Order Resolving Respondent's Motion in Limine and Findings of ...

second deposition in which she opined for the first time that Petitioner’saggravation was permanent and not temporary.Constitutions, Statutes, Regulations, and Rules: Montana CodeAnnotated: 39-71-407. Where Petitioner’s treating physician opined thathis work was the fourth in importance of five factors which contributed tohis degenerative disk disease, the Court concluded that Petitioner’s workwas not the “leading cause” as set forth in § 39-71-407(13), MCA.Occupational Disease: Proximate Cause. Where Petitioner’s treatingphysician opined that his work was the fourth in importance of five factorswhich contributed to his degenerative disk disease, the Court concludedthat Petitioner’s work was not the “leading cause” as set forth in § 39-71-407(13), MCA.Injury and Accident: Aggravation: Temporary Aggravations. WherePetitioner’s treating physician opined that his condition was a temporaryaggravation of his pre-existing condition, another medical expert opinedthat Petitioner’s job duties did not aggravate his back condition, andPetitioner acknowledged that he had never been pain free since aprevious industrial accident and that he suffers frequent, temporaryexacerbations of his condition with innocuous activity, the Court concludedthat Petitioner’s work activities only caused a temporary aggravation of hispre-existing condition and that liability for any medical treatment wouldrest with the insurer liable for Petitioner’s previous industrial injury. 1 The trial in this matter occurred on January 10, 2012, at the Workers’Compensation Court in Helena, Montana. Petitioner Marlon Clapham was present andwas represented by David T. Lighthall. Joe C. Maynard represented Respondent TwinCity Fire Insurance Company (Twin City). 2 Exhibits: I admitted Exhibits 1 through 25 without objection. 3 Witnesses and Depositions: The parties agreed that the depositions of Clapham,Linda Slavik, Robert Vincent, M.D., Richard Hibbs, Cole Johanssen, Gregory D. Hutton,M.D., Elizabeth “Liz” McDonald, RN, CCM, and two depositions of Valerie Chyle, APRN,FNP, can be considered part of the record. 1 Clapham was sworn and testified.1 I will consider Chyle’s depositions subject to my ruling on Twin City’s Motion in Limine.Order Resolving Respondent’s Motion in Limine andFindings of Fact, Conclusions of Law and Order - 2