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Munroe v. Montana Electric & Telephone Pool8/16/2001
injury; it is not liable for unrelated conditions. Claimant "has the burden of proving a causal connection [between the accident and his medical condition] by a preponderance of the evidence." Brown v. Ament, 231 Mont. 158, 163, 752 P.2d 171, 174 (1988). Claimant in this case has failed to carry her burden except with respect to her shoulder condition, a condition for which the insurer has accepted liability. Accordingly, she is not entitled to medical benefits with respect to her cervical, thoracic, and lumbar spine conditions and complaints, or for spinal surgery, or for any condition other than her right shoulder condition.
Under section 39-71-701, MCA (1995), claimant is entitled to TTD benefits only so long as she has a wage loss attributable to her injury and has not reached maximum medical improvement. The section provides in relevant part:
39-71-701. Compensation for temporary total disability -- exception. (1) Subject to the limitation in 39-71-736 and subsection (4) of this section, a worker is eligible for temporary total disability benefits:
(a) when the worker suffers a total loss of wages as a result of an injury and until the worker reaches maximum healing;
The claimant does not claim TTD benefits prior to her termination of employment with Sun River in late October 1999, and she had reached MMI by the time of her termination. She therefore is not entitled to TTD benefits.
Claimant's request for attorney fees and a penalty requires that she prevail and that she also prove that the insurer's denial of benefits was unreasonable. ยงยง 39-71-611, -612, -2907, MCA. She has done neither and therefore is not entitled to a penalty or attorney fees and costs.
JUDGMENT
None of claimant's current medical problems, with the exception of her shoulder condition, was caused by the May 16, 1997 injury , and she reached maximum medical improvement with respect to her shoulder prior to losing work. Therefore, the insurer is not liable for the surgeries proposed by Dr. Lee Finney or for any other treatment related to claimant's neck, thoracic and low-back conditions, or for any condition other than the shoulder condition. It is also not liable for TTD benefits or for attorney fees, costs, and a penalty. Her petition is dismissed with prejudice.
Any party to this dispute may have 20 days in which to request a rehearing from these Findings of Fact, Conclusions of Law and Judgment.
This JUDGMENT is certified as final for purposes of appeal pursuant to ARM 24.5.348.
DATED in Helena, Montana, this 16th day of August, 2001.
c: Mr. William O. Bronson
Mr. Michael P. Heringer
Ms. Lisa A. Speare
Date Submitted: April 23, 2001
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