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Stacks v. Travelers Property Casualty3/1/2001
ont. 283, 294, 915 P.2d 863, 870 (1996), which held that the Coles' criteria are inapplicable once a claimant has returned to work. Here, Stacks returned to work on May 10, 1997, thus cutting off any of the State Fund's liability for continued temporary total disability benefits.
JUDGMENT
1. Travelers is liable for medical expenses relating to Stacks' low-back condition for the 12 weeks following his May 10, 1997 fall at the Lewis and Clark County Landfill. The State Fund is liable for any subsequent medical expenses for Stacks' low-back condition.
2. Travelers is liable for all temporary total disability benefits paid to Stacks following his May 10, 1997 fall at the Lewis and Clark County Landfill.
3. Travelers is liable for and shall pay for all medical expenses related to Stacks' cervical spine treatment incurred on and after May 10, 1997, including the 1997 and 1998 cervical surgeries.
4. Travelers is not entitled to indemnification for benefits it has paid Stacks.
5. This JUDGMENT is certified as final for purposes of appeal pursuant to ARM 24.5.348.
6. Any party to this dispute may have 20 days in which to request a rehearing from these findings of fact, conclusions of law and judgment.
DATED in Helena, Montana, this 1st day of March, 2001.
c: Mr. John C. Doubek
Ms. Sara R. Sexe
Mr. Greg E. Overturf
Submitted: May 9, 2000
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