Medical Conditions: Pain

DesJardins v. Liberty Northwest Ins. [9/12/97] 1997 MTWCC 50 56-year old laborer found permanently totally disabled where both lay and medical witnesses convinced Court claimant suffers from chronic back pain severely limiting his activities. While the insurer presented a videotape showing claimant engaged in shooting, riding a four-wheeler, and other activities at a Rendevous outing, the video showed him to move slowly, stiffly, and gingerly. None of the physicians questioned his reports of pain, although one opined he could work, albeit only in four-hour stints with time allowed for significant rest. Particularly when considered in light of vocational evidence, the medical evidence demonstrated claimant had "no reasonable prospect of physically performing regular employment" in any work that would be available to him. §39-71-116(19), MCA (1993); Killoy v. Reliance Nat'l Indem., 278 Mont. 88, 923 P.2d 531 (1996) (pain is a factor that must be considered in termining PPD status).