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Redmond v. Montana State Fund

Court of Workers Compensation of Montana

April 14, 2005

STEVEN L. REDMOND Petitioner
v.
MONTANA STATE FUND Respondent/Insurer.

          Submitted: April 4, 2005

          DECISION AND PARTIAL SUMMARY JUDGMENT

          MIKE McCARTER JUDGE.

         Summary: The claimant filed a claim for osteoarthritis of his toes in 1993 and his claim was accepted as an occupational disease. Thereafter, his osteoarthritis progressed to other parts of his body. The insurer denied liability with respect to the progression and urges that the claimant was required to file a new claim for each new body part affected and that his claims for other body parts are barred by the statute of limitations.

         Held: The 1993 claim was for the disease of osteoarthritis and encompasses any progression of that disease. The claimant was not required to file new claims with respect to other parts of the body subsequently affected by the disease.

         Topics:

Claims: Occupational Disease. A claim for an occupational disease encompasses any subsequent progression of the disease. Separate claims need not be filed as other parts of the body are affected by the disease.
Claims: Sufficiency. A claim for an occupational disease encompasses any subsequent progression of the disease. Separate claims need not be filed as other parts of the body are affected by the disease.

         ¶1 This matter is submitted upon the parties by joint motion for summary judgment. They have stipulated to the facts to be considered by the Court.

         Stipulated Facts

         ¶2 Steven L. Redmond (hereafter "Redmond") is currently 52 years of age (DOB: April 5, 1952).

         ¶3 Redmond graduated from high school in 1970 and has not received any post-high school education.

         ¶4 For the past thirty-plus years, Redmond has worked full time as a "pressman" for various printing companies, as follows:

Company

Approximate Dates

Artcraft Printers

September 2001 - present

Fenske Printing

1984 - 2001

Eagle Printing

1982 - 1984

Empire Printing

1971 - 1982

         ¶5 For purposes of this proceeding, Fenske and Artcraft Printers were insured under Plan 3 of the Montana Workers' ...


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