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Langston v. Maco Workers' Compensation Trust

Court of Workers Compensation of Montana

July 22, 2013

STORMY L. LANGSTON Petitioner
v.
MACO WORKERS' COMPENSATION TRUST Respondent/Insurer.

Submitted: April 16, 2013

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

JAMES JEREMIAH SHEA JUDGE

Summary: Petitioner alleges her workplace environment aggravated her COPD, resulting in a compensable occupational disease. Respondent denies that Petitioner suffered an occupational disease.

Held: Petitioner's claim for occupational disease benefits is not supported by a preponderance of the medical evidence and is therefore denied.

¶ 1 Trial in this matter was held April 16, 2013, at 9:30 a.m., in the Flathead County Justice Center, 920 South Main, Kalispell, Montana. Petitioner Stormy L. Langston was present and represented herself. Respondent MACO Workers' Compensation Trust (MACO) was represented by Norman H. Grosfield.

¶ 2 Exhibits: I admitted Exhibits 1 through 9 without objection.

¶ 3 Witnesses and Depositions: Petitioner Stormy L. Langston, Terry Langston, Bill Bishoff, and Liz Krzan were sworn and testified.

¶ 4 Issues Presented: The Pretrial Order sets forth the following issues:[1]

Issue One: Whether Petitioner has suffered a compensable occupational disease.
Issue Two: Whether Petitioner is entitled to recovery of attorney fees and costs.

FINDINGS OF FACT

¶ 5 Langston is the elected Justice of the Peace for Lincoln County, Montana. She has held that position since January 1, 2007.[2]

¶ 6 On February 22, 2012, Langston filed a claim for occupational disease (OD) benefits in relation to a pulmonary condition. MACO has denied liability for the claim.[3]

¶ 7 Terry Langston testified at trial. Terry is Langston's husband, to whom he has been married 20 years.[4] I ...


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