BRUCE W. MORGAN Petitioner
STATE COMPENSATION INSURANCE FUND/UNITED MATERIALS Defendant/Employer.
Counsel of Record: Mr. J. David Slovak Attorney at Law.
Thomas E. Martello Legal Counsel.
ORDERADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW
OF HEARINGEXAMINER AND ENTERING JUDGMENT
above-entitled matter was duly heard by Court-appointed
Hearing Examiner, ROBERT J. CAMPBELL who conducted the
hearing, considered the evidence and prepared and submitted
Findings of Fact and Conclusions of Law and Proposed Judgment
for consideration by the Court.
the Court considered the record in the above- captioned
matter, considered the Findings of Fact and Conclusions of
Law and Proposed Judgment of the Hearing Examiner and does
hereby make and enter the following Order and Judgment.
HEREBY ORDERED the Findings of Fact and Conclusions of Law
and Proposed Judgment of the Hearing Examiner are adopted.
FURTHER ORDERED the Judgment is to be entered as follows:
Court has jurisdiction over this matter pursuant to section
39-71-2905, MCA. 2. Defendant is not responsible for the
medical expenses claimant incurred August 2, 1991. 3.
Claimant is not entitled to attorney fees, costs or penalty.
party to this dispute may have 20 days in which to request a
rehearing from these Findings of Fact and Conclusions of Law
and Proposed Judgment.
JUDGMENT herein is certified as final for purposes of appeal
pursuant to ARM 24.5.348. DATED in Helena, Montana, this
30th day of September, 1993.
BEHALF OF THE PETITIONER
BEHALF OF THE DEFENDANT/EMPLOYER
OF FACT AND CONCLUSIONS OF LAW AND PROPOSED JUDGMENT
Claimant filed a petition to resolve a dispute between
himself and the insurer under Title 39, Chapter 71, Part 29,
Clerk of Court gave notice to interested parties of (a) the
time, place and nature of the trial; (b) the legal authority
and jurisdiction under which the trial was to be held; (c)
the particular sections of the statutes and rules involved;
and (d) the matters asserted by notifying all parties who
appeared of record to have an interest by mailing to them a
copy of the ORDER SETTING TRIAL AND PRETRIAL CONFERENCE with
a copy of the PETITION FOR HEARING attached and a copy of the
Clerk's Certificate of Mailing the Order and Petition.
Section 2-4-601, MCA.
pretrial conference was conducted on March 24, 1993, before
Clarice V. Beck, Hearing Examiner. The Pretrial Order was
docketed on April 22, 1993. Pertinent parts of the Pretrial
Order are as follows:
STATEMENT OF JURISDICTION
Workers' Compensation Court has jurisdiction in the
above-entitled matter pursuant to Mont. Code Ann. §