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White v. Ford12/17/1992
his May 8, 1982 industrial injury. Defendant believes that this conclusion is supported by the medical and psychological records that have been identified and exchanged and, most particularly, by the treatment records from Rimrock Foundation. The extent of Mr. White's chemical abuse and its impact on his employment history is set forth in detail in those records.
The Workers' Compensation Court noted this, stating, "I think the answer is pretty much right on the money as to what they're arguing."
A trial court's ruling on the admissibility of evidence will not be disturbed absent a showing of an abuse of discretion. Britton v. Farmers Ins. Group (1986), 221 Mont. 67, 721 P.2d 303. White bases his claim of error here upon his inability to discern from pre-trial events that Aetna would theorize that White's drug and alcohol abuse affected his ability to maintain his employment. Nonetheless, White's counsel came to the hearing armed with a brief dated and signed the day prior to the hearing which supported his argument against admitting evidence of drug and alcohol abuse. White's counsel later objected to admission of the evidence because it was cumulative — because the evidence was already included in the Whites' depositions which had already been admitted in the record based on his stipulation. We conclude that White was not taken by surprise in any manner nor was there a prejudicial failure to furnish information.
We hold that the Workers' Compensation Court properly admitted evidence of White's drug and alcohol abuse.
IV.
Does Aetna's proposed conclusion of law stating that White is entitled to receive a $10,000 nominal disability award constitute a judicial admission?
Aetna proposed the following conclusion of law:
Mont. Code Ann. § 39-71-2906 provides that the judge of the Montana Workers' Compensation Court may grant nominal disability awards in cases where it is found that an accident has occurred in the course and scope of employment but no disability has resulted therefrom. That appears to be the situation in this case. Mr. White sustained a compensable industrial injury on May 8, 1982. As a result of that injury, it does not appear that he has sustained any permanent partial disability which term is defined as a loss of earnings or earning capacity occasioned by the industrial injury. Therefore, Mr. White is awarded the sum of TEN THOUSAND DOLLARS ($10,000) as a nominal disability award pursuant to the provisions of Mont. Code Ann. § 39-71-2906.
Aetna's position has not changed from the beginning. It has consistently maintained that White sustained no loss of earning capacity as a result of his industrial injury . Aetna's proposed conclusion recommended that the Workers' Compensation Court exercise its discretion and grant Mr. White a nominal disability award. A nominal benefit award under former Section 39-71-2906, MCA, was authorized in cases where an accident had occurred during the course and scope of employment but no disability resulted therefrom. This does not have the effect of a confessory pleading or evidentiary admission. It could not be used as a substitute for legal evidence at trial.
A court entering judgment on the basis of proposed findings and conclusions submitted by the parties has a duty to properly consider the facts of the case and exercise its own independent judgment. In Sharkey, we said that the Workers' Compensation Court properly considers the actual facts presented at trial through witnesses and exhibits and what the parties may have contended is irrelevant to the factual determinations made by the court. Sharkey, 777 P.2d at 873.
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