Ramsey v. Duncan

• Decision Date: 10 November 1977
• Docket Number: No. 13695,13695
• Parties: Chris W. RAMSEY, Claimant and Respondent, v. Willard DUNCAN and Ronald G. Baier, Employer and Argonaut Northwest Insurance Company, Defendant and Appellant.
• Court: Montana Supreme Court

Page 384

571 P.2d 384

174 Mont. 438

Chris W. RAMSEY, Claimant and Respondent, v. Willard DUNCAN and Ronald G. Baier, Employer and Argonaut

Northwest Insurance Company, Defendant and

Appellant.

No. 13695.

Supreme Court of Montana.

Submitted Sept. 23, 1977.

Decided Nov. 10, 1977.

Andrew J. Utick (argued), Helena, for appellant.

Tipp, Hoven & Skjelset, Vernon Hoven (argued), Missoula, for respondent.

HASWELL, Justice.

Appellant, a Plan II insurer under the Montana Workers' Compensation Act, appeals from an award of indemnity benefits to respondent by the Workers' Compensation Court. The Workers' Compensation Court awarded respondent indemnity benefits in the amount of $60 a week for 180 weeks for a 90 percent permanent partial disability of his right hand. Following denial of its application for rehearing, the Plan II insurer appeals to this Court.

On June 9, 1975, respondent sustained an injury to his right hand while employed by Trapper Manufacturing Company of Kalispell as a "finish man" in the construction of pickup campers. Respondent's right thumb, index finger and second finger were severed by a table saw while he was apparently trying to free some material that had become jammed in the saw.

The injury was promptly reported, a claim was timely filed, appellant as Trapper's insurer accepted liability, and temporary total benefits were commenced.

Respondent was initially treated by Dr. G. W. Ingham in Kalispell who referred him to Dr. Gerald Olmsted of Spokane. Dr. Olmsted managed to reimplant respondent's thumb after shortening it approximately 1/2 inch. Attempts to save the other two severed fingers failed. Respondent was treated by Drs. Ingham and Olmsted throughout his healing period.

On January 5, 1976, the healing period had ended. By a report dated January 26, 1976, Dr. Olmsted rated respondent's disability as 55 percent as compared to the loss of his entire right hand.

Based on Dr. Olmsted's report, appellant made an offer of $6,600 as a lump sum settlement of respondent's claim. This offer was rejected by respondent.

Respondent later was evaluated by Dr. Ingham at appellant's request. Dr. Ingham rated respondent's disability at 66 percent as compared to the loss of the entire right hand. Based on Dr. Ingham's report, appellant increased its offer of settlement to $7,920. This offer was also rejected by respondent who demanded payment for total loss of the hand.

The medical ratings of Dr. Olmsted and Dr. Ingham are the only ratings contained in the record. At the close of the hearing before the Workers' Compensation Court both parties stipulated to the medical reports contained in the file and that both parties would rely on them.

In the meantime respondent returned to work on July 21, 1976. He did not attempt to return to Trapper Manufacturing because of what he termed "unsafe working conditions". Respondent's first job upon returning to work was as an unskilled laborer. At the date of the Workers' Compensation Court hearing, respondent was working as an unskilled laborer for a plywood manufacturing firm. His hourly wage was $1.07 higher per hour than his wage at Trapper Manufacturing Company at the time of the accident.

Respondent testified that as a result of the accident he has experienced a loss of sensitivity in the reimplanted thumb, and a loss of grip in the entire right hand along with a general loss of manual dexterity. The effect of the accident has been to greatly reduce the number of activities which respondent can perform with his right hand and to reduce the speed at which he can perform other activities. In this regard, he testified that he was still able to use some of the hand tools he used in his job at Trapper Manufacturing Company, but that...