 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Markovich v. Helmsman Management Services1/31/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Billings on October 17, 2002. Petitioner, Nicholas Markovich (claimant), was present and represented by Mr. Paul E. Toennis. Respondent, Helmsman Management Services, Incorporated, was represented by Mr. William J. Mattix.
Exhibits: Exhibits 1, 2, 4, 5, and 7 were admitted without objection. Exhibit 3 was withdrawn. Exhibit 6 was not offered.
Witnesses and Depositions: Claimant and Terry Ruff testified. The parties have also submitted depositions of Randolf P. Michael, Dr. John I. Moseley, and Dr. Dean C. Sukin for the Court's consideration.
Issues Presented: The sole issue presented for decision is whether the claimant's low-back condition is causally related to his September 22, 1999 industrial injury.
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
The claimant was a credible witness.
On September 22, 1999, the claimant was working as a pipe-fitter helper for Cennex Harvest State Cooperative (Cennex) at its Laurel, Montana refinery. He was working on the ground level, while another worker was working above him. The worker above him dropped a hydraulic torque wrench weighing 20 pounds. The wrench fell a distance of 8½ to 10½ feet before striking claimant on the head. Claimant was wearing a hard hat and the wrench struck the left backside of the hat, knocking it off.
The claimant saw stars, although he remained conscious. He ultimately fell to the right and onto the ground. He felt dazed and numb and was unable to get up. Apparently out of fear of a neck injury, medics placed him on a backboard and transported him to St. Vincent Hospital in Billings. At the hospital claimant complained of "pain to the back of the head and to the neck." (Ex. 2 at 2.) The severity of his head and neck pain is indicated by the fact that he "required titrated doses of morphine to get his pain under control." (Id.) Cervical x-rays and a CT scan were done but were within normal limits. (Id.) He was discharged with restrictions allowing him to return to work in a sedentary position within a few days but not to full duty for at least a couple of weeks. (Id. at 3.)
Claimant thereafter treated his pain with medication and ice, but returned to work the next day. He initially was assigned to the Cennex office but did no actual work for the first two days. Thereafter, he performed office work, mainly filing.
A week and a half after the accident, claimant was assigned by Cennex to a light-duty inventory job which required walking, much of it on cement. After one hour the claimant noted that his back hurt. His pain was in his low back, buttocks, and down at least one leg into the calf and heel. His pain was alleviated by sitting down.
Claimant's low-back pain is mentioned in a physical therapy note of October 7, 1999, which was two weeks after the accident and shortly after the claimant began his inventory duties. (Id. at 57.) Physical therapy had been prescribed for claimant's neck (id. at 44) , but on October 7th the therapist wrote:
Pt [patient] stated that his neck & Shl [shoulder] are feeling better but his back has really been aching. "I think it's probably from standing on that cement floor all day at work." (Id. at 57, emphasis added.)
The physical therapy notes mention back pain again on October 21and October 25, 1999, indicating that it is "better" wh
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.
|
|