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Miller v. State Compensation Insurance Fund3/11/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 18, 1998, in Helena Montana. Petitioner, Michael L. Miller (claimant), was present and represented himself at trial. Respondent, State Compensation Insurance Fund (State Fund), was represented by Mr. Thomas E. Martello. No transcript of the trial has been prepared.
Exhibits: Exhibits 1 through 23 were admitted without objection. Exhibits 24 and 27 were admitted over objection. Exhibits 25 and 26 were refused for the purposes of this proceeding. Exhibit 28 was refused and returned to the claimant.
Witnesses: Claimant, Bill Galt, Amy Miller, and Mike Welsh were sworn and testified. No depositions were offered.
Issues Presented: As set forth in the PRETRIAL ORDER, the following issues are presented for decision:
1. Should Petitioner be entitled to re-opening of the 1988 settlement.
2. Is the request for re-opening barred by applicable statute of limitation and/or laches.
3. If the request for re-opening is granted, is Petitioner entitled to a lump sum payment for the purchase of a malt shop and if so in what amount.
At trial the Court bifurcated claimant's request for a lump sum to purchase a malt shop. Therefore, the Court considers only whether claimant is entitled to reopen his prior 1988 FULL AND FINAL COMPROMISE SETTLEMENT.
Having considered the PRETRIAL ORDER, the testimony presented at trial, the demeanor and credibility of the witnesses and exhibits, the Court makes the following:
FINDINGS OF FACT
On October 23, 1983, claimant suffered a serious head injury during the course and scope of his employment.
At the time of his injury, claimant was working for Bill Galt (Galt). Galt was insured by the State Fund, which accepted liability for the claim and paid compensation and medical benefits.
On September 20, 1988, claimant and the State Fund entered into a full and final compromise settlement of his claim. The settlement provided that the State Fund pay claimant $132,145.10 in a lump sum. The Department of Labor and Industry approved the settlement by Order dated November 4, 1998. (Ex. 7.)
The purpose of the lump-sum settlement was to allow claimant to purchase a small ranch and be self-employed. (Petitioner's Contention No. 1; Ex. 8.)
At the time of the 1988 settlement, claimant was represented by counsel.
Claimant now contends that at the time the parties entered into the full and final compromise settlement, they were operating under a mutual mistake of material fact. In his contentions claimant states, "However, within a year after the settlement, Petitioner began having back problems and was unable to physically work on the ranch." (Petitioner's Contention No. 1.)
Claimant testified that when he entered into the settlement he believed he could operate the ranch, but that he soon discovered he could not physically handle the work. His back began bothering him the summer after he started the cattle operation, and according to claimant, became real bad after a couple of years. Although his testimony is not entirely clear, it appears he leased the ranch or his cattle for three of the years between 1988 and 1992. In 1992 his brother took over the running of the ranch and ran it for a year. In 1993 claimant again tried to do run the ranch but found that he was unable to handle the work. Thus, by at least late 1993 or sometime in 1994 he was aware that he could not physically work his ranch and cattle.
The medical records verify that claima
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