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Oster v. State Compensation Insurance Fund

Court of Workers Compensation of Montana

October 31, 1995

DORIS OSTER, Petitioner,
v.
STATE COMPENSATION INSURANCE FUND, Respondent/Insurer for SPORTSMAN' LOUNGE/RESTAURANT, Employer.

          ORDER DENYING MOTION TO DISMISS

          Mike McCarter JUDGE

         Summary: Insurer moved to dismiss petition seeking permanent total disability benefits arguing that no physician had rendered an opinion on claimant's disability status, no determination has been made that claimant has reached maximum medical healing, and no rehabilitation provider has determined whether claimant is employable.

         Held: Motion to dismiss denied. For purposes of ruling on a motion to dismiss, all well-pleaded facts are deemed admitted and the Court looks to whether claimant has stated a claim on which relief can be granted. Where Montana requires only notice pleading, and petitioner alleges she is permanently totally disabled, inherent in those allegations are allegations that she has reached MMI and is unable to work, along with other factual predicates to PTD status. The Court will not convert the motion to one for summary judgment where no sworn and admissible evidence has been presented.

         Topics:

Constitutions, Statutes, Regulations and Rules: Montana Rules of Civil Procedure: Rule 12(b). For purposes of ruling on a motion to dismiss, all well-pleaded facts are deemed admitted and the Court looks to whether claimant has stated a claim on which relief can be granted. Where Montana requires only notice pleading, and petitioner alleges she is permanently totally disabled, inherent in those allegations are allegations that she has reached MMI and is unable to work, along with other factual predicates to PTD status.
Pleading: Statement of a Claim. For purposes of ruling on a motion to dismiss, all well-pleaded facts are deemed admitted and the Court looks to whether claimant has stated a claim on which relief can be granted. Where Montana requires only notice pleading, and petitioner alleges she is permanently totally disabled, inherent in those allegations are allegations that she has reached MMI and is unable to work, along with other factual predicates to PTD status.
Procedure: Motion to Dismiss. For purposes of ruling on a motion to dismiss, all well-pleaded facts are deemed admitted and the Court looks to whether claimant has stated a claim on which relief can be granted. Where Montana requires only notice pleading, and petitioner alleges she is permanently totally disabled, inherent in those allegations are allegations that she has reached MMI and is unable to work, along with other factual predicates to PTD status.
Procedure: Motion to Dismiss. The Court will not convert respondent's motion to dismiss into one for summary judgment where no sworn and admissible evidence has been presented.
Summary Judgment: Generally. The Court will not convert respondent's motion to dismiss into one for summary judgment where no sworn and admissible evidence has been presented.

         Petitioner in this case seeks permanent total disability benefits. Respondent has moved to dismiss, setting forth the following reasons as the basis for its motion:

1. No physician has given an opinion as to whether Petitioner is permanently partially disabled or permanently totally disabled;
2. No specific determination was made as to whether Petitioner is at maximum medical improvement; and
3. There has been no determination from the rehabilitation provider whether Petitioner is employable.

         (motion to dismiss at 1, filed October 6, 1995.) No supporting brief was submitted with the motion; however, petitioner has filed a response to ...


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