 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rockett v. Travelers Insurance Company3/13/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter commenced on August 26, 2002, at the offices of Linnell, Newhall, Martin & Schulke, P.C., in Great Falls, Montana, with the testimony of Dr. Patrick Galvas. Trial continued in the Commission Chambers, Civic Center, in Great Falls, Montana, on September 13, 2002. Petitioner, Marilyn Rockett (claimant), was present and represented by Mr. Richard J. Martin. Respondent, Travelers Insurance Company (Travelers), was represented by Mr. Thomas A. Marra.
Exhibits: Exhibits 1 through 24 were admitted without objection.
Witnesses and Depositions: Claimant and Dr. Patrick Galvas testified. In addition, depositions of claimant, Dr. Dale M. Schaefer, and Juanita Hooper Addy were submitted to the Court for its consideration. Dr. Galvas' testimony was also transcribed.
Issues Presented: The issues as set forth in the Pretrial Order are:
Whether Petitioner/Claimant is permanently totally disabled. Petitioner/Claimant's entitlement to ongoing medical treatment including prescriptions and doctor visits. Whether Petitioner/Claimant is entitled to an award of attorney fees, costs as well as a 20% penalty for Respondent/Insurer's unreasonable refusal to convert her benefits to permanent total disability and refusal to pay for ongoing medical treatment. (Pretrial Order at 2.)
Having considered the Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the depositions and exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF FACT
Claimant is forty-seven years old and has a ninth grade education. She has worked as a fast food worker , waitress, nurses aide, supervisor and manager for fast food, and shoe manager.
Claimant worked as a manager in the restaurant and fast food businesses for approximately thirteen and one half years. Her managerial experience includes hiring, firing, and scheduling of employees, and doing the banking. She did not do payroll or bookkeeping.
Claimant's last job was as manager of Medesco Shoes, which is an independent seller of shoes operating in K-Mart stores. She was in charge of shipping, receiving, and stocking at the Great Falls K-Mart.
On April 9, 1999, she was sent by her employer to help out at the Butte K-Mart store. She was stocking shelves at the Butte store when she felt pain in her left arm and shoulder while lifting 30 to 55 pound cartons of shoes. (Ex. 1; Rockett Dep. at 14-15.) Her arm pain thereafter continued and increased to the point she could hardly move her left shoulder or head. (Rockett Dep. at 16.) However, she continued working for another couple of months until she could not bend over to put her shoes on. (Id.) It was at that point that claimant sought medical care. (Id.)
Claimant was subsequently diagnosed with a C-7 radiculopathy stemming from a herniated disk at the C6-7 in her neck. (Ex. 3 at 14, 35.) On November 18, 1999, claimant underwent a diskectomy and fusion at the C6-7 level. (Id.)
Dr. Dale M. Schaefer, a neurosurgeon, performed the surgery. (Id. at 14.) Subsequent to the surgery, claimant tried to return to work but experienced neck and arm pain. (Id. at 56.) Dr. Schaefer took her off work again and on January 11, 2000, he referred claimant to Dr. Patrick E. Galvas, a board certified physiatrist (specializing in physical and rehabilitation medicine), for follow-up care. (Id.)
Dr. Galvas saw claimant for the first time on March 6, 2000 (Ex. 4 at 1), and he has continued to treat her since that time.
<
Page 1 2 3 4 5 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|