Wilson v. Liberty Mutual Fire Insurance

903 P.2d 785, 273 Mont. 313, 52 State Rptr. 990, 1995 Mont. LEXIS 220
CourtMontana Supreme Court
DecidedSeptember 26, 1995
Docket95-102
StatusPublished
Cited by18 cases

This text of 903 P.2d 785 (Wilson v. Liberty Mutual Fire Insurance) 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
Wilson v. Liberty Mutual Fire Insurance, 903 P.2d 785, 273 Mont. 313, 52 State Rptr. 990, 1995 Mont. LEXIS 220 (Mo. 1995).

Opinions

[315]*315JUSTICE GRAY

delivered the Opinion of the Court.

Gerard Wilson (Wilson) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers’ Compensation Court denying his claim for permanent partial disability benefits for his 1986 and 1988 work-related injuries. We affirm.

We consider the following issue on appeal:

Is the Workers’ Compensation Court’s finding that Wilson failed to establish that his present back condition was caused by his work-related injuries supported by substantial credible evidence?

Wilson began working for United Parcel Service (UPS) as a porter in 1979. Within two years, he was employed as a full-time package-car driver. Wilson suffered two work-related injuries while employed by UPS, one on April 16, 1986, and one on December 27, 1988. At the time of both of these injuries, UPS’ workers’ compensation insurer was Liberty Mutual Fire Insurance Company (Liberty). Liberty accepted liability for both injuries.

Wilson’s 1986 work-related injury occurred while loading packages onto a UPS truck. As he lifted a box to about eye level, he felt a “major pop” in his upper back. As a result of this injury, Wilson missed work from May 5, 1986, through June 2, 1986.

Various doctors examined Wilson after his 1986 injury. Dr. Michael Strekall, Dr. William Batey and Dr. Kenneth Carpenter each diagnosed Wilson with some form of back strain. On May 30, 1986, Dr. Carpenter released Wilson to return to work full-time as a package-car driver. Wilson did not seek additional medical treatment regarding back complaints until he sustained his 1988 injury.

On December 27, 1988, Wilson injured his back when he slipped and fell on a UPS customer’s driveway after delivering a package. He landed on his back, head and elbows.

The following day, Dr. Batey examined Wilson; he diagnosed a contusion of the lumbar spine and prescribed rest, heat and Motrin for the next two to three days. He observed that Wilson did not appear to be in a significant amount of pain. Wilson followed up with Dr. Batey on January 4, 1989, and informed Dr. Batey that he had returned to work but the pain had persisted. Dr. Batey diagnosed a lumbar strain.

Wilson left his job with UPS in March of 1990. He did not seek additional medical treatment regarding his back complaints until October 26, 1990, when he was examined by Dr. Harris Hanson. Dr. Hanson noted that Wilson felt a pop in his back a few days prior to [316]*316this visit and diagnosed back strain in the lumbar and dorsal areas. At that time, Wilson was employed by Sweetheart Bakery as a delivery-car driver.

Wilson did not seek further medical attention relating to back problems until May 26,1993. At that time, he saw Dr. Batey and told him that he had been experiencing ongoing back pain since his 1986 and 1988 injuries. Dr. Batey examined Wilson and diagnosed chronic lumbar strain. On June 9,1993, Dr. Batey noted no improvement and referred Wilson to Dr. Allen Weinert.

Dr. Weinert diagnosed degenerative disc disease in the L4-5 and L5-S1 levels and opined that Wilson suffered from chronic discogenic pain. His diagnosis was based primarily on Wilson’s medical history. Dr. Weinert provided a five percent impairment rating with respect to Wilson’s back condition, apportioned as three percent for Wilson’s 1986 injury, one percent for the 1988 injury, and one percent for “his March of 1990 injury.” Liberty paid Wilson a five percent indemnity award based on Dr. Weinert’s impairment rating.

At Liberty’s request, Dr. Robert Chambers examined Wilson on March 9, 1994. He disagreed with Dr. Weinert’s diagnosis of degenerative disc disease and diagnosed Wilson with chronic back pain syndrome. Upon receipt of Dr. Chambers’ report, Liberty denied farther liability for permanent partial disability benefits.

In May of 1994, Wilson petitioned the Workers’ Compensation Court for permanent partial disability benefits. After a hearing on Wilson’s claim, the Workers’ Compensation Court found that Wilson failed to establish that his present back problems were attributable to his 1986 and 1988 work-related injuries. The court concluded, on that basis, that he was not entitled to permanent partial disability benefits. Wilson appeals.

Is the Workers’ Compensation Court’s finding that Wilson failed to establish that his present back condition was caused by his work-related injuries supported by substantial credible evidence?

The law in effect at the time of a work-related injury governs the determination of workers’ compensation benefits. Buckman v. Montana Deaconess Hospital (1986), 224 Mont. 318, 321, 730 P.2d 380, 382. Here, the 1985 version of the Workers’ Compensation Act (the Act) applies to Wilson’s 1986 back injury and the 1987 version of the Act applies to his 1988 injury. Pursuant to both versions of the Act, a claimant must establish that a work-related injury caused his disabling condition. See §§ 39-71-116(12), MCA (1985), and 39-71-116(14), MCA (1987).

[317]*317After considering the evidence presented at trial, the Workers’ Compensation Court found it more likely that Wilson’s 1986 and 1988 injuries were strains which were wholly resolved within weeks and, therefore, that Wilson had not established a causal connection between those injuries and his present back problems. This finding is pivotal because, absent Wilson establishing the statutorily-required causal connection, he is not entitled to permanent partial disability benefits.

Our standard in reviewing findings of the Workers’ Compensation Court is whether they are supported by substantial credible evidence. Miller v. Frasure (1991), 248 Mont. 132, 137, 809 P.2d 1257, 1260. Substantial evidence is more than a mere scintilla of evidence but may be less than a preponderance of the evidence. Miller, 809 P.2d at 1261. We will not substitute our judgment for that of the trial court when the issue relates to the weight given to certain evidence or the credibility of the witnesses. Burns v. Plum Creek Timber Co. (1994), 268 Mont. 82, 84, 885 P.2d 508, 509 (citation omitted).

Wilson points out that, because the medical evidence in this case was presented through depositions, we are in as good a position as the Workers’ Compensation Court to judge the weight to be given to that evidence. We have stated, however, that our review of medical evidence presented through depositions must be considered in the context of the other evidence presented at trial which was relevant to the medical issue. Caekaert v. State Compensation Mutual Ins. Fund (1994), 268 Mont. 105, 110, 885 P.2d 495, 498; citing McIntyre v. Glen Lake Irrigation District (1991), 249 Mont. 63, 68, 813 P.2d 451, 454. Therefore, although Wilson correctly states our standard in reviewing medical evidence presented through depositions on a stand-alone basis, we will uphold the decision of the Workers’ Compensation Court where substantial credible evidence supports that overall decision.

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Bluebook (online)
903 P.2d 785, 273 Mont. 313, 52 State Rptr. 990, 1995 Mont. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-liberty-mutual-fire-insurance-mont-1995.