Submitted: January 10, 1996
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
42-year old cashier claimed hurting her back while carrying a
lawn ornament to a customer's car. The customer and other
witnesses contradicted claimant's testimony.
WCC did not credit testimony of claimant, but credited
testimony of others indicating she did not injure her back at
and Accident: Accident. WCC did not credit testimony of
42-year old cashier that she injure her back carrying a lawn
ornament to a customer's car. Several witnesses gave
testimony contradicting that of claimant.
trial in this matter was held on January 10, 1996, in Great
Falls, Montana. Petitioner, Jacqui Walls (claimant), was
present and represented by Mr. Jeff R. Lynch. Respondent,
Travelers Indemnity Company, was represented by Mr. Kirk D.
1 through 4 and 6 through 8 were admitted without objection.
Exhibit 5 was admitted for the limited purpose of showing the
disciplinary notices given to claimant by her employer prior
to her report of an industrial injury. Claimant, Carol
LaRocque, Zane Carter, Chase Walls, Linda Wilson, Vince
Miranti, Van Crowe, Dennis Olson, Robert Bradley and Roxanne
Dane were sworn and testified. Additionally, the depositions
of claimant, Van Crowe, Vincent Miranti and Chase Walls were
submitted for the Court's consideration.
presented: The claimant seeks a determination that on
June 2, 1994, she suffered a back injury in the course and
scope of her employment and that she is, therefore, entitled
to benefits under the Workers' Compensation Act. At this
time, the parties seek only a determination of liability; the
Court is not asked to determine what amount of benefits are
due if the claimant's condition is found to be
considered the Pretrial Order, the testimony presented at
trial, the demeanor and credibility of the witnesses, the
depositions and exhibits, and the parties' arguments, the
Court makes the following:
Claimant is 42 years old. She has resided in Great Falls,
Montana most of her adult life. She has a 20 year old son,
Chase Walls, who testified on her behalf.
Claimant began working as a cashier for BMC
West/Poulsen's, Inc., on October 4, 1993. With the
exception of a short period of time when she answered phones,
claimant worked as a cashier. Her job duties included ringing
up sales, doing paperwork, dealing with returned items, and
cleaning when things were slow.
Claimant was primarily stationed at the cashier's stand.
She occasionally left the cashier's station to retrieve
invoices and, ...