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McGuin v. State Compensation Insurance Fund12/16/1999
cue II school. He participated in dives in a lake (up to 10 feet), rappelling off a bridge, and a free float in a river near Bozeman, Montana. (McGuin Dep. at 16-17.) It was during the float that claimant alleges he was injured.
Claimant testified at trial about the float. Garbed in a wet suit, swim fins, and goggles he walked into the river and laid on his back until he floated. He floated on his back approximately 100 feet when he began feeling a loss of balance. He terminated his float and swam to shore. He did not swim underwater. He does not recall experiencing ear pain. After the float, he was able to drive himself home.
Claimant's diving instructor was Steven Linton (Linton). Claimant told Linton why he aborted the float.
Claimant reported that he did not complete the float requirement for Dive Rescue II to his supervising lieutenant. (McGuin Dep. at 24.) He did not recall reporting any specific symptoms at that time, only that he was unable to complete the float. (Id.)
Claimant has a history of asthma. He discussed his history with his diving instructor, Linton, who thereafter sent claimant an article entitled Asthma and Diving. (McGuin Dep. at 19-20; Dep. Ex. 1.) Linton and the article suggested that claimant's experience while floating may have been due to his asthma.
Claimant acknowledged that during Dive Rescue II he was suffering from sinus congestion. (McGuin Dep. at 20-21.) He had also been trying to lose weight during the year prior to the dive.
In 1988 claimant participated in a scuba dive at Lake Koocanusa but became disoriented and aborted the dive. He did not recall experiencing excruciating ear pain, only "some pain, plugged ear, whatever. . . " (Id. at 38.) He began hyperventilating and experienced an asthma attack. (Id. at 37.) The dive was in the course of an investigation and in the course and scope of his employment. (Id. at 34-37.) The dive was the last one he ever attempted. (Id.) He resigned from the sheriff's dive team. (Id. at 39.)
In 1991 claimant was in Helena and stayed at a motel. During his stay he swam in the motel pool. He attempted to swim underwater to the pool plug but experienced severe ear pain and resurfaced. (Id. at 32-33.)
Between 1986 and 1991 claimant occasionally experienced earaches, especially when driving to higher altitudes and when his siren was sounding. His testimony was as follows:
Q. And can you describe for me the problems that you were having that you're relating to the incident in 1986, that you were having between 1986 and 1991, when you would have seen Dr. Higgs?
A. I can give you an estimate on some of them. It's been a while. I was having ear aches. When I was driving, if I went up and down any steep banks such as climbing mountains, going up mountain roads and changing elevation, I'd develop real severe pain in my left ear. It was enough that it stopped me and I'd have to get out and try to equalize it.
And when I'd click on my siren when I was responding to emergencies, I'd be driving and hit the siren and it seemed like the whole world just tilted. I'd shut off the siren and things would come back. And there was a nausea. I never vomited from it, but queasy. There was some starting of like a bounce, if I moved too fast, I'd kind of stumble. And then I went and saw Higgs. It finally got so bad that things shifted on me. And I think they refer to it now as rotary nystagmus. I don't know.
Q. Do you recall this happening prior to 1991?
A. Yeah, it happened several times. Exact dates - - I think a lot of it, it was confusing for me because I had had so many ea
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