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[Download] "Wear v. Buttrey Foods" by Supreme Court of Montana * eBook PDF Kindle ePub Free

Wear v. Buttrey Foods

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eBook details

  • Title: Wear v. Buttrey Foods
  • Author : Supreme Court of Montana
  • Release Date : January 03, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Submitted on Briefs September 9, 1988 Claimant Joy Wear (Wear) appeals from a judgment of the Workers' Compensation Court denying her claim for benefits for compensable injury. The sole issue before this Court is whether Wear has satisfied the statutory definition of ""injury."" We affirm the determination of the Workers' Compensation Judge that she has not Wear worked as a checker for Buttrey Foods since 1970. On May 18, 1987, Wear filed a claim for compensation alleging she had sustained twelve different maladies which ""arose out of and in the course of her employment, or were aggravated or accelerated by her employment . . ."" Wear claims her disability resulted from years of repetitive motion, constant stooping, lifting, twisting and standing Wear's compensation claim listed the names and addresses of seven attending physicians. Her list of physical complaints included weakness and pain in her left arm; cervical arthritis in the neck region; pain in her lower trunk, pelvis, and upper leg; a fallen arch; bursitis in her right knee; pain in her lower back; bursitis in her hip; disfigurement of her upper thighs; symptoms of stress and increased blood pressure; fibroid tumors in her uterus; abdominal pains; and varicose veins Buttrey Foods denied the claim and a hearing was requested before the Workers' Compensation Court. The Workers' Compensation Judge denied Wear's claim for compensation under the Montana Workers' Compensation Act, but strongly urged her to present a claim under the Occupational Disease Act. The Judge concluded that Wear had not satisfied the statutory definition of ""injury"" in Section 39-71-119, MCA (1985), as it read at the time of the alleged injury in 1987: ""Injury or injured defined. `Injury' or `injured' means:


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