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.

Schneider v. Liberty Northwest Insurance Corp.

Court of Workers Compensation of Montana

April 4, 2000

AUBREY SCHNEIDER Petitioner
v.
LIBERTY NORTHWEST INSURANCE CORPORATION Respondent/Insurer for JOEL BOS d/b/a/ BOS TOP DAIRY Employer.

          Submitted: March 31, 2000

          ORDER REGARDING 39-71-610 BENEFITS

          Mike McCarter Judge

         Topics:

Constitutions, Statutes, Regulations, and Rules: Montana Code: 39-71-610 (1999). Insurer appealed DOL order for payment of 49-day benefits. After telephonic conference with both counsel, WCC reviewed case on basis of medical records and physician correspondence. In this accepted liability case, the Court examined length of time benefits were paid, existence of financial hardship to claimant, and facts supporting case for reinstating TTD. Seven months of benefits is not insignificant. No information regarding financial hardship was presented. The prima facie case for benefits is the critical factor. Where records show conflicting medical opinion, WCC would more probably than not find "strong prima facie case" for reinstatement of benefits because claimant need not prove in 49-day benefits case that he will prevail, only that there is some evidence in his favor which is substantial and not facilely disregarded. 49-day benefits not ordered, however, where medical opinion favorable to claimant indicates he is not at MMI because he needs PT and work hardening, which he was offered but dropped. Having provided no justification for failing to treat, claimant has not presented a sufficient.
Benefits: Interim (39-71-610) Benefits. Insurer appealed DOL order for payment of 49-day benefits. After telephonic conference with both counsel, WCC reviewed case on basis of medical records and physician correspondence. In this accepted liability case, the Court examined length of time benefits were paid, existence of financial hardship to claimant, and facts supporting case for reinstating TTD. Seven months of benefits is not insignificant. No information regarding financial hardship was presented. The prima facie case for benefits is the critical factor. Where records show conflicting medical opinion, WCC would more probably than not find "strong prima facie case" for reinstatement of benefits because claimant need not prove in 49-day benefits case that he will prevail, only that there is some evidence in his favor which is substantial and not facilely disregarded. 49-day benefits not ordered, however, where medical opinion favorable to claimant indicates he is not at MMI because he needs PT and work hardening, which he was offered but dropped. Having provided no justication for failing to treat, claimant has not presented a sufficient case.
Maximum Medical Improvement. Claim for 49 day benefits under 39-71-610 rejected because claimant has not shown prima facie case for reinstatement of TTD benefits. Physician opining he had not reached MMI rested opinion on his need for PT and work hardening, but record indicated claimant had been offered those treatments but failed to attend.
Proof: Maximum Medical Improvement. Claim for 49 day benefits under 39-71-610 rejected because claimant has not shown prima facie case for reinstatement of TTD benefits. Physician opining he had not reached MMI rested opinion on his need for PT and work hardening, but record indicated claimant had been offered those treatments but failed to attend.

         ¶1 The petitioner in this case seeks reinstatement of temporary total disability (TTD) benefits and an order directing the insurer to pay for physical therapy and other treatment ordered by his treating physician. (Petition for Hearing (March 3, 2000).) While pursuing his present petition, he also requested the Department of Labor and Industry to order the insurer to pay interim TTD benefits under section 39-71-610, MCA. On March 15, 2000, the Department approved his request. The insurer, Liberty Northwest Insurance Corporation (Liberty), appealed that determination. (March 31, 2000 Letter of Larry W. Jones to the Court.)[1] The appeal was docketed as a part of the Court file in this case.

         ¶2 On March 31, 2000, the Court held a telephone conference with Mr. Larry W. Jones, attorney for Liberty, and Mr. Geoffrey C. Angel, attorney for petitioner. Counsel agreed to submit the appeal upon medical records and correspondence from Dr. Robert A. Jackson, a family practitioner, and Dr. Scott K. Ross, who specializes in occupational medicine. After reviewing the records and correspondence, and considering the arguments made during the telephone conference, I find that petitioner has failed to present facts sufficient to justify an order for interim benefits.

         Facts

         ¶3 The facts before the Court include the allegations of the Petition for Hearing insofar as they are admitted by Liberty's Response to Petition for Hearing, and medical records and correspondence of Dr. Jackson and Dr. Ross, as follows:

• July 30, 1999 report of Dr. Ross.
• September 20, 1999 report of physical therapist ...

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.