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Cuellar v. Vanliner Insurance Co.6/24/2004
DECISION AND SUMMARY JUDGMENT
This matter is before the Court on the motion for summary judgment filed by respondent Vanliner Insurance Company (Vanliner). The claimant filed no opposition to the motion. For the reasons noted below, the motion is granted.
Uncontroverted Facts
The facts are set out in the affidavits and documents attached to the respondent's motion for summary judgment. Procedural facts are taken from the Court file. The claimant has not replied to the motion for summary judgment.
a On or about July 27, 1999, James T. Cuellar (claimant) suffered an industrial injury during employment with Seaton Van Lines, Incorporated, in Billings, Montana. (Response to Petition, IA; Affidavit of Kelly M. Wills at Ex. A.)
b At the time of the accident, the employer was insured by Vanliner. (Response to Petition, IB.)
c Respondent accepted liability for the industrial accident. On March 10, 2000, the Department of Labor and Industry approved a settlement between the parties resolving disability and rehabilitation benefits, reserving medical benefits to the claimant. (Response to Petition, IC; Affidavit of Kelly M. Wills at Ex. A.)
d The parties disputed the compensability of a number of medical bills submitted by claimant for back problems, bowel obstruction, and kidney stones. On September 26, 2003, Dr. Douglas W. Beard performed an independent medical examination (IME) of the claimant to address issues raised. (Response to Petition, II A; Affidavit of Kelly M. Wills at Ex. B.)
e Following receipt of Dr. Beard's report, the respondent accepted liability for the claimant's back condition and bowel obstruction. It continued to deny liability for medical treatment related to a kidney stone suffered by the claimant. (Affidavit of Kelly M. Wills at Ex. E; Minute Entry No. 3403 dated January 14, 2004.)
f On November 11, 2003, Dr. Beard supplemented his written report to address the causation issue surrounding the claimant's kidney stone. Dr. Beard opined:
In my opinion, while the low back pain present at the time of his emergency room visit on May 26, 2003 may have been due to a kidney stone, this question would best be left to the diagnosis obtained on that date, that being that of the kidney stone. I do not believe that the kidney stone was ultimately caused by his industrial low back injury. It would seem that if the diagnosis made at the time of the emergency room visit on May 26, 2003 was that of kidney stone, that this ultimately was the cause and the basis for his need for medical attention on that date, and not due to his 1999 industrial low back injury.
(Affidavit of Kelly M. Wills at Ex. C.)
g On December 14, 2003, the claimant wrote to the Court. His letter included the following statement:
May 6, 2003 I went back to Rose Medical Center Room for kidney pain which was caused by the bowel obstruction and being bedridden for a long length of time.
(Cueller letter filed 12/17/03, bold in original.) Attached to that letter was a printout of "Patient's Data" from the Rose Medical Center, relating to treatment received by claimant. (Id., original in caps.) The "reason for visit" on May 6, 2003, was termed "lower right side pain." (Id., original in caps.) The treating physician was referenced as "SUMCR." (Id.รท
h In a conference call with the claimant and insurance counsel on January 14, 2004, this Court explained to the claimant that "in the first instance he bears the burden of presenting medical evidence showing a causal relationship between his kidney stones and back injury." (Minute En
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