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Jones v. Reliance National Indemnity Company3/17/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 17, 1998, in Butte, Montana. Petitioner, Frank R. Jones (claimant), was present and represented by Mr. Kurt Krueger. Respondent, Reliance National Indemnity Company (Reliance), was represented by Ms. Sara R. Sexe.
Exhibits: Exhibits 1 through 18 were admitted without objection.
Witnesses and Depositions: Claimant, Sarah Jane Jones, Stephen Loomis, D.C., Lewis Wilson, Patricia Hink, and Diane Nelson were sworn and testified. In addition, the parties agreed that the Court may consider the depositions of claimant and Sarah Jane Jones.
Issues Presented: As set forth in the PRETRIAL ORDER, the following issues are presented for decision:
1. Whether or not Petitioner is entitled to additional permanent partial disability benefits for each of his injuries dated August 24, 1991, April 27, 1987, August 12, 1985, and June 2, 1983. [FIRST REPORT OF INJURY (Ex. 15) supports these dates.]
2. Whether Respondent is entitled to an overpayment credit for the social security benefits paid to Petitioner.
3. Whether or not the insurer's conversion to permanent total benefits from temporary total benefits under the August 24, 1991, injury was appropriate.
4. If it is determined that the Petitioner is not permanently totally disabled, is the Respondent entitled to a credit for the permanent total disability benefits paid.
5. Whether Petitioner is entitled to his attorney's fees and costs.
Having considered the PRETRIAL ORDER, the testimony presented at trial, the demeanor and credibility of the witnesses, the depositions and exhibits, and the parties' arguments, the Court makes the following:
FINDINGS OF FACT
Claimant is 67 years old. He completed the seventh grade.
From the ages of 14 to 20, claimant worked various jobs in the Butte area. When he was 20, claimant went to work as a laborer building the Victor Chemical Plant (Victor). Claimant helped build the plant in which he was to work for the next forty years.
Victor was eventually sold to Stauffer and then to Rhone-Poulenc (Rhone). Claimant remained employed at the plant through each of the transfers of ownership. He has no other significant employment other than his work at the plant.
Over the course of his career, claimant worked as a general laborer, a shovel operator, a switch man, a hoist operator, and finally as an engineer. He was promoted to engineer in 1978 and worked in that capacity until 1991, when he retired. At the time of his retirement, claimant was 60.
All of claimant's jobs were physically demanding. Even as an engineer, he was often required to lift 100 pounds. His work history demonstrates a strong work ethic.
Throughout his career, claimant suffered multiple work-related injuries.
Work-Related Injuries and Related Medical Treatment
In 1971 claimant was severely injured while working in a slag pit. He was forced to jump from the machine he was operating into three feet of boiling water, suffering burns to his hands and legs. He later developed phlebitis in his right leg. He also strained his back, however, that injury was insignificant. He testified that he had a sore back for about a month but his soreness resolved.
Between 1971 and 1983, claimant sought occasional chiropractic treatments for his back. (Ex. 9 at 003.) Given the physical demands of his job , this history does not strike the Court as unusual.
On June 2, 1983, the claimant suffer
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