Thompson v. Liberty Northwest Insurance Corporation6/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on February 28, 2002, in Missoula, Montana. Petitioner, Lennie J. Thompson (claimant), was present and represented himself. Respondent, Liberty Northwest Insurance Corporation (Liberty), was represented by Mr. Larry W. Jones. The parties filed post-trial briefs and the matter was deemed submitted for decision on March 18, 2002.
Exhibits: Exhibits 1 through 4, 6 through 10, 12, 14, 15, 17, 19, and 21 through 33 were admitted without objection. Exhibits 5, 11, 13, 16, 18, and 20 were admitted over relevancy objections with the proviso that if ultimately determined not to be relevant they would have no role in the decision. After further review, I find Exhibits 5, 13, 16, 18 and 20 unhelpful in resolving the merits of the issues presented for decision. Exhibit 34 was refused.
Witnesses and Depositions: Claimant, his wife (Eileen Thompson), Garon Corder Smith, Laurie DeYott, Daniel J. Burke, and Katherine Gail Kleinkopf testified at trial. The parties also submitted the depositions of Dr. Dana Headapohl and Jerry Zook to the Court for its consideration.
Issues Presented: The issues as set forth in the Final Pretrial Order are:
1. Whether the claimant is entitled to $1,766.00 as mileage reimbursement for the period August 3, 2000 through August 3, 2001, when he was completing his bachelor's degree (18,600 miles at $.31 cents per mile = $5,766.00, less $4,000.00 previously paid to claimant in auxiliary benefits by the insurer).
2. Whether the claimant is entitled to wage loss benefits/rehabilitation benefits for three periods: 8/9/00 through 9/4/00; 12/23/00 through 1/28/01; 5/19/01 through 5/28/01. The first period represents the time from the termination of claimant's wage loss benefits to the commencement of rehabilitation benefits. The second and third periods represent breaks during claimant's schooling, when he did not receive rehabilitation benefits.
3. Whether claimant is entitled to reimbursement for a computer he alleges he purchased for use in his education/rehabilitation and which he claims cost $1,791.99.
4. Whether claimant is entitled to an extension of his rehabilitation plan, or a new plan to obtain a master's degree. Claimant wants benefits through December 2002, by which point he believes he will have completed his master's program.
5. Whether claimant is entitled to immediate job placement services under the existing rehabilitation plan.
6. Whether the insurer is entitled to repayment of the 49 days of benefits ordered by the Court on August 31, 2000. (Liberty Northwest Ins. Corp. v. Lennie Thompson, 2000 MTWCC 52, WCC No.2000-0140.) (Final Pretrial Order at 2-3.)
Bench Ruling: At the end of trial, I bench ruled that the claimant is not entitled to reimbursement for mileage between his home and school. I further ruled that since he is in fact receiving job placement services his claim for those services is moot.
Having considered the Final Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the depositions and exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF FACT
Claimant is 51 years old. He has worked as a log home builder, carpenter, restaurant owner, corrections officer at a youth detention facility, and childcare worker, along with some other short term jobs such as cashier, checker, and clerk. (Ex. 33 at 443-44.)
On November 23, 1999, while working for Alpine Log Homes (Alpine), a log struck the scaffolding
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