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Crowell v. State Compensation Insurance Fund3/18/1999
DECISION AND JUDGMENT
This matter came on for trial in Kalispell on March 8, 1999. Petitioner, Bruce Crowell (claimant), was represented by Mr. Garry D. Seaman. Respondent, State Compensation Fund (State Fund), was represented by Ms. Carrie L. Garber. Exhibits 1 through 13 were admitted into evidence without objection. The claimant, his wife Judith Crowell, Mark Schwager, Roberta Smith, and Gail Martin testified.
Upon completion of the trial, the Court deemed the matter submitted and ruled from the bench. I found claimant permanently totally disabled, denied attorney fees, and determined that claimant is entitled to his costs.
The parties have agreed that a transcript of the Court's oral findings of fact and Conclusions of law may take the place of written findings and Conclusions. Accordingly, a copy of the transcript of the bench ruling is attached.
In accordance with the bench ruling, and based on claimant's memorandum of costs, to which no objection is filed,
JUDGMENT IS HEREBY ENTERED AS FOLLOWS:
1. Claimant is presently permanently totally disabled. The State Fund shall pay claimant permanent total disability benefits retroactive to the date that it began paying him permanent partial disability benefits. The State Fund is entitled to a credit for permanent partial benefits it has paid to date. If the parties cannot agree as to the amounts due, they may request the Court to make the determination.
2. The parties agree that the State Fund is entitled to a social security offset for social security disability benefits paid to claimant in a lump sum and have indicated that they should be able to reach an agreement as to the amount of the offset. If they fail to do so, they may at that time request the Court to make the determination.
3. Claimant is not entitled to attorney fees since he has failed to persuade the Court that the State Fund acted unreasonably.
4. Claimant is entitled to costs in the sum of $808.20, which the State Fund shall pay.
5. This JUDGMENT is certified as final for purposes of appeal pursuant to ARM 24.5.348.
6. Any party to this dispute may have 20 days in which to request an amendment or reconsideration of this DECISION AND JUDGMENT.
DATED in Helena, Montana, this 14th day of April, 1999.
(SEAL)
Mike McCarter, JUDGE
c: Mr. Garry D. Seaman Ms. Carrie L. Garber Date Submitted: March 8, 1999
BRUCE CROWELL V. STATE COMPENSATION INSURANCE FUND WCC NO. 9807-8015 PARTIAL TRANSCRIPT OF BENCH RULING MARCH 8, 1999 KALISPELL, MONTANA
THE COURT: Okay. All right. You 19 may step down. I can tell both of you right now I want to 21 bench rule on this. It's pretty clear in my mind 22 where this case is at, and I don't think I need 23 further argument on it. On the other hand, if you 24 want to say something before I do it that you think 25 might change where I'm at this point, I would hear you on it. No?
MS. GARBER: I waive, your Honor.
THE COURT: Okay. All right. I'm going to permanently totally disable him out and no attorney fees. That's the bottom line. Get retroactive -- Let me explain to you what my logic is here, and I think it's pretty good logic on both counts.
The definition of permanent total disability is a physical condition resulting from injury after the worker reaches maximum medical healing and which the worker does not have a reasonable prospect of physically performing regular employment. And that Statute I think -- All right. Firstly, I think Mr. Crowell is physically capable of work
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