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Shelley v. United States Fidelity & Guaranty Co.

Court of Workers Compensation of Montana

March 18, 1994

HERBERT SHELLEY Petitioner
v.
UNITED STATES FIDELITY & GUARANTY COMPANY Respondent/Insurer for EAGLE BEND DEVELOPMENT, d/b/a CROP HAIL MANAGEMENT Employer.

          FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

          MIKE McCARTER JUDGE.

         The trial in this matter was held on March 2, 1994, in Kalispell, Montana. Claimant, Herbert Shelley, appeared pro sé. Respondent, United States Fidelity and Guaranty Company was represented by Robert E. Sheridan.

         The proceedings in this case were conducted informally. Mr. Shelley and Linda Coombs were sworn and testified. Exhibit Nos. 1 through 10, 12, and 14 through 24 were admitted. Included among exhibits are depositions of John V. Stephens, M.D. and Phillip Blom, D.C.

         FINDINGS OF FACT

         1. The claimant is 41 years of age and resides near Bigfork, Montana.

         2. On June 18, 1986, claimant suffered an industrial injury arising out of and in the course and scope of his employment with Eagle Bend Development, d/b/a Crop Hail Management, in Bigfork, Montana.

         3.At the time of claimant's injury, Eagle Bend Development was insured by the respondent, United States Fidelity and Guaranty Company (USF&G) under Plan II of the Workers' Compensation Act.

         4. The parties subsequently agreed to settle the claim and a Petition for Full and Final Compromise Settlement was submitted to the Insurance Compliance Bureau of the Department of Labor and Industry. On November 7, 1989, the Insurance Compliance Bureau approved a full and final compromise settlement thereby resolving all issues of compensation due claimant. Future medical benefits were reserved by the claimant in both the Petition and in the Order Approving the Settlement issued by the Insurance Compliance Bureau.

         5. At the time of trial, the parties, stipulated to the following terms and conditions:

a. Respondent has agreed to reimburse Petitioner in the amount of $187.71 for the prescription Amitriptyline which has been prescribed by Drs. Busey and Stephens;
b. Respondent has agreed to reimburse Petitioner $97.59 for mileage in attending physical therapy. This reimbursement includes payment for 4 trips to physical therapy in February of 1989 with reimbursement including a round trip of 51 miles at $.21 per mile. In addition, the reimbursement includes payment of an additional 13 additional miles for 19 trips in December of 1988 and January of 1989. Respondent had previously paid Petitioner for these trips but had only reimbursed the Petitioner for 38 miles.
c. Respondent had agreed to reimburse Petitioner the sum of $9.66 for mileage in giving a blood test at the Kalispell Regional Hospital on July 31, 1991.
d. Respondent has agreed to reimburse Petitioner the sum of $44.10 which includes 210 miles at $.21 per mile for attending an examination by Dr. Busey in Missoula on December 27, 1991.
e. Respondent has agreed to reimburse Petitioner an additional 5 round trips for appointments with Dr. Stephens from April 28, 1992, through December 17, 1993. Reimbursement will be calculated on a round trip of 46 miles and at the rate of $.21 per mile for a total of $48.30. Petitioner has agreed to waive any reimbursement for 6 additional trips to Dr. Stephens beginning on June 27, 1989, and ending on August ...

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