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Alocco v. Cigna Insurance6/2/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on January 12, 1999, in Great Falls, Montana. Petitioner, Carl Alocco (claimant), was present and represented by Mr. Cameron Ferguson. Respondent, CIGNA Insurance (CIGNA), was represented by Mr. G. Andrew Adamek.
After a short colloquy, the Court and counsel agreed that the testimony of Keeley Wrzesinski, D.C., Melchisedek L. Margaris, M.D., and Paul L. Gorsuch, Jr., M.D. should be taken at a later time. The Court then proceeded to hear the testimony of lay witnesses. The medical testimony was taken during the week of March 29th, 1999.
The testimony taken on January 12th has not been transcribed. The medical testimony has been transcribed.
Exhibits: Exhibits 1 through 11 were admitted at trial without objection. Exhibits 12 through 14 were admitted later during the medical testimony with the proviso that they are not considered for the truth of their contents.
Witnesses and Depositions: Carl Alocco, Helen Alocco, Mark Johnson, Raymond Eugene Peters, Rudell Robinson, Glen Nadeau, and Bill Hinrichs were sworn and testified at trial on January 12 th . The testimony of Drs. Wrzesinski, Margaris, and Gorsuch was taken during the week of March 29 th .
Issues Presented: The following issues, as restated by the Court, are presented for decision:
1. Is claimant's surgery of May 1997, and all medical treatment related to that surgery, a result of his industrial injury of July 24, 1995?
2. Is claimant entitled to additional temporary total disability benefits, and if so in what amount?
Having considered the PRE-TRIAL ORDER, the testimony presented at trial, and the medical testimony taken post-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
The issue in this case is whether a herniated disk which presented in March 1997 is related to a July 24, 1995 low-back strain claimant suffered at work.
At the time of the July 24, 1995 industrial injury claimant was 44 years of age.
Claimant's time-of-injury job was as a mechanic and machinist with Montana Refining Company (Refinery). His job involved heavy labor. In the past he has worked as a millwright, which involves mechanical work, a welder, and a mechanic.
On July 24, 1995, the claimant was injured in the course and scope of his employment. (Uncontested Fact 1.) He was using a rachet wrench to loosen a bolt on a pump. The bolt snapped, causing him to fall sideways and backwards. He felt immediate pain in the small of his back and in his right hip and heel.
There is no dispute regarding the injury. Claimant timely filed a CLAIM FOR COMPENSATION and it was accepted by CIGNA, which insured Refinery.
Medical Treatment from July 25 to August 18, 1995
Claimant sought treatment the day after his injury. On July 25, 1995, he was examined by Dr. Melchisedek L. Margaris, who is board certified in family practice. Dr. Margaris noted that claimant was "very uncomfortable and reports that he cannot sit, stand, or lay down for very long because of his pain." (Ex. 3 at 7.) The doctor diagnosed an " cute right-sided sacroiliac strain with lumbosacral strain" and prescribed pain medication and a muscle relaxant. (Id.) He also referred claimant to physical therapy and took him off work. (Id.)
Dr. Margaris testified that, in his medical opinion, on July 25, 1995, the claimant was suffering from sacroiliac (SI) joint stra
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