Submitted: September 12, 2017
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
M. SANDLER JUDGE.
Petitioner alleges that the injuries to her knees, for which
Respondent previously accepted liability, caused one of her
knees to give way while she was inside her home, which, in
turn, caused her to fall and break her right wrist. She seeks
medical benefits for her broken wrist. Respondent denied
liability for her broken wrist, relying on claimant's
medical record which states she fell because she slipped on
Respondent is not liable for claimant's right-wrist
fracture because Petitioner failed to prove that her fall
occurred as a result of her knee instability.
Petitioner's testimony did not convince this Court that
her medical record was incorrect.
1 The trial in this matter was held on September 12, 2017, in
Missoula. Petitioner Charlotte Suzor was present and
represented by Rex Palmer. Leo Ward represented Respondent
International Paper Co. (International Paper).
2 Exhibits: This Court admitted Exhibits 12 through
15, 17, and 22 through 25 without objection. This Court
overruled Liberty's disclosure and exchange objections to
Exhibits 1 through 11 and 16 and admitted them. Suzor
withdrew Exhibits 19, 20, and 21. There is no Exhibit 18
because Suzor did not offer any exhibit for impeachment or
3 Witnesses and Depositions: Charlotte Suzor and
Joan Bond-Deschamps, PA-C, were sworn and testified at trial.
4 Issues Presented: The following issue is before
Is International Paper liable for medical benefits for
Suzor's January 2016 right-wrist injury?
5 This Court finds the following facts based on a
preponderance of the evidence.
6 Suzor suffered an industrial accident on April 1, 1982,
which resulted in injuries to her knees.
7 International Paper accepted liability for her claim.
8 As a result of her 1982 injuries, Suzor has suffered
instability in her knees resulting in falls, which she
reported to her healthcare providers.
9 In 2009, as a result of one of these falls, Suzor broke her
hip. Michael W. Woods, MD, at ...