoint an OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 independent medical examiner to address the 2 recommendation for surgery. 3 need the Code, if you would like me to. I can look it up if you 5 4 5 THE COURT: Yeah. I probably need you to give me that cite, unless there's no objection. 6 MR. LITTON: I don't want to do an IME. So I 7 guess I am objecting. 8 MS. SLOAN: Your Honor, do you have a copy of THE COURT: I certainly do. 9 the Code? 10 But every Friday 11 my stuff gets rearranged so maybe it's that little 12 packet right at the end. 13 MS. SLOAN: The exact cite is Section 329 B. 14 It states that the Court at any time, regardless of the 15 date of injury, may appoint an independent medical 16 examiner to assist in determining any issue before the 17 Court in the event surgery is recommended by a treating 18 physician. 19 medical examiner shall be appointed by the Court to 20 determine the reasonableness and necessity of the 21 recommended surgery. Upon request by the employer, an independent 22 THE COURT: Read that last part again. 23 MS. SLOAN: In the event surgery is 24 recommended by a treating physician, upon request by the 25 employer, an independent medical examiner shall be OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 appointed by the Court to determine the reasonableness 2 and necessity of the recommended surgery. 3 4 THE COURT: Comments? Arguments? So what are your thoughts? 6 5 MR. LITTON: It sounds like shall, but it's 6 also limited just to, is it reasonable and necessary. 7 It's not getting into causation or any of these other 8 issues, whether or not the surgery recommended by Ruffin 9 is reasonable and necessary. 10 That's all they are being asked. 11 THE COURT: Okay. Who are we asking? 12 MS. SLOAN: Are you asking me which doctor we 13 prefer to have the Claimant evaluated by if the Court 14 does decide that the intervening injury did not break 15 the chain of causation? 16 THE COURT: Essentially. 17 MR. LITTON: 18 MS. SLOAN: That would be fine. 19 THE COURT: All right. Halco? You'll need to fill 20 out the form. I don't think I have much choice in the 21 matter here. She's going to fill out the form for us. 22 But there's only going to be the one issue. 23 MR. LITTON: 24 THE COURT: 25 Yeah. That one issue. So we may or may not need that form depending on how the trial goes. But I would like OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 for you to fill it out for me. You can get one from 2 Kevin and I will use it if I need one. 3 MS. SLOAN: Thank you, your Honor. 4 THE COURT: Anything else? 5 MS. SLOAN: Not from the Respondent, your 7 6 Honor. 7 THE COURT: So if there is no -- if the Court 8 finds there is no intervening accident sufficient to 9 break the chain of causation that you've referred to, 10 you agree to the 16 weeks? 11 MS. SLOAN: Our position is that the 12 recommendation by Dr. Flesher is somewhat unclear as to 13 whether or not he's really recommending surgery. 14 addressed that at the time of the deposition. 15 Court does find that he is making a surgical 16 recommendation, then yes, we would believe the Claimant 17 would be entitled to the additional 16 weeks. 18 19 MR. LITTON: If the Just to be clear, we're talking about Ruffin. 20 MS. SLOAN: 21 MR. LITTON: 22 MS. SLOAN: Sorry. 23 THE COURT: All right. 24 And we Right. Did I say Flesher? Again. Anything else before we take testimony? 25 MR. LITTON: Not from the Claimant. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 8 MS. SLOAN: Not from the Respondent, your 3 THE COURT: You may call your witness. 4 MR. LITTON: 2 5 6 Honor. Thank you, your Honor. Brad McGahey to the stand. BRAD McGAHEY, I call 7 being first duly sworn, testifies and says in reply to 8 the questions propounded as follows: 9 DIRECT EXAMINATION 10 BY MR. LITTON: 11 Q Sir, will you state your name for this court. 12 A Bradley Washington McGahey. 13 Q Mr. McGahey, you recall we came to court, we tried 14 the case, the Court ordered eight weeks of temporary 15 disability basically from April 6th, to about the end of 16 May of 2011; correct? 17 A Yes, sir. 18 Q Now, were you working anywhere after that? 19 you worked anywhere since then? 20 A 21 Enterprises Welding. 22 it. 23 Q You were there about two weeks; is that right? 24 A Yeah. 25 that paper that said I could work but absolutely no use Yes, sir. Have I went to work at -- it was VE And I quit because I couldn't do Two or three weeks. And then when I seen OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 9 1 of my left hand, well, then they was like, whoa, you 2 can't be here. 3 Q 4 you tried working? 5 A 6 for sure on the date on it. 7 Q What was that two- or three-week period of time What month? It's been four or five, six months ago. I ain't Let me ask it this way; June, July, August, 8 September of last you weren't working anywhere? 9 A No. 10 Q That would be about the 16 weeks? 11 A Yeah. 12 Q But you just tried going to work. 13 two to three weeks, didn't work, and you had to stop? 14 A 15 something. 16 and tried to do it and they seen it. 17 about the injury and then he found that paper. 18 Q 19 stop working? 20 A Yeah. 21 Q There's also another incident or another issue 22 regarding an incident where you had possible intervening 23 injury on 11-9-11. 24 A Yes. 25 Q What happened that day? I tried -- I was broke. Worked about I was trying to do And when -- said, you know, went over there I didn't tell them But it was because of the injury that you had to Do you understand that? OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY I just slipped in mud. 10 1 A When I slipped, I fell on 2 my left side and my hand swelled up a little bit. 3 went to the E.R. and she took X-rays. 4 couldn't find anything with X-rays. 5 happened. 6 the injury that I had before. 7 ice it down. 8 could do until they do the surgery on it. I And said she I told her what And she said all it done was re-aggravated And she just told me to She said there really ain't nothing you 9 Q What I want you to do is tell us how your hand is 10 now compared to how it was before this incident on 11-9. 11 Is it better, worse, or is it the same? 12 A It's the same as it was. 13 Q It did hurt more? 14 A Oh, yeah. 15 days until the swelling went down. 16 back to the same old thing. 17 Q 18 same as it did before the incident on 11-9, 2011; 19 correct? 20 A Yes, sir. 21 Q So you don't have any additional problems now that 22 you didn't have before the incident on 11-9, 2011? 23 A 24 the doctor. 25 was hurting. It hurt more after about two or three Then it went right Meaning after about three days your hand felt the Right. I wouldn't -- I wasn't even going to go to But I been taking so many Motrin because it And I took a bunch of Motrin. She give me OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 11 1 a prescription of something that was different. And 2 after that, I just went back to taking Motrin because I 3 didn't want to go back to the doctor again. 4 Q 5 back to a doctor over that slip and fall? 6 A No. 7 Q In your mind, do you think any of the problems 8 you're having now is from that fall in 2011? 9 A And other than that one E.R. visit, you didn't go No. 10 11 MR. LITTON: I have nothing further, your Honor. 12 THE COURT: 13 Cross-examination. CROSS EXAMINATION 14 BY MS. SLOAN: 15 Q 16 had you been working for the welding company? 17 A Yeah. 18 Q And were you working for the welding company at 19 the time of the incident that occurred on your 20 grandfather's property in November? 21 A No. 22 Q How long had you not been working at the welding 23 job before this injury? 24 A 25 that. Sir, prior to the November 9th, 2011, incident, About a month. I ain't 100 percent sure about But around about a month or so. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 Q What was the name of the company that you worked 2 for? 3 A VE Dragon. 4 Q Dragon? 5 A Yeah. 6 Springer, Oklahoma. 7 Q 8 weeks again? 9 A About three weeks. 10 Q What type of work were you performing? Like it's a frack building tank company in And you worked there for approximately how many 12 11 A Welding. 12 Q Have you worked anywhere since then? 13 A No. 14 Q And your incident that occurred, did it occur on 15 November 9th, or is that the date you went to the 16 emergency room? 17 A 18 at a rodeo. 19 running through there. 20 girl standing in front of the alleyway and she was about 21 to get run over. 22 right hand, and we come over on this side. 23 the mud and we slipped down. 24 Q Your grandfather has rodeos on his property? 25 A Yeah. It occurred that day. I was over there and we was And I went to get -- barrel horses were And there was a little bitty And I went and grabbed her with my I slipped in That's all it was. They just had a little playday there. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 Q You went to the emergency room directly from the 2 rodeo to the emergency room; is that correct? 3 A Yes. 4 Q That emergency room was in Tishomingo? 5 A Yes. 6 Q What time did you get to the emergency room? 7 A I don't know for sure. 8 Q And when you got to the emergency room, it looks 9 like it was about 1:50 when you were first seen in the 10 afternoon; is that correct? 11 A Yeah. It was in the afternoon some time. 13 12 Q And at that time when you were at the emergency 13 room, were you complaining of pain in the left hand and 14 pain in the wrist? 15 A Yeah. 16 Q And what did they do for you specifically at the 17 emergency room? 18 A 19 can't see nothing. 20 cartilage built up around the joint where it had 21 happened before. 22 there. 23 injury you had. 24 broke bones or nothing. 25 few days and you are going to go back to the same old She just -- she took an X-ray and she said, I She said, you got a bunch of And she said some arthritis stuff in She said, all you done was aggravated what She said, there's no other further She said, it will just swell a OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 not being able to use it. 2 Q 3 follow up with your doctor; is that correct? 4 A 5 nobody. 6 Q Now, you were directed by the emergency room to She never said -- told me to follow up with 7 Okay. 8 Now, -MS. SLOAN: May I approach the witness, your THE COURT: No. Honor? 9 10 Q (By Ms. Sloan) Did you receive instructions from 11 the emergency room when you were released from the 12 emergency room on November 9th? 14 13 A Yeah. She said put ice on it. 14 Q And the instructions as I read them indicate that 15 you are to wear a splint until you followed up with your 16 doctor, as well as to take medications for a sprain or 17 fracture of the wrist; is that correct? 18 A 19 you feel like that it don't hurt no more and take it 20 off. 21 Q 22 page, where directly above the signature that appears to 23 be your signature, it states that you're to follow up 24 with your doctor, and you are to wear the splint until 25 you followed up with your doctor. She put the splint on there and said wear it until Now, I see your signature at the bottom of this OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 A Well, who is my doctor? 2 Q Did you follow up with a doctor? 3 A I don't have a doctor. 4 Q Did you wear the splint until you were seen by 5 another doctor? 6 A No. 7 Q How long did you wear the splint? 8 A About three days. 9 Q Were you also placed in a sling? 10 A No. 11 Q If the medical records indicate that you were 12 provided a splint and a sling, would that be incorrect? 13 A I don't know what you're talking about a sling. 15 14 Q The medical emergency room records indicate that 15 you were provided a splint and a sling to hold your arm. 16 Is that not correct? 17 A That goes around your neck to hold your arm up? 18 Q Yes, sir. 19 A Yeah. 20 Q Were you also given a splint to hold your wrist? 21 A Yes. 22 Q And if you can recall now, do you recall that you 23 were told to follow up with a doctor? 24 A 25 didn't have one. That little blue deal. Yeah. I was told to follow up with a doctor, but I That's when I called the lawyer's OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 office. And he was, like, well we just got to get it 2 through the one, you know. 3 the process. 4 Q 5 injury? 6 A Yeah. 7 Q Had you been on any medications before November 8 9th? 9 A Motrin. 10 Q For your wrist? 11 A Motrin. 12 Q That was over-the-counter? 13 A Yeah. 14 Q You have not had any treatment to your wrist for We just got to go through And you were prescribed Motrin and Norco for this That's all I have ever took. That's what I bought. 16 15 how long before you went to the emergency room? 16 A 17 there and they looked at it at that doctor. 18 do no treatment though. 19 treatment that I got while I was in care, the physical 20 therapy. 21 weeks. 22 making it worse. 23 out, sent me home. 24 Q This was in 2010? 25 A Yeah. Since 2000 -- well, since I went to the Tulsa up They just looked. They didn't And then the I did it and they did physical therapy for two A week or two weeks and she said that it was And then that's when they kicked me That's when they sent me -- that's when I OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 went to jail. And then when I got back out, we started 2 all this all over again. 3 Q 4 2011, how long had you been out of jail? 5 A I got out January 14th or 15th. 6 Q And during that period of time from January to 7 November, before this injury that you had on your 8 grandfather's property, you had not sought any medical 9 treatment for your wrist; is that correct? And when you had this injury on November 9th, 10 A None whatsoever. 11 Q And after this injury, you called your lawyer; 12 correct? 13 A 14 him what happened, that I slipped down, you know, and 15 hurt it -- Yeah. I called him. I called the day of and told 17 16 Q At that time you sought additional treatment and 17 you were seen by Dr. Ruffin February 7th, 2012, about 18 two months later -- three months later; is that correct? 19 A Just the last time I went? 20 Q Right. 21 February 7th, 2012; is that correct? 22 A 23 seen him twice. 24 Q 25 emergency room and February 7th, you had not sought any I've been twice. But you were first seen by Dr. Ruffin on I don't know the correct date, but I know I've And between the time you were seen at the OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 18 1 medical treatment? 2 A None. 3 Q Did you continue wearing the splint and the sling 4 during that period of time? 5 A He didn't put me on one. 6 Q The one that you had been given by the emergency 7 room, did you wear that until you were seen by 8 Dr. Ruffin? 9 A No. 10 Q When did you stop wearing the splint and the 11 sling? 12 13 THE COURT: How many times do you want to ask him that question? 14 THE WITNESS: (By Ms. Sloan) Three days. Three days. 15 Q Now, when you were first seen by 16 Dr. Ruffin, were you still having swelling in the wrist 17 that you had had following your fall? 18 A 19 It swell -- it's done the same thing from that day to 20 this day. 21 If you -- if I don't hold it down, if you hold it up, it 22 hurts. If you don't hold it down by your side, it 23 hurts. I don't got no grip with it. 24 Q 25 before the injury of November. Ma'am, I've had swelling in the wrist since 2010. It's swelled up right now. It's tingling. Sir, I took your deposition back in April of 2011, And at that time you did OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 not testify to any swelling in your wrist. 2 A 3 been swelling. 4 Q 5 symptoms you were having in your wrist in April of 2011? 6 A I never remember talking to you in April of 2011. 7 Q You don't recall having your deposition taken? 8 A I have never seen you until we come in this 9 courtroom. There's been swelling -- the whole time there's I specifically asked you about what type of 10 Q It was a different gentleman with my office named 11 Victor Seagle. 12 attorney's office? 13 A 14 day? Was that the man that was with us over there that 15 16 17 Do you recall that deposition in your MR. LITTON: And he asked you a bunch of questions. THE WITNESS: Yeah. 19 18 MR. LITTON: (By Ms. Sloan) Yes. 19 Q 20 symptoms you were having in your wrist? 21 A 22 ain't -- it's always swelled. 23 Q 24 left hand. 25 it to you -- Yeah. And you were asked about the And I said about the swelling because it Now, you were asked about the symptoms in your And as I read the deposition, and I can read OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 20 1 A Well, ma'am, I will take a lie detector test. 2 can get it up here. 3 to -- 4 Q 5 to November 9th, 2011? 6 A 7 2 -- the day it happened until now, there's pain in my 8 hand. 9 It got hurt. I know what I said. We You don't have Now, were you having pain in your left hand prior I've had pain since the day it happened. May of There ain't never not been no pain in my hand. 10 Q How often do you have pain in your hand? 11 A Ma'am, it's hurting right now. 12 every day. 13 Q Does it hurt all day? 14 A I take Motrin every day for it. 15 Q Does it hurt all day? 16 A I take the Motrin and it will ease off. 17 some days it's worse when the weather gets colder it 18 gets worse. I mean, it hurts And then When the weather changes, it gets worse. 19 It hurts every day. 20 hurt. 21 Q 22 testimony was -- Ain't a day goes by that it don't When I took your deposition back in April, your 23 THE COURT: 24 deposition. 25 Q (By Ms. Sloan) You keep saying when you took his When, Vic with my office, took OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 21 1 your deposition back in April, you were asked: 2 your left hand, do you have pain in that hand at all 3 times or only when you use it? 4 Sometimes it just comes and goes. 5 With And you said, no. Is that true back in April? 6 A And I told him when I take medicine it comes and 7 goes. 8 Q 9 all the time? And this time your testimony is that you have pain 10 A Yeah. It's the same as it was. It's the same 11 since the day that it happened until I'm sitting here in 12 this chair. 13 get a lie detector test up here, I'll pay for it. 14 know what happened. 15 no liar and you're calling me one. 16 Q 17 to understand what your symptoms are. 18 A You asked me five times the same question. 19 Q Sir, after November 9th, 2011, you called your And I will take -- I mean, if you want to I I know what I told him and I ain't Sir, I'm not calling you a liar. I'm just trying 20 lawyer and sought treatment; correct? 21 A Yes. 22 Q And you had not sought any treatment for that 23 wrist prior to November 9th, between January when you 24 were released and November 9th; is that correct? 25 MR. LITTON: I object. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 THE WITNESS: 2 MR. LITTON: 22 We tried to get -Hang on. I'm going to object. 3 We filed a report April 6, 2011, and another in 4 September of 2011, from Dr. Wilson asking for treatment. 5 It was not being authorized is the only reason why this 6 man was not getting treatment. 7 MS. SLOAN: 8 12th, 2011. 9 Q (By Ms. Sloan) The Court Order was issued August And at that time, did you seek any 10 medical treatment in August of 2011? 11 A 12 the lawyer and we tried to get treatment right then. 13 was trying to get from the day that I got out until 14 they -- and they never would authorize it. 15 authorized it. 16 don't know his name. Litchfield. 17 I've seen him twice. And they had to do a referral from 18 Ruffin. 19 me. 20 have to do surgery and this and that. January 15th, when I got out of prison, I called We They finally And I went and seen a man down in -- I Seen him twice. And seen him twice. Then he went over the MRI with Showed me where it was at. That he was going to And all we talked 21 about, I said, well I slipped down, you know, here a 22 while back and it swelled up a little bit more. 23 said, well, this damage has been done for two years. 24 You can tell this has been here -- you know, you don't 25 have this much calcium built up by just a month or two. And he OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 23 1 He said, this should have been done when this first 2 happened. 3 through the whole story telling him I got in trouble, 4 this and that. 5 Q 6 since you worked for the welding company; is that 7 correct? 8 A That's correct. 9 Q Have you had any source of income other than the Why didn't it get done. And then I had to go So he knows the whole story. Now, sir, at this time you have not been working 10 income you receive for that work? 11 A No. 12 Q Are you on any sort of disability? 13 A No. 14 Q And what about any side jobs? 15 side jobs or been able to do any work? 16 A 17 that will prove that. 18 world. 19 Q Are you behind in your child support? 20 A Yeah. 21 she knew -- they was going to put me back in jail over No. Have you had any Just look up the child support division, and Give you all the proof in the I ain't had no money. She waived it when I first got out because 22 child support and my ex waived it. And I paid 400 once 23 and 500 once. 24 an old four-wheeler that I have had forever. 25 it. I sold him a trailer, I paid it. Paid her another 500. I had And I sold Just a little along what I OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 could do. 2 Q 3 27th, 2011? 4 A 24 There's nothing I can do with my hand. Were you behind in your child support prior to May Yeah. 5 MR. LITTON: Your Honor, I have been patient 6 over here, but we are getting way off the topic of today 7 what the issues are. 8 THE COURT: I agree. 9 MS. SLOAN: I'll finish. 10 Q (By Ms. Sloan) Sir, at this time after the 11 November 9th, 2011, injury for how long after that did 12 you have increased pain in that hand? 13 A 14 And then after that it just went right back. 15 same thing. 16 worse than others. 17 it did the day before. 18 if I try to do anything, that's when it hurts the worst. 19 And it will hurt for a week or two real bad after that 20 if I try to do anything. 21 down on that paper the other day, can go back to work 22 absolutely no use of the left hand. Just three days. It was worse for three days. It's a constant pain. It's the Some days it hurts Some days it doesn't hurt as bad as If I do anything with my hand, And that's what -- he wrote Where can I get a 23 job with a piece of paper that says absolutely no work 24 use with the left hand. 25 Q That paper was from Dr. Litchfield? OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 25 1 A No. 2 Q Dr. Ruffin. 3 February 7th, report? 4 A I'm talking about every one I went to. 5 Q Now, the February 7th, report he indicates that 6 you -- that you could lift up to ten pounds. 7 agree with that? 8 A 9 that one. No. That paper from Dr. Ruffin. Okay. And are you talking about the I don't know about that. Do you I don't know about All I know is absolutely no use of my left 10 hand. That's what he told me both times. 11 Q 12 your employer and they wouldn't let you continue 13 working; is that correct? 14 A 15 because I couldn't do it. 16 know, he said, did you get hurt on the job? 17 yes, sir, I did. 18 Q 19 February. 20 A 21 happened. 22 Q Were you working in February? 23 A I don't -- And your testimony is that you took the paper to No. They found out about it. And I had to quit And I didn't want -- you And I said, Dr. Ruffin did not issue this report until Were you working in February? Will you let me finish so I can tell you what Or after February? 24 MR. LITTON: 25 MS. SLOAN: February of what year? 2011. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY (By Ms. Sloan) 26 1 Q 2 employer found out about the report of Dr. Ruffin; 3 correct? 4 A I told him that I had got hurt. 5 Q And you didn't see Dr. Ruffin until February? 6 7 MR. LITTON: Your Honor, we're asking questions, we are not letting him answer. 8 9 Your testimony is that your THE WITNESS: MR. LITTON: 11 THE COURT: Q Hold on. Hold on, sir. (By Ms. Sloan) 13 14 I don't understand what she's trying to say. 10 12 But -- What's your point? Sir, your testimony is -- THE COURT: No, no, no. You're talking to me MS. SLOAN: His testimony is that he quit now. 15 16 working for the employer because they found out -- they 17 got a piece of paper where they found out that he had 18 work restrictions. 19 THE COURT: I heard all that. 20 MS. SLOAN: And his testimony was that piece 21 of paper came from Dr. Ruffin. 22 even see him until -- 23 24 MR. LITTON: saying. And Dr. Ruffin didn't I don't think that's what he's He's saying that's why he ceased working with 25 his employer. That was a long time before he saw OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 27 Ruffin. 2 MS. SLOAN: But he didn't stop working until 3 they got the restrictions. 4 wouldn't have had any restrictions from Ruffin until he 5 saw them in February. 6 working. THE COURT: 8 MR. LITTON: So I want to know when he was 7 9 10 you last work? And they didn't -- he When was he working? I think that's simple. When did Was it 2010, that you stopped working or 2011? 11 THE WITNESS: When I worked for the -- 12 THE COURT: 13 THE WITNESS: 14 MS. SLOAN: I'm talking about the welder. 15 THE COURT: When did you work for the welder? 16 THE WITNESS: Care. 2010. I ain't for sure the exact 17 month. It's been -- it was in the wintertime. 18 was going to be around probably February, January or 19 February. 20 Q (By Ms. Sloan) So it That was when you saw Dr. Ruffin? 21 MR. LITTON: 22 THE WITNESS: Well, what year? I'm not sure. I've never worked -- when I saw 23 Dr. Ruffin, I have never been -- had a job when I was 24 working with him. 25 to him. Like, when every time that I've been OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 MR. LITTON: In 2011, you got released. 2 saw Dr. Litchfield April 6th, 2011. 3 THE WITNESS: 4 MR. LITTON: 5 just a few months ago? 7 MS. SLOAN: Was it before that? THE WITNESS: 9 You Yes. 6 8 28 Or was it Just here recently. I have no further questions. REDIRECT EXAMINATION BY MR. LITTON: 10 Q Sir, you've been asked a lot about trying to get 11 medical treatment. 12 in August of 2011, and the Court ordered the Respondent 13 to pay reasonable and necessary medical; correct? 14 A Yes, sir. 15 Q You understand that you got seen by Dr. Ruffin and 16 he recommends treatment; correct? 17 A I seen him twice. 18 Q Correct? 19 A Yes, sir. 20 Q And you are aware that even though they are 21 supposed to pay reasonable and necessary, Dr. Ruffin 22 says he's only being authorized to evaluate only, not to 23 treat, even though there's a Court Order already 24 authorizing treatment? 25 A Yeah. You're aware that we came to court Because I asked him, I said, can you do OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 29 1 anything that -- can you prescribe me something besides 2 Motrin so it don't eat my liver up. 3 I could, son. 4 said, I can't treat you. 5 And he said, I wish But I'm just authorized to look. THE COURT: He Sounds like you've succeeded 6 successfully in delaying the treatment for this person, 7 Counselor. 8 MS. SLOAN: Your Honor. 9 THE COURT: Where does the adjuster get off 10 telling Dr. Ruffin that he's not authorized to treat 11 when we have an Order authorizing him to treat? 12 you're so concerned about the second opinion, why did 13 you wait until today to ask for it? 14 And if MS. SLOAN: About the recommendation for 16 THE COURT: Correct. 17 MS. SLOAN: Our position is that the doctor 15 18 19 surgery? does not recommend surgery. THE COURT: He just says -- Then why are you asking for a 20 second opinion for surgery? 21 going to get your IME. Tell you what, you're not Anything else of this witness? 22 MS. SLOAN: No, your Honor. 23 THE COURT: You can return to your seat, sir. 24 MS. SLOAN: Your Honor, may I clarify my 25 request for the IME? OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 2 THE COURT: When I ask you. Your next offering. 3 MR. LITTON: Your Honor, we have the 4 deposition of Dr. Ruffin. 5 don't know if you've marked anything. 6 We would like that to be -- I (Claimant's Exhibit No. 1 was marked for 7 identification purposes) 8 9 30 THE COURT: Exhibit 1. I have marked it as Claimant's Will there be any objection? 10 MS. SLOAN: No, your Honor. 11 THE COURT: Claimant's 1 will be admitted. 12 Your next offering. 13 14 MR. LITTON: medical offered at the time of the last trial. 15 16 THE COURT: that. I will take judicial notice of Anything else? 17 18 We would like to re-offer the MR. LITTON: No. Claimant would rest, your Honor. 19 THE COURT: Respondent's case. 20 MS. SLOAN: Thank you, your Honor. 21 Respondent would offer the emergency room medical 22 records from Tishomingo Mercy Hospital. 23 packet for the visit of November 9th, 2011. 24 25 They are a (Respondent's Exhibit No. 1 was marked for identification purposes) OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 31 1 2 THE COURT: Respondent's Exhibit 1. 3 4 MR. LITTON: Is this being offered THE COURT: It's not a report so I'm assuming historical. 7 MS. SLOAN: 8 MR. LITTON: 9 Will there be any objection? historically or substantively? 5 6 Documents described are marked as historical. Right. Yes, your Honor. I have no objection to But that obviously -- an affirmative 10 defense of an intervening injury needs a medical report 11 from a doctor stating that it has risen to the level of 12 a new injury. 13 history, I will not object to its introduction. 14 15 That certainly does not. THE COURT: But just for Respondent's 1 will be admitted. Anything else? 16 MS. SLOAN: No, your Honor. 17 THE COURT: Case submitted? 18 MR. LITTON: Well, if they have no other 19 evidence, then I don't think they have met their prima 20 facia level to even allege an intervening injury, your 21 Honor. I want to make that clear on the record. 22 THE COURT: 23 MR. LITTON: 24 MS. SLOAN: 25 Anything else? No. Nothing from the Respondent, your Honor. OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 32 1 THE COURT: Thank you. 2 (Proceedings concluded) 3 * * * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS BRAD McGAHEY 1 C E R T I F I C A T E 33 2 3 STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ) SS: ) 4 5 I, KEVIN LEE IDLEMAN, CSR for the State of 6 Oklahoma, certify that the above and foregoing 7 transcript of BRAD McGAHEY vs CHRISTIAN ALCOHOLICS AND 8 ADDICTS IN RECOVERY and NATIONAL UNION FIRE INSURANCE, 9 2010-08398-H is a true, correct and complete transcript 10 of my machine shorthand notes, taken in the above styled 11 and numbered cause. 12 13 Witness my hand and seal of office on this the 11th day of April, 2017. 14 15 16 17 18 ____________________________________ KEVIN LEE IDLEMAN, CSR Oklahoma Certified Shorthand Reporter Certificate No. 01652 Expiration date: December 31, 2017 19 20 21 22 23 24 25 OFFICIAL TRANSCRIPT - COURT OF EXISTING CLAIMS