FINDINGS OF FACT, CONCLUSIONS OF LAW AND
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.
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.
claimant is 41 years of age and resides near Bigfork,
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
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.
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
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
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