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Stacks v. Travelers Property Casualty3/1/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Claimant, Ronnie Stacks (Stacks), filed a petition for hearing against both Travelers Property Casualty (Travelers) and the State Compensation Insurance Fund following a fall at work on May 10, 1997. Claimant had previously suffered work-related injuries in 1991 and 1993. The State Fund was liable for both of the prior injuries and had settled the 1991 claim on a full and final compromise basis, however, it remained liable for the 1993 injury . The claimant's petition requested the Court to sort out liability between Travelers and the State Fund.
Subsequent to the filing of the petition, both Travelers and the State Fund settled with claimant.
State Fund's settlement of the 1993 claim was approved by the Department of Labor and Industry (Department) on December 22, 1999. (Ex. 76 at 1.) Terms of the settlement included payment of $80,000 to Stacks. Medical benefits were reserved (id.), thus, the settlement did not cut off the State Fund's liability for medical treatment attributable to the 1993 industrial accident.
Traveler's settlement with the claimant was approved by the Department on April 11, 2000. Pursuant to the settlement, Travelers paid $12,500 to Stacks. (Ex. 75 at 1.) As with the State Fund settlement, medical benefits were reserved, thus Travelers continues to be liable with respect to future medical expenses payable on account of claimant's 1997 injury . The settlement also preserved Travelers' claims for indemnification from the State Fund for any of the benefits it had paid or would pay to Stacks in the future.
The parties notified the Court of the settlements. The issues remaining following the settlements concern liability between the two insurers.
A trial concerning the remaining issues was held May 9, 2000, in Helena, Montana. Travelers was represented by Ms. Sara R. Sexe. State Fund was represented by Mr. Greg E. Overturf. Ronnie Stacks participated only as a subpoenaed witness. A trial transcript has not been prepared.
Exhibits: Exhibits 1 through 46, and 50 through 81, were admitted without objection. Exhibits 47 through 49 were withdrawn.
Witnesses and Depositions: Ronnie Stacks, Denise Stacks, and Edward R. Tinker, Jr. testified at trial. The parties agreed that the depositions of claimant, Denise Stacks, Dr. Paul Gorsuch, Dr. Allen Weinert, and Dr. Jorge I. Ramirez, would be considered part of the record. The Court was present at the depositions of Dr. Paul Gorsuch and Dr. Allen Weinert.
Issues: Based on the issues set out in the pretrial order, and the arguments of the parties in connection with the issues, the Court restates the issues as follows:
1. Whether claimant's May 10, 1997 fall was caused by a pre-existing medical condition for which the State Fund is liable, more specifically, whether his pre-existing condition caused his leg to give way, thereby causing him to fall?
2. If so, whether the State Fund, rather than Travelers, is liable for all injuries and aggravations ensuing from the fall?
3. If the State Fund is not responsible for or liable on account of the claimant's 1997 fall, did his 1997 fall aggravate either or both of claimant's pre-existing neck and low-back conditions?
4. If the 1997 fall aggravated either or both conditions, were the aggravations permanent and material?
5. Based upon the answers to the foregoing issues, is Travelers entitled to indemnification for any of the benefits it has paid claimant and which insurer is responsible for future medicals expenses?
Having considered the pretr
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