Injury and Accident: Non-work-related
v. State Fund [12/29/95] 1995 MTWCC 113
Section 39-71-407(5), MCA (1993) relieves the insurer of liability for
claimant’s knee condition following non-work related fall where he had
reached MMI after knee surgery following industrial accident and the
Court finds, as a matter of fact, that claimant did not suffer from
instability of his knee following his first surgery and that his non-work
related fall was not caused by a pre-existing work-related knee condition.
Darling v. Kalispell Regional Hospital [12/04/95] 1995 MTWCC 101 Where claimant had not returned to pre-injury status before exacerbation of back condition during vacation, respondent is liable for permanent aggravation of her underlying condition.
Moore v. State Compensation Ins. Fund [04/17/95] 1995 MTWCC 29 Where insurer is unable to point to any specific injury occurring when claimant’s house cleaning aggravated her back condition, it has not proven a subsequent non work-related injury relieving it from liability for ongoing medical care under section 39-71-407, MCA (1991).