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Richter v. Simmons Drilling3/2/1990
Submitted on Briefs October 25, 1989
Simmons Drilling and Industrial Indemnity Company, defendants and appellants, appeal from an order of the Workers' Compensation Court, which found that Industrial Indemnity is liable for Workers' Compensation benefits and must indemnify the State Compensation Insurance Fund for work related injuries sustained by Robert Richter, claimant and respondent. Industrial Indemnity also appealed a subsequent order of the Workers' Compensation Court denying modification of record on appeal. These appeals have been consolidated
We affirm the Workers' Compensation Court
The following issues are raised on appeal:
1. Whether the Workers' Compensation Court erred when it denied Industrial Indemnity's motion to modify the record under Rule 9(f), M.R.App.P
2. Whether the Workers' Compensation Court properly found that Industrial Indemnity was the insurer on risk at the time of claimant's second injury thereby subjecting Industrial Indemnity to liability for Workers' Compensation benefits and, if so, whether Industrial Indemnity must indemnify the State Fund for benefits paid to claimant since that time
On July 5, 1984, Richter was involved in an accident while employed by Generals Wells Service. Specifically, he was hit by a high pressure power hose, which resulted in a compound fracture of his left leg for which he was hospitalized five days. Richter also sustained a back injury that became apparent May 8, 1985 General Wells Service was insured for Workers' Compensation by the State Fund at the time of the accident and the State Fund commenced paying benefits and has continued to pay benefits to Richter since that date
Richter's injury was treated by various physicians, including Dr. Lovitt, whom he first saw on January 7, 1985. Dr. Lovitt treated Richter's leg injury and on March 20, 1985, released Richter to work without restrictions because he believed Richter's condition to be medically stable
On May 20, 1985, a scan of Richter's back depicted a small disc herniation. While Dr. Lovitt diagnosed Richter as being 50 percent partially disabled, he again released Richter to work based on Richter's medically stable condition. On June 6, 1985, Dr. Lovitt wrote Richter a letter cautioning him that while the injury was rather small, it would be best to "sit back and wait, and have you assume as high inactivity level as possible and observe your symptoms."
On June 26, 1985, Richter began employment with Simmons Drilling as an oil field worker. Simmons Drilling was insured for Workers' Compensation by Industrial Indemnity at that time. On June 27, 1985, Richter injured his back lifting a pipe that weighed approximately 250 to 300 pounds. Richter finished his shift but the next day was bedridden. On June 28, 1985, Richter was treated by Dr. Lovitt for the back injury
On August 19, 1985, Richter filed a claim for Workers' Compensation with Industrial Indemnity based on his June 27, 1985, injury . Industrial Indemnity moved to join the State Fund as an additional defendant but the motion was denied. The parties agreed to forego a hearing and submitted the matter on briefs The testimony of Richter and Dr. Lovitt was presented to the Workers' Compensation Hearings Examiner by deposition
On March 1, 1989, the hearings examiner filed his findings of fact and conclusions of law and proposed judgment with the Workers' Compensation Court. That same day, the court issued an order adopting the findings of fact and conclusions of law of the hearings examiner and entered judgment, which provided that Industrial Indemnity was the insurer on risk
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