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Scozzari v. Montana Schools Group Insurance Authority2/17/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on January 29, 2004, in Billings, Montana. Petitioner, Linda Scozzari (claimant), was present and represented by Mr. R. Russell Plath. Respondent, Montana Schools Group Insurance Authority (MSGIA), was represented by Mr. Leo S. Ward.
Exhibits: Exhibits 1 through 4 were admitted without objection.
Witnesses and Depositions: Linda Scozzari, Michael Sullivan, and Deborah Strizich testified. No depositions were taken or submitted.
Issues Presented: The Court restates the issues as follows:
a Did the claimant submit a written claim with respect to a November 17, 2000 fall at work to her employer within the one year required by section 39-71-601(1), MCA (1999)?
b If not, should the one-year filing requirement be waived?
Having considered the Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF FACT
At the times material to this petition, the claimant was a teacher at Lockwood Middle School in Billings, Montana. She teaches Spanish.
On November 17, 2000, claimant fell on ice at work. Her fall occurred outside the school pod where her classroom was located. The fact of her fall is undisputed.
Claimant landed on her knees. She suffered a laceration of the left knee, which bled. Claimant was shaken up and required assistance in getting up and going to her classroom.
Michael Sullivan (Sullivan), the school's principal, was notified of the fall, went to the claimant's classroom, and visited with her. He urged the claimant to go to the emergency room at the hospital; she declined. At trial she testified she did not want medical care or workers' compensation because of a prior bad experience with workers' compensation. The details of the prior claim were not provided to the Court and are not material to the present case. The important fact is that on account of her prior experience with workers' compensation the claimant did not want to seek medical care or pursue a workers' compensation claim.
On November 18, 2000, Sullivan had a further conversation with the claimant and told her she should fill out a report even if she declined medical care. He gave her a First Report of Injury to fill out. Claimant admitted at trial that she still did not want to file a report.
On April 25, 2003, the claimant underwent arthroscopic surgery on her left knee for a medial meniscus tear and osteoarthritis. (Ex. 4 at 73.)
The Lockwood School District has no record of receiving a written claim from the claimant. A First Report of Injury was filed on July 8, 2003, by the School District after the claimant had surgery on her left knee and the claimant had notified Deborah Strizich (Strizich), the administrative secretary for the school district, of her surgery and asked for a claim number.
Claimant testified that on November 18, 2000, she filled out the form and left it in Sullivan's in-box in the middle school's administration office. According to claimant, neither Sullivan, his secretary, nor anyone else was in the office when she left off the claim. Claimant testified that Sullivan's in-box was just inside and next to the door of his secretary's office.
Sullivan testified credibly that his in-box was never inside the door of his secretary's office but was always behind her desk, and that a written claim from claimant was never left in his box. He also testified that u
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