 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brown v. Ament3/18/1988
Submitted on Briefs February 4, 1988.
This is an appeal from the Workers' Compensation Court, before the Honorable Timothy Reardon. Judgment was rendered May 28, 1987 and it was determined that defendant, the State Compensation Insurance Fund, was not liable for the claimant's injury beyond the liability previously accepted and the benefits previously paid. We affirm.
On July 31, 1978, the claimant, Dallas O. Brown, suffered an accidental injury while at work. While unloading bricks from a truck, Brown accidentally fell backwards and injured his back. Both parties agree this injury was an accidental injury arising out of and in the course of employment. Brown's employer at that time was Donald Ament, d/b/a A & R Transport. The employer carried workers' compensation insurance through the State Compensation Insurance Fund at the time of the injury. Liability was accepted for the injury to Brown's back and temporary-total disability benefits were paid starting August 1, 1978 and ending October 27, 1978.
In January of 1986, claimant Brown was diagnosed as having a herniated disk which required surgery. Brown contends there is a causal connection between his back injury sustained on July 31, 1978 and the back problems sustained in 1986, and therefore the State Compensation Insurance Fund is responsible for paying certain Workers' Compensation benefits. The relevant events occurring between these two events are somewhat involved and difficult to trace. This will be addressed in more detail under the first issue discussed in this opinion.
The insurer denied liability and Brown filed a Workers' Compensation petition to resolve the dispute. The Workers' Compensation Court granted a motion by defendant to bifurcate and trial proceeded as to the issues of liability and claimant's entitlement to temporary total disability. All other issues were dismissed without prejudice to the parties. Trial was held September 16, 1986 and the Workers' Compensation Court entered findings of fact, conclusions of law, and a judgment on May 28, 1987 concluding that "defendant is not liable for claimant's back condition beyond the liability accepted and the benefits paid in 1978."
Appellant raises six issues for our consideration on appeal:
1. Did the Workers' Compensation Court correctly conclude that claimant did not provide sufficient proof to establish a causal link between his 1978 injury and his back condition experienced in 1986?
2. Did the Workers' Compensation Court commit error in refusing to admit certain exhibits into evidence?
3. Did the Workers' Compensation Court commit error in denying an award of attorney's fees and costs to claimant?
4. Is the claimant entitled to temporary-total disability benefits for the three years that he was not working by reason of his physical condition between July 31, 1978 and the time of trial, and also into the future?
5. Is the claimant entitled to be reimbursed, or have paid, the medical expenses incurred by him for treatment of his back injury between July 31, 1978 and the current date, where they have not already been paid by the defendant?
6. Is the claimant entitled to receive a 20% penalty for unreasonable delay or refusal to pay by the defendant?
Our determination of issues one and two will make it unnecessary to determine the remaining issues.
1. Causal Connection.
Claimant contends that the back injury diagnosed in 1986 actually began with his injury on July 31, 1978, and that he has experienced one continuous injury with periodic manifestations. Brown states his back proble
Page 1 2 3 4 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|