Kramer v. Ebi Companies

878 P.2d 266, 265 Mont. 525, 51 State Rptr. 634, 1994 Mont. LEXIS 148
CourtMontana Supreme Court
DecidedJuly 12, 1994
Docket93-378
StatusPublished
Cited by1 cases

This text of 878 P.2d 266 (Kramer v. Ebi Companies) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kramer v. Ebi Companies, 878 P.2d 266, 265 Mont. 525, 51 State Rptr. 634, 1994 Mont. LEXIS 148 (Mo. 1994).

Opinion

CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

Henry J. Kramer (claimant) appeals from a decision of the Workers’ Compensation Court of the State of Montana. The court found that claimant was not temporarily or permanently totally disabled as a result of an October 15, 1986 back injury he sustained while working for American Asphalt, Inc. The court further found that claimant’s ulcerative colitis was not caused by his 1986 back injury and that he was not entitled to benefits to cover his medical costs associated with the condition. We affirm.

The issues presented on appeal are:

1. Did the Workers’ Compensation Court err in finding that claimant was not temporarily totally disabled or permanently totally disabled as a result of his October 15,1986 industrial accident?

2. Did the Workers’ Compensation Court err in finding that claimant was not entitled to medical expenses incurred as a result of his ulcerative colitis?

Claimant was working for American Asphalt, Inc., in Great Falls, Montana, when he injured his back during 1986 and filed a claim for compensation. On October 15 of that year, he and another employee were loading a sump pump, which weighed approximately 100 pounds, into a storage van when his pant leg caught on a pipe. Claimant spun sideways, wrenching his back; he felt pain in his back.

The next day, claimant went to the office of Dr. Quick, his family physician, about his back pain. Dr. Quick x-rayed his back and prescribed medication and physical therapy. On December 26, 1986, Dr. Quick determined that claimant had reached maximum medical improvement of his back condition. He issued a Certificate of Condition that claimant could return to work without restrictions and found no permanent impairment as a result of his industrial injury. Claimant returned to work as a heavy equipment operator and continued work for an additional four years after the industrial injury.

At the time claimant was injured, American Asphalt, Inc. was enrolled under Workers’ Compensation Plan II with the EBI Indemnity Company (EBI). EBI accepted liability for the accident and paid compensation and medical benefits to claimant as follows: $1,346.78 *528 for medical benefits and $768.84 for temporary total disability compensation from October 16, 1986, to November 2, 1986.

In 1991 claimant retired, citing ulcerative colitis and low back pain. On April 10,1992, he filed a second claim for workers’ compensation benefits, alleging that his 1986 back injury had become a totally disabling, permanent condition and that his colitis was caused by stress because of his back injury.

EBI and American Asphalt responded by asserting that claimant was not totally disabled and that his colitis was not caused by his 1986 back injury. EBI paid claimant, under a reservation of rights, $5,565.82 ($214.07 per week) for temporary total disability compensation from March 20, 1992, to September 17,1992, and $149.50 per week permanent partial disability compensation from September 18, 1992, to present.

The Workers’ Compensation Court found that claimant was not totally disabled and that he failed to prove that his colitis was caused by his 1986 back injury. Claimant appeals.

STANDARD OF REVIEW

We review a workers’ compensation court’s decision to determine whether it is supported by substantial credible evidence. Plainbull v. Transamerica Ins. Co. (1994), [264 Mont. 120], 870 P.2d 76, 80, 51 St.Rep. 181, 184. Where conflicting evidence has been presented, we examine whether substantial evidence supports the decision of the workers’ compensation court — not whether the evidence might have supported contrary findings. Smith-Carter v. Amoco Oil Co. (1991), 248 Mont. 505, 510, 813 P.2d 405, 408.

MEDICAL FACTS

On April 3, 1987, claimant was examined by Dr. Quick and was diagnosed as having signs of colitis. At this examination claimant did not complain of back pain. There was no evidence in the medical records that claimant suffered from colitis prior to April 3, 1987. He was admitted to the hospital on April 30, 1987, for ulcerative colitis and provided an extensive medical history. Nothing in the history indicated that claimant was suffering from back pain.

In April 1991, Dr. Quick advised claimant to stop working because of a combination of his ulcerative colitis and chronic back pain. Dr. Quick could not relate claimant’s colitis to his industrial injury of October 15, 1986.

*529 Claimant was examined by Dr. Robert J. Seim on May 13, 1992. After conducting the examination and reviewing claimant’s medical history, Dr. Seim stated in his report to EBI:

He said he simply went along with the back problem and attempted to go back to work in the spring of 1987 in Great Falls. He said he was able to work only occasionally because of his back problem. His pain gradually became increasingly more severe in the next year or so, and the patient states that he was unable to continue working with his back. ...
The patient states that he had no significant problems with his back prior to the accident and since that time has had significant problems.... [T]here does appear to be a direct causal relationship with his current low back problem and the industrial injury of October 15, 1987 [sic]. ...
By history and in talking with Mr. Kramer he claims that he has had virtually only a few days in heavy equipment in Caterpillar operation since the injury. If these be the true facts, then certainly his activity since the accident has not been causative or an aggravating factor.

Possibly Dr. Seim misunderstood the claimant concerning his work history. Following his injury of October 15, 1986, claimant returned to work in approximately two weeks and worked two or three days in the fall of 1986. Claimant continued working primarily as a heavy equipment operator for the years 1987, 1988, 1989, 1990 and until sometime in April of 1991 when he retired from work entirely.

In his deposition taken on September 2, 1992, Dr. Seim, stated:

Q.... Is it your understanding that he only worked a few days after his industrial accident?
A. That’s what I said, yep.
Q. If I told you that he worked the season of 1987,1988,1989,1990 and until April of 1991, would that change any of your opinions in your letter of May 13, 1992?
A. If you give me more specifics.
Q. That he continued to work in his time-of-injury employment.
A. That would, yes.
Q. And how would that change your opinions?
A. Well, that the story that I got from him or was communicated to me, that that was not an accurate story, if that would be the case.

In Dr.

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Bluebook (online)
878 P.2d 266, 265 Mont. 525, 51 State Rptr. 634, 1994 Mont. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-v-ebi-companies-mont-1994.