BRAD CERTAIN

Petitioner

vs.

PPG INDUSTRIES, INCORPORATED

Respondent/Insurer/Employer.

This matter came on for trial on Thursday, October 12, 1995, in Great Falls, Montana. Petitioner, Brad Certain (claimant), was present and represented by Mr. Thomas J. Murphy. Respondent, PPG Industries, was represented by Mr. William O. Bronson.

Exhibits 1 through 7 were admitted without objections. Claimant, Dr. Mark Stoebe and Juanita Hooper testified. Depositions of claimant, Terry Blackwell, and Juanita Hopper were submitted and also considered by the Court.

The issue presented in this case is the amount due claimant as a permanent partial disability award under sections 39-71-703 to -708, MCA (1985). The claimant sought an award of 25% disability. PPG argued for a 15% award.

After considering all of the trial testimony and exhibits, the depositions, and the arguments of counsel, the Court ruled from the bench, finding that claimant is entitled to a 25% disability award. Counsel for PPG has informed the Court the PPG "will acquiesce in the decision of the court announced immediately after trial on Thursday, October 12." (October 25, 1995, letter of William O. Bronson to Patricia Kessner.) PPG suggested that the decision be memorialized by "a short order and judgment with the transcript of the oral decision . . . ." (Id.) The Court accepts the suggestion.

THEREFORE, IT IS HEREBY ADJUDGED AND DECREED, as follows:

1. Pursuant to section 39-71-703, MCA (1985), and for the reasons set forth in the partial transcript which is attached to this Judgment, PPG Industries shall pay claimant a 25% disability award but shall receive credit for the 5% impairment award ($3,662.50) it has already paid. Since claimant's permanent partial disability rate is $146.50, the gross award is $18,312.50 ($146.50 times 125 weeks). With the credit, the net amount due claimant is $14,650.00 ($18,312.50 minus $3,662.50), which shall be paid in a lump sum.

2. Claimant is entitled to costs in an amount to be determined by the Court. The claimant shall have ten days in which to submit his affidavit of costs. PPG shall then have ten days in which to file its objections, if any.

3. Under the law in effect at the time of the injury, claimant is entitled to attorney fees in an amount to be determined by the Court. Pursuant to section 39-71-612, MCA (1985), the attorney fees shall be based on the difference between the amount awarded (25%) and the insurer's last offer (15%).

4. This judgment is certified as final for purposes of appeal.

5. Any party to this dispute may have 20 days in which to request a rehearing from this Judgment.

Dated in Helena, Montana, this 6th day of November, 1995.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Thomas J. Murphy
Mr. William O. Bronson
Attached: Copy of Bench Ruling
Submitted Date: October 25, 1995