Occupational Disease: Occupational Disease Versus Injury
Hartford v. Montana State Fund, In re Claim of McKirdy [08/01/12] 2012 MTWCC 28 Although Respondent argues that the claimant suffered from an occupational disease, the evidence presented to the Court was that the claimant felt a “pop” while working, the claimant’s supervisor testified that he witnessed the incident, and the claimant’s treating physician opined that the claimant’s rotator cuff tear was caused by an industrial accident. The Court concluded the claimant had an injury and not an occupational disease. |
Dewey v. Montana Contractor Compensation Fund [05/16/09] 2009 MTWCC 17 If the claimant’s left wrist condition is attributable to an industrial accident in which a stack of stair risers fell onto it, then his condition is an industrial injury and not an occupational disease. |
Kratovil
v. Liberty Northwest Ins. Corp. [07/17/07] 2007 MTWCC 30
Where the symptoms of Petitioner’s hand and wrist conditions predated
a specific drill accident, and an x-ray report which predated the drill
accident indicates readily observable degenerative changes in Petitioner’s
left hand, Petitioner’s wrist and hand conditions cannot be attributed
to the drill accident. |
Cardwell
v. UEF [06/15/07] 2007 MWCC 22
In light of the testimony regarding the physical demands of the work
Petitioner performed (hanging sheetrock), the fact that Petitioner can
recall no specific incident preceding his neck pain, and the uncontroverted
medical evidence that Petitioner’s condition is work related,
the Court concludes that Petitioner’s condition is more likely
than not an occupational disease. |
Mosca
v. American Home Assurance [2/13/04] 2004 MTWCC 6 Where
claimant's job involved hard labor and only upon retrospection did he
remember events on a single day that might have caused his herniated
disk, and where the evidence and medical opinions indicated his herniated
disk arose on account of job activities but diverges as to whether his
condition arose as a result of events on a single day or over a longer
period of time, the Court finds evidence of a cumulative, multiple trauma
over more than one day the more plausible explanation and finds that
claimant suffered an occupational disease rather than an injury. |
Mosca
v. American Home Assurance [2/13/04] 2004 MTWCC 6
Where the only medical evidence
was that claimant suffered an injury or occupational disease, the Court
must choose between the two. |