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Maddalena v. Indemnisty Insurance Company of North America2/27/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on August 12, 2002, in Helena, Montana. Petitioner, Richard Maddalena (claimant), was present and represented by Mr. Geoffrey C. Angel. Respondent, Indemnity Insurance Company of North America (Indemnity), was represented by Mr. Leo S. Ward.
Exhibits: Exhibits 1 through 5, 9 and 10 were admitted without objection. Exhibits 6 through 8 and 11 were admitted over relevance objections but will be considered only to the extent that they are in fact relevant.
Witnesses: Todd Long, Mary Kay Yeley, Kim Strozewsky and claimant testified at trial. No depositions were submitted.
Issues Presented: The issues as set forth in the Final Pretrial Order are:
1. Whether Richard Maddalena [claimant] suffered an industrial injury on September 24, 1999?
2. Whether Richard Maddalena reported his industrial injury within 30 days?
3. Whether Richard Maddalena failed to file his claim within 12 months of the date of injury ?
Having considered the Final Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF FACT
Claimant was employed by Big R Ranch and Home Supply (Big R) on August 30, 1999, as a "stocker." His job required heavy lifting. For example, he was required to lift railroad ties, which could weigh in excess of 100 pounds, and bales of hay, which could weigh up to 80 pounds.
Claimant is seeking workers' compensation benefits based on an alleged injury to his back on September 24, 1999. According to claimant, he injured his back when he fell off a row of hay bales which he was picking up for his employer, Big R.
His testimony and medical records also indicate he claims to have suffered a prior back injury at Big R while moving a heavy spool of wire, however, he is not seeking benefits with regard to that alleged injury.
On September 24, 1999, Big R was insured by Indemnity which has denied liability for the claim.
Claimant testified that on September 24, 1999, he arrived at work in the morning and that he and a co-worker - Brian Duneman (Duneman) were sent to pick up hay and straw and transport it to Big R where it was to be sold. According to claimant, he and Duneman loaded hay into Duneman's truck, then, while cleaning up a row of hay bales, he fell approximately twelve feet (12'), landing on his feet. Claimant said he immediately experienced severe pain and had to be helped by Duneman back to the truck.
Duneman did not testify at trial.
Claimant further testified that upon arriving back at Big R he told his supervisor, Todd Long (Long), that he was going to go to a chiropractor. When asked whether he told Long about the alleged accident he testified that he "assumed he did" but had no specific recollection of doing so. Upon redirect, he changed his testimony and testified positively that he did tell Long about the accident.
At the time of trial, Long was no longer working for Big R. He acknowledged that claimant told him he was going to a chiropractor but denied that claimant told him he was injured on the job . According to Long, the conversation took place before the store opened and that the claimant had done no work before the conversation.
Having observed claimant's and Long's testimony, I find Long the more credible witness. I note claimant's lack of specific recollection of reporting the accident when he testified on direct examinati
Page 1 2 3 Montana Personal Injury Attorneys
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