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Barnes v. State Compensation Insurance Fund

Court of Workers Compensation of Montana

January 26, 1994

BRUCE BARNES Petitioner
v.
STATE COMPENSATION INSURANCE FUND Respondent/Insurer for BLUE RANGE MINING COMPANY Employer.

          ORDER ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW OF HEARING EXAMINER AND ENTERING JUDGMENT

          Mike McCarter Judge

         The 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.

         Thereupon, 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.

         IT IS HEREBY ORDERED the Findings of Fact and Conclusions of Law and Proposed Judgment of the Hearing Examiner are adopted.

         IT IS FURTHER ORDERED the Judgment is to be entered as follows:

         JUDGMENT

         1. This Court has jurisdiction over this matter pursuant to section 39-71-2905, MCA.

         2. 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.

         3. Claimant is not entitled to additional temporary total disability benefits after his August 14, 1989 industrial injury.

         4. Claimant is entitled to reasonable costs but not attorney fees pursuant to section 39-71-612, MCA.

         5. The JUDGMENT herein is certified as final for purposes of appeal pursuant to ARM 24.5.348.

         6. Any 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.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW AND PROPOSED JUDGMENT

         1. Claimant filed a petition to resolve a dispute between himself and the insurer under Title 39, Chapter 71, Part 29, MCA.

         2. The 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.

         3. A 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.

         4. The 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 ...

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