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Hiett v. Montana Schools Group Insurance Authority9/6/2001
s she felt she had no future. (Id. at 751.) Dr. Sable later diagnosed her as suffering anxiety and depression (id. at 752-55), and opined that her depression was related to her pain and her inability to work as a janitor for the School District (id. at 96). Based on Dr. Sable's opinion, MSGIA accepted liability for psychotropic medications. (Id. at 188.) Dr. Noel L. Hoell, a psychiatrist, who examined claimant in January 1997 at MSGIA's request, provided further verification that claimant's depression was related to her industrial accident. (Id. at 775.)
In December 1996, the School District notified claimant that her employment was being terminated effective January 3, 1997. (Id. at 97-98.)
In January 1997, claimant began receiving Social Security Disability (SSD) benefits retroactive to September 1996. (Id. at 200.)
Meanwhile, a vocational consultant for MSGIA prepared a number of job analyses for jobs she felt were appropriate for claimant. Several of the job descriptions - para-educator/student supervisor, school crossing guard, and motel cleaner - were approved in September 1996 by Dr. Sable without conditions. (Id. at 137, 156, 161.) Others were approved on either a trial basis or with modifications and comments. (Id. at 144, 151, 167, 172, 183.) The approved jobs paid from $4.49 to $5.63 per hour. Claimant had been earning over $10.00 an hour as a custodian. (Id. at 24, 90.)
Based on Dr. Sable's MMI determination and his approval of alternative jobs, on October 14, 1996, MSGIA terminated claimant's temporary partial disability (TPD) benefits. (Id. at 80-81.) It tentatively calculated her permanent partial disability (PPD) entitlement at 26%, or $17,290. (Id. at 81.) However, an impairment rating was not available at that time. It also notified claimant that she might be entitled to rehabilitation benefits. (Id.)
Claimant received impairment ratings from both Dr. Sable and Dr. David C. Gray, a chiropractor. Dr. Sable's rating was 2% (id. at 744) and Dr. Gray's was 32%. (Id. at 195.)
Negotiations over the claimant's entitlement to PPD and rehabilitation benefits commenced in January 1997. (Id. at 198.) By that time, claimant was represented by counsel, who proposed a $39,235 settlement. (Id.) After an exchange of offers and counteroffers (id. at 206-13), in July 1997, the parties entered into a settlement agreement compromising the claim for the sum of $27,930. (Id. at 230.) The agreement, which was approved by the Department of Labor and Industry (Department), closed rehabilitation benefits but reserved medical benefits. (Id.) The reservation of medical benefits reads, "Further medical and hospital benefits are reserved by the claimant." (Id., emphasis in original.)
At the time of the settlement, the claims adjuster for the School District had the following information about claimant's employment situation:
A Claimant's modified job with the School District had been terminated six months previous without any indication to the claims adjuster of re-employment or any inquiry by the claims adjuster into claimant's efforts to find a job. (Ex. 1 at 97, 186.)
B Claimant had been offered a lunch co-hostess position by the School District in the fall of 1996 but turned the position down. (Id. at 190.) (Claimant testified that the position was only two hours a day.) There were also a number of crossing guard, noon duty aide, and co-hostess jobs with the School District which were available during the last four months of 1996 but claimant did not apply for them. (Id. at 188.) She did apply for but did not get a full-time hall monitor job because she was not qualified for the position. (
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