Bain v. Liberty Mutual Fire Insuran , 2005 MT 299N ( 2005 )


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  •                                            No. 04-577
    IN THE SUPREME COURT OF THE STATE OF MONTANA
    
    2005 MT 299N
    LORI MEYERS BAIN,
    Petitioner and Appellant,
    v.
    LIBERTY MUTUAL FIRE INSURANCE
    COMPANY,
    Respondent/Insurer and Respondent,
    for
    SHOPKO STORES, INC.,
    Employer.
    APPEAL FROM:         Workers’ Compensation Court, State of Montana,
    The Honorable Mike McCarter, Judge presiding.
    COUNSEL OF RECORD:
    For Appellant:
    Thomas A. Marra, Marra, Sexe & Evenson, P.C., Great Falls, Montana
    For Respondent:
    Larry W. Jones, Law Office of Jones & Garber, Missoula, Montana
    Submitted on Briefs: May 31, 2005
    Decided: November 29, 2005
    Filed:
    __________________________________________
    Clerk
    Justice John Warner delivered the Opinion of the Court.
    ¶1     Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal
    Operating Rules, as amended in 2003, the following memorandum decision shall not be cited
    as precedent. Its case title, Supreme Court cause number and disposition shall be included
    in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and
    Montana Reports.
    ¶2     Lori Meyers Bain (Bain) appeals from the judgment of the Workers’ Compensation
    Court. This judgment held that Bain did not timely notify her employer of her injury, she
    did not timely file a claim for her injury, and she was not injured (in the form of a
    demyelinating disease, chronic fatigue, myalgias, arthralgias, mental confusion, and memory
    loss) from receiving hepatitis B vaccinations at the urging of her employer. We only
    consider Bain’s appeal of the Workers’ Compensation Court’s holding that she was not
    injured by hepatitis B vaccinations taken at the urging of her employer, as we find this issue
    to be dispositive. We affirm the judgment of the Workers’ Compensation Court.
    ¶3     In this case, the Workers’ Compensation Court was confronted with a multitude of
    evidence and conflicting testimony in trying to determine whether Bain’s injuries were
    caused by receiving hepatitis B vaccinations. In its carefully detailed and reasoned findings
    of fact, conclusions of law, and judgment, the Workers’ Compensation Court noted that it
    assessed the various physicians who testified and analyzed their medical credentials, logic
    and biases, as well as the medical authorities relied upon by each physician. It is also clear
    from the opinion that the Workers’ Compensation Court methodically considered and
    reviewed all of the evidence presented by both sides.
    ¶4     The Workers’ Compensation Court concluded that Bain suffered an anxiety reaction
    2
    to the hepatitis B vaccinations, but that this reaction was transient and caused no permanent
    harm. The Workers’ Compensation Court further concluded that Bain failed to demonstrate
    that there is a causal relationship between the hepatitis B vaccinations and disabling
    conditions she suffers from.
    ¶5     We have determined to decide this case pursuant to Section 1, Paragraph 3(d) of our
    1996 Internal Operating Rules, as amended in 2003, which provides for memorandum
    opinions.
    ¶6     We review the findings of fact of the Workers’ Compensation Court to determine if
    they are supported by substantial credible evidence. Mont. State Fund v. Murray, 
    2005 MT 97
    , ¶ 13, 
    326 Mont. 516
    , ¶ 13, 
    111 P.3d 210
    , ¶ 13. We have previously defined substantial
    evidence as “evidence that a reasonable mind might accept as adequate to support a
    conclusion; it consists of more than a mere scintilla of evidence but may be somewhat less
    than a preponderance.” Swain v. Battershell, 
    1999 MT 101
    , ¶ 34, 
    294 Mont. 282
    , ¶ 34, 
    983 P.2d 873
    , ¶ 34 (quoting Barrett v. Asarco Inc. (1990), 
    245 Mont. 196
    , 200, 
    799 P.2d 1078
    ,
    1080). The same standard of review will be applied when the record contains both
    deposition medical evidence and other trial evidence relevant to the medical issue. Murray,
    ¶ 13. We will review the conclusions of law of the Workers’ Compensation Court to
    determine whether they are correct. Murray, ¶ 13.
    ¶7     It is manifest on the face of the briefs and the record that Bain’s appeal is without
    merit. While there is conflicting evidence, it is clear from the record that the findings of fact
    of the Workers’ Compensation Court are supported by substantial evidence. Also, the
    Workers’ Compensation Court correctly interpreted the law.
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    ¶8   We affirm the judgment of the Workers’ Compensation Court.
    /S/ JOHN WARNER
    We Concur:
    /S/ KARLA M. GRAY
    /S/ BRIAN MORRIS
    /S/ JIM RICE
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Document Info

Docket Number: 04-577

Citation Numbers: 2005 MT 299N

Filed Date: 11/29/2005

Precedential Status: Precedential

Modified Date: 10/30/2014