Injury and Accident: Objective Medical Evidence of

Foster v. Montana Schools Group [06/11/07] 2007 MTWC 18 Where Petitioner established that she sustained avascular necrosis of the subchondral area of the lateral femoral condyle, but failed to show how the AVN condition was causally related to her initial injury or subsequent arthroscopy with objective medical findings, Petitioner failed to meet her burden of proof pursuant to the 1995 amendments to § 39-71-407, MCA.

Johnson v. MHA Workers' Comp Trust [05/22/07] 2007 MTWCC 17 Taking the evidence as a whole – the objective findings that an injury occurred, the fact that Petitioner’s type of injury can be caused by lifting, the absence of any symptoms before the date of injury, and the immediate onset of symptoms at the time of the incident – the Court concludes it is more probable than not that Petitioner’s October 4, 2005, injury occurred from activities arising out of and in the course of her employment at Community Medical Center.

Johnson v. MHA Workers' Comp Trust [05/22/07] 2007 MTWCC 17 Where Petitioner’s claim is governed by the post-1995 version of § 39-71-407, MCA, her reliance on Moffett v. Bozeman Canning, 95 Mont. 347, 26 P.2d 973 (1933), Plainbull v. Transamerica Ins. Co., 264 Mont. 120, 870 P.2d 76 (1994), and Prillaman v. Community Medical Center, 264 Mont. 134, 870 P.2d 82 (1994), is largely misplaced. Unlike these pre-1995 cases, Petitioner has to establish with objective medical findings that an injury occurred.

Matthews v. State Fund [2/4/99] 1999 MTWCC 13 affirmed Matthews v. State Fund, 1999 MT 225 No medical evidence supports claimant's theory of conversion disorder resulting from fall at work. Claimant's arguments are based on references within some medical records to possibilities for consideration, not upon objective medical conclusions. Claim denied.

Wall v. National Union Fire Ins. Co. [2/24/98] 1998 MTWCC 11 Where claimant credibly testified to stepping 12-18 inches from a rail car ladder to the ground, and falling to the ground in severe left knee pain, he established an accident and injury within section 39-71-119, MCA (1995). Even if the dismounting incident were not considered a traumatic incident in the strict sense, a compensable injury can be proven with evidence of "an unusual result from a work-related strain" where internal or external harm is established by objective medical findings. Credible medical evidence from claimant's treating physician established that following the dismounting incident claimant's condition was different, with a different diagnosis and requiring different treatment.