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Yarborough v. Montana Municipal Ins. Auth.5/20/1997
Rehearing Denied June 19, 1997.
Submitted on Briefs May 8, 1997.
On June 28, 1996, the Workers' Compensation Court entered findings of fact, conclusions of law and judgment denying Petitioner/Appellant Joe Yarborough (Yarborough) compensation and medical benefits for an alleged work-related injury as well as attorney fees, costs and a penalty. Yarborough appeals only that portion of the judgment denying him compensation and medical benefits for his alleged work-related injury. We affirm.
We restate the issues raised on appeal as follows:
1. Did the Workers' Compensation Court err in determining that Yarborough did not suffer a compensable injury when he developed post-traumatic stress disorder?
2. Did the Workers' Compensation Court err in determining that Yarborough did not suffer any permanent physical restriction from the October 22, 1987 injury?
3. Did the Workers' Compensation Court err in determining that Yarborough's wages during 1987 were $1,780 per month or $21,360 annually?
4. Did the Workers' Compensation Court err in failing to award wage supplement benefits for the period 1988 to 1995?
FACTUAL AND PROCEDURAL BACKGROUND
Yarborough worked as a firefighter for the City of Billings in Yellowstone County, Montana, from 1983 until 1987. On October 22, 1987, Yarborough responded to a fire at a residential home in Billings, Montana. Upon approaching the burning home, a "fireball" exploded from the home, striking and injuring Yarborough and one other firefighter. Yarborough was taken to the emergency room in Saint Vincent Hospital and treated for first and second degree burns on his face and hands. He did not return to work for two and one-half weeks. Thereafter, Yarborough resumed his normal duties without restriction until he resigned. His last day of work was December 24, 1987.
Prior to the October 22, 1987 accident (the accident), Yarborough had been treated for depression, substance abuse, family problems and work problems beginning in 1983. After the accident, Yarborough's psychiatrist diagnosed him as suffering from post-traumatic stress disorder (PTSD) as a result of the accident.
On May 24, 1995, Yarborough filed a Petition for Hearing with the Workers' Compensation Court seeking an award of temporary total disability benefits, permanent partial disability benefits and medical benefits for the injuries he sustained on October 22, 1987. After the Montana Municipal Insurance Authority (MMIA), Respondent and Insurer for the City of Billings, filed a motion for summary judgment, Yarborough abandoned all claims to temporary total disability benefits. On May 7, 1996, the Workers' Compensation Court held trial on Yarborough's claim to permanent partial disability benefits, specifically wage supplement benefits.
On June 28, 1996, the Workers' Compensation Court entered its findings of fact, conclusions of law and judgment denying Yarborough any compensation or medical benefits. The Workers' Compensation Court held that Yarborough's PTSD arose from "emotional or mental stress," and, therefore, was excluded from the definition of injury as set forth under § 39-71-119, MCA (1987). Accordingly, the Workers' Compensation Court held that Yarborough's condition was not compensable under the Montana Workers' Compensation Act (the Act). From this judgment, Yarborough appeals. We affirm.
DISCUSSION
With regard to Issue 1, we hold that the Workers' Compensation Court correctly determined that Yarborough's PTSD is not a compensable injury under § 39-71-119, MCA (1987). Consequently, we affirm the Workers' Compe
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