ORDER ADOPTING FINDINGS
OF FACT AND CONCLUSIONS OF LAW OF HEARING EXAMINER AND
Mike McCarter Judge
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
Claimant has presented credible evidence relating his present
jaw symptoms to his August 14, 1989 industrial injury. If
claimant consents to the recommended surgery such medical
bills are payable by the respondent.
Claimant is not entitled to additional temporary total
disability benefits after his August 14, 1989 industrial
Claimant is entitled to reasonable costs but not attorney
fees pursuant to section 39-71-612, MCA.
JUDGMENT herein is certified as final for purposes of appeal
pursuant to ARM 24.5.348.
party to this dispute may have 20 days in which to request a
rehearing from this Order Adopting Findings of Fact and
Conclusions of Law and Proposed Judgment of the Hearing
Examiner and Entering Judgment.
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 January 13, 1993, before
Clarice V. Beck, Hearing Examiner. The Pretrial Order was
docketed on May 10, 1993. Pertinent parts of the Pretrial
Order are as follows:
C. STATEMENT OF JURISDICTION This Court has
jurisdiction of the above-captioned matter pursuant to
Section 39-71-2905, MCA.
E. UNCONTESTED FACTS 1. Claimant sustained an injury
as a result of an industrial accident on August 14, 1989 in
that he sustained a laceration to his chin. 2. At the time of
the injury the employer under Compensation Plan No. III and
its insurer was State Compensation Mutual Insurance Fund.
parties have proposed and the Court adopts the following
issues to be decided by the Court:
1. Whether claimant is entitled to medical benefits in
addition to those medical benefits paid by the State Fund
through Claim #3-90-01518-8 (DOA 8/14/89).
2. Whether Claimant is entitled to initiation of temporary
total disability benefits for any period after the August 14,
1989 industrial injury and, if so, at ...