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Hand v. Royal Insurance Company of America12/19/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on June 28, 2002, in Helena, Montana. Petitioner, Pamela Ann Hand (claimant), was present and represented herself. Respondent, Royal Insurance Company of America (Royal Insurance), was represented by Mr. Robert E. Sheridan.
Exhibits: Petitioner's exhibits 1 through 3, 6, 9,13, and 15 were admitted over respondent's objections. Petitioner's exhibits 4, 5, 7, 8, 10 through 12, 14, and 16 through 21 were admitted without objections. Petitioner was queried regarding exhibit 18, and she then supplied various documents for that exhibit. The documents were admitted without objection except as to a patient brochure regarding neck surgery, which appears to be interesting but irrelevant to the issues in the case. Respondent's exhibits 1 through 4, 6 through 10, 12, 20, and 22 were admitted over objections of the petitioner. Exhibit 5 was determined not to be the medical records of the petitioner and were ordered by the Court to be removed from the Court's exhibit notebook and destroyed. Each party was also directed to do the same. Respondent's exhibits 11, 13 through 19, 21, 23, and 24 were admitted without objections. After reviewing the exhibits, I have determined that petitioner's exhibits 1 through 3 are documents pertaining to procedural matters in this Court. As such they are irrelevant to the merits of the petition.
Witnesses and Depositions: Claimant, her mother (Virginia Hand), and Sandy Scholl testified at trial. In addition, the parties submitted the depositions of claimant and Dr. Allen M. Weinert to the Court for its consideration.
Issues Presented: The issues as set forth in the Pretrial Order are:
1. Whether Petitioner/Claimant current medical condition and disability are a result of her July 2, 2001 work related injury.
2. Whether Petitioner is entitled to reinstatement of temporary total disability benefits beyond the time when they were terminated pursuant to notice from Respondent.
3. Whether Petitioner is entitled to payment for the expenses associated with the surgery performed by Dr. Rizzolo in Billings, Montana in August of 2001.
4. Whether Petitioner is entitled to receive travel reimbursement for her trips to Billings for evaluation and surgery by Dr. Rizzolo. (Pretrial Order at 2.)
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
Claimant is presently 43 years of age and is a high school graduate.
In December 1999 claimant went to work for Washington Inventory Services (Washington) as an inventory specialist. (Hand Dep. at 14-15.)
On July 2, 2001, claimant was working in Lewistown, Montana on an inventory job for Washington. (Id. at 15.) While working that day, and while in the course of her employment for Washington, she stepped backwards from a garage where she was conducting an inventory onto an area of an unfinished driveway approximately one foot lower than the garage. (Uncontested Fact 1; Hand Dep. at 18-19.) She landed on her feet and did not fall. (Id. at 19.) As she put it, "I just kind of went "clunk."' (Hand Dep. at 19.) She continued working after the incident but felt pain in her mid-back. (Id. at 19-20.) Later on that day, claimant felt tightness in her back and experienced difficulty breathing. (Id. at 20-2; Ex. 7 at 18.)
Upon finishing work that day, claimant drove home to Helena. (Hand Dep. at 23.) She never r
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