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Thompson v. Montana State Fund2/25/2004
rber, attorney for Liberty, to Susan Bulman, Court Reporter, copy in Court file, emphasis added.) As can be seen from the above descriptions, two of the claims are specifically for back injuries. Those two claims (5-22-98 and 11-8-99) are plainly relevant to the State Fund's continued liability for the claimant's 1996 claim. If he suffered one or more material aggravations to the same body part injured in 1996, the State Fund is relieved altogether of liability for continued treatment of his low back. Belton v. Carlson Transport, 202 Mont. 384, 658 P.2d 405 (1983).
The November 23, 1999 claim is also relevant. Though the injuries are described as "bruised right thigh, neck/shoulder contusion," the described injuries followed a fall in which the claimant hit "various parts of his body, especially his right leg, right shoulder, and head." Thompson v. Norwest Liberty Ins. Corp., 2002 MTWCC 34, 8. A fall of that sort could involve injury to the back though not reported initially. Since the medical records for that case may lead to "discovery of admissible evidence," the file for that claim is also discoverable.
The descriptions of the injuries for the other three claims do not indicate that the medical information in those files may lead to discoverable evidence. The claimant's objections to the production of those files are therefore sustained but without prejudice to the State Fund renewing its request for the files if it has additional information indicating their possible relevancy. The State Fund is may also request for an in camera review of the files to determine relevancy.
With respect to the files which are discoverable, the claimant, of course, has a choice: He does not have to pursue his petition. In that light, if he does not agree to disclosure of the three files within seven (7) calendar days of this Order, I will vacate the trial date and stay all further proceedings until such time as he does agree to disclosure of the files. That will provide him an opportunity for appeal if he so wishes. I suggest he read Bowen for further guidance as to his right to appeal. In the event he agrees to disclosure, the three files will be released to the State Fund.
ORDER
The Liberty claim files relating to the May 22, 1999, November 8, 1999, and November 23, 1999 claims filed by the claimant are discoverable. Claimant shall notify the Court within seven (7) calendar days of this Order whether he agrees to the disclosure of the files to the Montana State Fund. If he does not, then the trial date shall be vacated and this matter shall be stayed until such time as he authorizes the disclosure or until otherwise ordered by the Montana Supreme Court.
This Order is certified as final for purposes of appeal.
Mike McCarter JUDGE
Mr. Lennie J. Thompson
Mr. Thomas E. Martello
Submitted: January 12, 2004
Attachment: Motion to Deny the State Fund Access to Medical Findings and Records
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