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.

Warren v. Montana State Fund

Court of Workers Compensation of Montana

November 23, 2004

TONI WARREN Petitioner
v.
MONTANA STATE FUND Respondent/Insurer.

          Submitted: November 10, 2004

          FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

          MIKE MCCARTER, JUDGE

         Summary: Claim for compensation denied on account of the claimant's alleged untimely reporting of her accident to her employer.

         Held: After assessing the credibility of the witnesses, the Court finds as a matter of fact that the claimant reported her industrial accident within thirty days as required by section 39-71-603, MCA (2003), and that the accident in fact occurred. The claim is therefore compensable.

         Topics:

Credibility. Based on the Court's observation of the demeanor and testimony of the witnesses at trial, and taking into consideration the claimant's explanation of the circumstances surrounding the filing of her written claim, the Court finds the claimant credible and enters its findings accordingly.

         ¶1 The trial in this matter was held in Kalispell, Montana, on November 8, 2004. The petitioner was present and represented by Mr. Kevin A. Duff. Respondent was represented by Mr. David A. Hawkins.

         ¶2 Exhibits: Exhibits 1 through 3 were admitted without objection.

         ¶3 Witnesses and Deposition: Toni Warren, Rod Bauer, Cheryl Brenno, and Shane Brenno testified at trial. The parties also submitted the deposition of Toni Warren for the Court's consideration.

         ¶4 Issues Presented: The Court restates the issues as follows:

¶4a Whether the petitioner injured her elbow and shoulder in the course and scope of her employment.
¶4b If so, whether she reported her injury to her employer within thirty days as required by section 39-71-603, MCA (2003).
¶4c Whether the insurer unreasonably denied the petitioner's claim, thereby entitling the petitioner to attorney fees and a penalty.

         ¶5 Having considered the Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the deposition and exhibits, and the arguments of the parties, the Court makes the following:

         FINDINGS ...


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.