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Munroe v. Montana Electric & Telephone Pool8/16/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on March 27, 2001, in Great Falls, Montana. Petitioner, Alexis Munroe (claimant), was present and represented by Mr. William O. Bronson. Respondent, Montana Electric & Telephone Pool, was represented by Mr. Michael P. Heringer and Ms. Lisa A. Speare. A trial transcript has not been prepared.
Exhibits: Exhibits 1 through 15 were admitted without objection.
Witnesses and Depositions: Claimant and Vonda Fifield testified at trial. The parties submitted the depositions of claimant and Drs. Nicholas Bonfilio, Ronald Peterson, Stuart Goodman, Lee Finney, and Paul Gorsuch for the Court's consideration.
Issues Presented: The issues stated in the Pre-Trial Order are as follows:
1. Whether the Petitioner's current medical problems, including, but not limited to, pain and discomfort in her thoracic and low back and neck, were caused by the May 16, 1997 injury ?
2. Whether the medical treatment requested by Petitioner, including surgery of her cervical, thoracic and low back, is related to the May 16, 1997 injury ?
3. Whether the Respondent/Insurer is liable for payment of medical expenses associated with the problems identified in Issue No. 1 above?
4. Whether the Petitioner is temporarily totally disabled as result of the medical conditions described in Issue No. 1 above, and if so, whether she is entitled to temporary total disability benefits?
5. Whether the conduct of the Respondent/Insurer in this matter has been unreasonable, thus entitling Petitioner to a penalty on any benefits awarded, as well as attorney's fees and costs?
Having considered the Pre-Trial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the depositions, and exhibits, the Court makes the following:
FINDINGS OF FACT
Claimant is 48 years old. Over the years, she has worked as a secretary, gas station attendant, bartender, waitress, in construction, for a floral shop, and as a meter reader. (Ex. 9 at 1.) She has also helped her husband in his yard business as recently as the spring of 2000. (Munroe Dep. at 5.) Claimant began working as a rural meter reader for Sun River Electric Cooperative, Incorporated (Sun River) in 1987 and continued working at that job for over 12 years. The work was part time, involving two to three days work per month. (Ex. 12; Munroe Dep. at 33.) This matter arises from a fall claimant had on May 16, 1997, while working as a meter reader with Sun River.
Medical History - Background
Prior to her 1997 industrial accident, claimant had an extensive and long history of back, leg, and neck pain. Her history provides background to her current complaints and the medical opinions rendered in this case. I therefore will summarize it before turning to the 1997 accident.
Claimant suffered a left ankle injury on August 2, 1982 and thereafter underwent tarsal tunnel surgery in 1983. (Ex. 5-H at 12.) Nonetheless she continued to report leg pain into and including 1986. (Exs. 5-I and 5-J.) In 1985 one physician - Dr. Dennis W. Dietrich, a neurologist - commented that he was "unable to find a clear etiology for the patient's left leg pain" and that "sensory disturbance does not correspond to the normal anatomic distribution for any roots or peripheral nerves." (Ex. 5-I at 2.) He went on to say that " he sharp upper border suggests that the sensory changes are non-organic" and characterized claimant as suffering from "chronic pain syndrome." (Id.)
By June of 1986 claimant's pain comp
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