Morley v. Anaconda Company

686 P.2d 917, 212 Mont. 184, 1984 Mont. LEXIS 1016
CourtMontana Supreme Court
DecidedAugust 30, 1984
Docket83-508
StatusPublished

This text of 686 P.2d 917 (Morley v. Anaconda Company) 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
Morley v. Anaconda Company, 686 P.2d 917, 212 Mont. 184, 1984 Mont. LEXIS 1016 (Mo. 1984).

Opinion

MR. JUSTICE MORRISON

delivered the Opinion of the Court.

John M. Morley’s claim for benefits related to an industrial injury sustained while employed by The Anaconda Company was heard before the Workers’ Compensation Court on January 21, 1982. The Workers Compensation Court judgment of October 17,1983 denied claimant’s claim and dismissed his petition. Claimant appeals. We affirm.

The following chronology of accidents, industrial and nonindustrial, are operative in our discussion of claimant’s appeal. Claimant testified that he sustained an upper back injury on March 20, 1979 while working within the scope of his employment for respondent. He was mixing slurry with a long-handled paddle when the handle dislodged and hit him between the shoulder blades. Claimant claims his second industrial accident and the one here involved, occurred on June 17, 1979 when a six-inch, high-pressure water hose surged with pressure and knocked him backward onto a piece of angle iron protruding from the cement floor. He injured his middle back just below the rib cage. He promptly reported this accident to his supervisor and the safety office but returned to work on his next shift. The claimant missed no work as a result of these two industrial accidents.

On August 17, 1979, due to a faulty respirator, claimant was exposed to arsenic and sulphur dioxide gases. Claimant claims that his acute sinusitis condition was aggravated by exposure to these toxic fumes.

Early in October, 1979, the claimant injured his lower back while logging with his brother. According to a claim form to a private insurance carrier dated June 2, 1980, the claimant sustained another back injury on June 1, 1980 during a wrestling match. The records of claimant’s physical therapist document his third non-industrial injury on *186 August 25, 1981 when he hit his head on the cab of a pickup.

During this course of events, the claimant was under the regular care of several doctors. Dr. Elbert had administered chiropractic treatments to the claimant since March 1979. Drs. Perez and Natividad, general practitioners, routinely treated claimant for his chronic sinus problem. Daryl Dodd was his physical therapist. In this action, claimant was examined for respondent by Dr. Davidson, an orthopedic surgeon.

The claimant was also undergoing treatment for his mental health. Dr. Timothy J. Casey, a staff counseling psychologist at Warm Springs State Hospital, evaluated claimant’s mental condition to establish whether claimant’s “traumatic neurosis” was causally related to any accidents. Dr. Stanley Moisey, a psychiatrist, examined the claimant in connection with claimant’s application to the Veteran’s Administration for benefits under the delayed post-traumatic stress syndrome disorder associated with his service in Vietnam.

In July, 1981 claimant petitioned the Workers’ Compensation Court seeking workers’ compensation benefits for back injuries which he alleges were caused by the June 17, 1979 industrial accident. Claimant attempted to show through depositions of medical experts that his psychological instability was also exacerbated, if not caused by, the industrial accident. Claimant appeals from the judgment of the Workers’ Compensation Court denying him benefits and dismissing his petition.

He presents the following issues:

1. Whether the Workers’ Compensation Court erred in dismissing claimant’s petition.

2. Whether the Workers’ Compensation Court erred in concluding that claimant did not sustain his burden of establishing that the accident of June 17, 1979 was the proximate cause of his resulting physical condition.

3. Whether there is substantial evidence to support the de *187 cisión of the Workers’ Compensation Court.

4. Whether the Workers’ Compensation Court erred in finding that claimant’s present physical condition is due to a non-industrial accident rather than to his industrial injury of June 17, 1979.

5. Whether the Workers’ Compensation Court erred in failing to find that claimant’s present physical condition is due to “traumatic neurosis” resulting from the accident of June 17, 1979.

We agree with respondent that there is one dispositive issue in this appeal: Whether there is substantial credible evidence to support the decision of the Workers’ Compensation Court denying workers’ compensation benefits to the claimant.

The standard of review in cases appealed from the Workers’ Compensation Court is:

“Our function in reviewing a decision of the Workers’ Compensation Court is to determine whether there is substantial evidence to support the findings and conclusions of that court. We cannot substitute our judgment for that of the trial court as to the weight of the evidence on questions of fact. Where there is substantial evidence to support the findings of the Workers’ Compensation Court, this Court cannot overturn the decision.” Steffes v. 93 Leasing Co., Inc. (U.S.F.& G.) (1978) 177 Mont. 83, 86-7, 580 P.2d 450, 452. (Emphasis added.)

This case involves lengthy medical history and disputed facts. Respondent contends that the Workers’ Compensation hearing examiner went to great lengths to review the entire record and adopted detailed findings of fact and conclusions of law supported by extensive citations to the record for each critical fact. We agree.

The facts established by the lower court are that the claimant had his industrial injury of June 17, 1979 but that such back injuries were not serious, and healed. Thereafter the claimant left work due to his chronic sinus problem, so that his loss of income is attributable to his sinusitis and *188 not the industrial injury. Thereafter, claimant suffered a back injury from the non-industrial accident in early October. The claimant never mentioned the serious back pain upon which he bases his petition for workers’ compensation benefits until immediately after this non-industrial accident in October 1979.

Dr. Perez’ deposition confirms that the claimant was in his office on July 10, July 20, July 24 and August 7, 1979, complaining of sinus and throat problems. The doctor’s notes during this period make no mention of back pain. The first time the claimant indicated he was suffering from back pain to either Dr. Perez or Dr. Natividad was on October 12, 1979.

The physical therapist, Daryl Dodd, noted that on October 16, 1979 the claimant was helping lift a beam and felt his back “pop” all the way up.

Dr. Elbert stated he “had treated claimant for his March 1979 back problems and concluded that they were resolved.” In December 1979 Dr. Elbert diagnosed a bilateral lumbar strain. After five treatments Dr. Elbert discharged the patient noting that the back problem “was resolved and the patient is apparently symptom free at termination of treatment.” From December of 1979 until June of 1980 (date of his second non-industrial accident) the claimant received no treatment for his back.

On June 2, 1980, the claimant returned to Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Steffes v. 93 Leasing Co., Inc.
580 P.2d 450 (Montana Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
686 P.2d 917, 212 Mont. 184, 1984 Mont. LEXIS 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morley-v-anaconda-company-mont-1984.