Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Collins v. State Compensation Insurance Fund.

Court of Workers Compensation of Montana

February 3, 1994

GORDON C. COLLINS Petitioner
v.
STATE COMPENSATION INSURANCE FUND Respondent/Insurer for ARCHER'S CASINO Employer.

          DECISION AND ORDER GRANTING SUMMARY JUDGMENT

          Mike McCarter Judge.

         Respondent, State Compensation Insurance Fund (State Fund), has filed a Motion For Summary Judgment. The motion has been fully briefed by both parties and is now ready for decision.

         FACTS

         The summary judgment motion is based on the pleadings, a deposition of the petitioner, Gordon C. Collins (Claimant) and psychological treatment records for claimant. The psychological records are attached as Exhibit "A" to an affidavit of the State Fund's attorney. The affidavit states that "Exhibit 'A' is a true and accurate copy of all medical records that Affiant possesses regarding petitioner's claims for compensation." Claimant does not dispute the authenticity of the records.

         Two separate workers' compensation claims are at issue. Both arose during claimant's employment by Archer's Casino, where claimant worked as a bartender. The first claim arises out of a robbery which occurred at Archer's on September 29, 1992, at approximately 1:30 a.m. Two individuals wearing gorilla masks entered Archer's. Brandishing guns, one of the robbers fired two shots which narrowly missed the claimant. One of the shots was so close that it "parted" claimant's hair. The second shot whizzed past his right ear. Neither shot caused physical injury to claimant.

         Completing their illicit deed, and angry that they netted so little cash, the robbers tied up claimant and two other employees, then left. One of the other employees worked his bonds free in short order and untied the others. Claimant then summoned the police. Claimant suffered some bumps, bruises and rope burns to his wrists. However, he did not require or seek medical attention.

Q Then let me ask the question that I just posed to you, did you seek medical attention for any physical injury that you received as a result of the robbery?
A No.
Q Okay. And not only, I think got confused, might have confused a few things there. First of all, the shot did not break your skin; is that right?
A That's correct.
Q Did you receive any other physical injuries from the way you were handled by the robbers?
A Other than bumps and bruises, no. Q And what type of bumps and bruises did you receive?
A When they grabbed me when I was coming out from behind the bar, reached over and grabbed me physically like this, pulled on me, causing my arm to have a couple of black and blue marks on it, and when I landed on the floor. Other than that, when ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.