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Best v. State Fund5/3/1996
53 St.Rep. 405
Submitted on Briefs March 14, 1996.
Dennis O. Best, Sr. (Best) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court denying his claim for permanent total disability benefits for a 1993 work-related injury . We affirm.
The dispositive issue on appeal is whether the Workers' Compensation Court's finding that Best's permanent total disability predates his 1993 work-related injury is supported by substantial credible evidence.
Best originally injured his back on September 9, 1986, while employed as a carpenter in Issaquah, Washington. Approximately three days later, Best was examined by Dr. Richard Vande Veegaete, a chiropractor practicing in Billings, Montana. Dr. Vande Veegaete diagnosed Best as having L4-L5, L5-S1 disc degeneration and dysfunctional lumbar disc syndrome with a bilateral sciatic radiation. Best received temporary total disability benefits for his 1986 injury from September 1986 through April of 1991, and settled his claim in August of 1992.
Best exacerbated his back injury several times between 1986 and 1993. In 1988, after Best and a friend moved a sofa, Best developed acute low back pain which caused him to drop to his knees. In 1989, Best experienced reactivated acute low back pain after helping a friend can beets.
In 1988, Best worked as a cook for about one month at the American Legion Post 4 in Billings, Montana. Due to severe back pain which prevented him from performing his work duties, Best quit that job . In 1990, Best worked as a cook for approximately two months at the Argonaut Supper Club in Harlowton, Montana. As was the case with his American Legion job, Best had to quit his job at the Argonaut Supper Club because of severe back pain.
Best applied twice to the United States Department of Health and Human Services, Social Security Administration (SSA) for social security disability benefits. His 1988 application was denied. Best refiled with the SSA in February of 1991. Following a series of denials, the SSA determined in 1993 that Best was disabled and entitled to benefits dating back to September 9, 1986.
In November of 1992, Stockman's Bar and Cafe (Stockman's) in Rapelje, Montana, hired Best to cook and tend bar and his wife, Linda Best, to wait tables. Stockman's paid the couple a total of $1,200 a month and provided them a trailer in which to live as additional compensation. On June 18, 1993, while working at Stockman's, Best "bumped" his hip on a table and fell to the floor. Dr. Vande Veegaete examined Best approximately one week later and diagnosed him with L5-S1 intervertebral disc syndrome, reoccurring left sciatica and chronic reoccurring low back pain. Best quit his job at Stockman's on June 30, 1993.
Best filed a workers' compensation claim in July of 1993. The State Compensation Insurance Fund (State Fund), Stockman's workers' compensation insurer, accepted liability for Best's medical claim but denied liability for permanent total disability benefits. In July of 1994, Best petitioned the Workers' Compensation Court for permanent total disability benefits. After a hearing on Best's claim, the Workers' Compensation Court found that Best has been permanently totally disabled since 1991 and, on that basis, denied Best permanent total disability benefits for his 1993 injury . Best appeals.
Is the Workers' Compensation Court's finding that Best's permanent total disability predates his 1993 work-related injury supported by substantial credible evidence?
The law in effect at the time of a work-related injury governs the determination of workers' compe
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