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.

Kobe v. Montana State Fund

Court of Workers Compensation of Montana

July 8, 2005

BONNIE KOBE Petitioner
v.
MONTANA STATE FUND Respondent/Insurer.

          Submitted: May 11, 2005

          FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

          Mike McCarter, Judge.

         Summary: The claimant injured her neck while working as a bank teller and customer service representative. She seeks permanent partial disability benefits.

         Held: The claimant failed to persuade the Court that she has suffered a wage loss as a result of her injury. She has no wage loss on a per-hour basis. Although she is now working part time instead of full time, the Court is unpersuaded that she is unable to work full time or unable to obtain full-time employment. She therefore has no wage loss and is not entitled to permanent partial disability benefits.

         Topics:

Benefits: Permanent Partial Disability Benefits. Under 2001 laws, a claimant is not entitled to permanent partial disability benefits, other than an impairment award based on an impairment rating, unless he or she has a wage loss.
Benefits: Permanent Partial Disability Benefits. Where a claim for permanent partial disability benefits is based on an alleged inability to work full time rather than a reduction in an hourly wage, the claimant must persuade the Court that in fact she is unable to work full time.

         ¶1 The trial in this matter was held in Helena, Montana, on May 11, 2005. The petitioner was present and represented by Mr. Bernard J. Everett. The respondent was represented by Mr. Charles G. Adams.

         ¶2 Exhibits: Exhibits 1 through 13 were admitted without objection.

         ¶3 Witnesses and Depositions: The petitioner and Linda Collins testified at trial. In addition, the parties submitted the petitioner's deposition to the Court for its consideration.

         ¶4 Issues Presented: The sole issue before the Court is whether the claimant is entitled to permanent partial disability benefits in addition to the impairment award she has already received.

         ¶5 Having considered the Pre-Trial 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 OF FACT

         ¶6 The petitioner (hereinafter "claimant") has lived in Dillon, Montana, since approximately 1997.

         ¶7 The claimant worked for the Ruby Valley National Bank in Twin Bridges, Montana, as a vault teller and customer service representative from October 10, 1998, until January 31, ...


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.