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Blaylock v. Montana State Fund6/30/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Billings, Montana, on June 28, 2004. The petitioner (hereinafter claimant) was present and represented himself. The respondent was represented by Mr. Daniel B. McGregor.
Exhibits: Exhibits 1 through 12 were provided to the Court and there were no objections to them. However, in light of the colloquy with the claimant, the Court resolved the dispute; it was unnecessary to consider the exhibits.
Witnesses and Depositions: No formal testimony was taken after it became clear from the Court's colloquy with the claimant that there were no material issues of fact and that the issues involved simple matters of law. The Court notes that there was a pending motion for summary judgment, however, resolution of the case was based on the claimant's statements and representations, as well as the stipulated facts in the Pretrial Order.
Issues Presented: The issues, as set out in the Pretrial Order, are as follows:
a Blaylock [claimant] seeks documentation from Dr. Sukin on his impairment rating.
b Blaylock seeks to have Peter Yeagen, Jr., Inc. and the State Fund settle with him (probably in accordance with his demand for a $48,000.00 "settlement award"); and
c Blaylock seeks some unidentified sanction and/or remedy for the alleged refusal of his employee, Gerald Unruh, to show him the documentation releasing him back to work.
(Pretrial Order at 3.)
Having considered the Pretrial Order, and the representations and the statements of the claimant at trial, the Court makes the following:
FINDINGS OF FACT
All of the following facts are from the Uncontested Facts stipulated by the parties in the Pretrial Order.
a Petitioner filed a signed first report of injury dated August 31, 2003 with a represented injury date of August 26, 2003. Petitioner reported an injury to his right index finger stating that a Russian olive thorn had lodged in his knuckle.
b The site where the thorn had lodged became infected and the petitioner then sought medical attention at Saint Vincent's Hospital in Billings, Montana. Dr. Dean Sukin treated the petitioner and determined that he suffered from a septic tenosynovitis secondary to foreign body.
c On August 27, 2003 Dr. Sukin performed an irrigation and debridement of the right MP joint and extensor tendon sheath. Radiology reports demonstrated that there was an old fracture of the tuft of the right index finger.
d MSF accepted the claim for injury to the right index finger on September 16, 2003.
e On November 19, 2003, Dr. Sukin orally informed petitioner that he was released back to his time of injury job without restrictions or impairment.
f On November 19, 2003, the State Fund sent the petitioner a letter confirming his release to return to work and that the wage loss benefits would terminate 14 days from the date of the letter.
g Dr. Sukin affirmed his oral representations of November 19, 2003, in his letter of December 10, 2003.
h On January 21, 2004, the petitioner requested that the State Fund pay for a second independent evaluation to be performed by Dr. Rosen.
i The State Fund refused to do so, but did authorize a follow up visit with Dr. Sukin.
j Petitioner declined to return to Dr. Sukin and instead reiterated his demand that he be seen by Dr. Rosen for a second opinion.
k The State Fund has also refused to pay petitioner the additional $48,000 he claims is his entitlement for
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