Medical Conditions: Cognitive Impairment

Uffalussy v. St. Patrick Hospital [11/06/07] 2007 MTWCC 45 Where three physicians expressed opinions that Petitioner’s cognitive impairment was related to her 1997 industrial injury based on their opinions that Petitioner’s head injuries, depression, and chronic pain contributed to the collective cause of her cognitive impairment, the burden of proof shifted to Respondent. Although Petitioner reported to emergency room personnel that she “thinks” she hit the back of her head at the time of the MVA, she reported no loss of consciousness, no bumps or lacerations on her head were observed, and the physical examination of Petitioner’s head revealed it to be “normocephalic, atraumatic.” Therefore, Respondent failed to meet its burden of proof.