SATTERLEE v LUMBERMEN S MUTUAL CAS
Annotate this Case
Download PDF
NO. 96-102 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 CATHERINE E. LUMBERMEN'S SATTERLEE, MUTUAL CASUALTY COMPANY, i,// i j /,j ~~~~~~$~~ BUTTREY FOOD AND DRUG, Employer. APPEAL FROM: The Workers' The Honorable Compensation Court, Mike McCarter, Judge presiding. COUNSEL OF RECORD: For Appellant: Bernard McLean For J. "Ben" & Everett; Everett; Knight, Dahood, Anaconda, Montana Respondent: Thomas A. & Hopkins; Marra; Great Submitted Marra, Falls, Wenz, Johnson Montana on Briefs: Decided: Filed: September December 12, 10, 1996 1996 Justice Terry N. Catherine Trieweiler E. Compensation Satterlee Court that totally she during was the Anaconda for course Company, while working that injury a disability After is wrongfully short of unrelated of the was not disability benefits. in part Compensation a result affirm raises 1. Workers' Are the by substantial Satterlee's imposition disability part any present trial found and that injury, by her and denied that judgment from conditions. at from the injured finding. of the We Workers' Court. The claimant 2. in been that work-related its Mutual she had recovered Court appeals Satterlee and had presented of her at disability and physical Compensation Workers' disability reverse evidence sustained her and mental alleged Lumbermen's that thereafter, she Food and Drug Satterlee claimed time consideration deposition, but Buttrey, Workers' injuries terminated that Court. the which of insurer, admitted a result in as a result the in Montana Buttrey's that of petition at Buttrey had for of opinion employment Lumbermen's benefits. a State disabled but the filed the of her store, Casualty delivered the credible Did the of a issues Compensation on appeal: Court's findings supported evidence? Workers' requests following for twenty Compensation an award percent Court of penalty benefits? 2 err attorney in when fees addition it denied and the to her FACTUAL BACKGROUND Catherine date that trial, her claim she was but did school, no other came before found, in that symptoms or Workers' old. her graduate 30, 1934. On the Compensation She did not Court graduate equivalency prior worked as a checker Anaconda. in the years during arthritis on September for from degree. high She has education. Satterlee store years receive fifteen injury, was born sixty formal For its Satterlee The that her to time injury, she performed her dusting and that physical limitation. cervical of was, Food and that which trial at court degenerative experienced Until included and Drug the she condition. the date no of her stocking shelves, out and checking She missed work-related had developed but duties, her Buttrey evidence floors, cleaning for spine, from date Satterlee cervical disability the customers, without due to condition. Satterlee's In May 1990, accident. As a result and missed for her stress several condition, which disorder, any further subject of a forty-five of this On July Satterlee she loss of was returned time son was killed loss, she suffered work. However, later to diagnosed work until the while waiting in date 1991 of her her underlying in an automobile severe depression following as treatment post-traumatic and worked injury without which is the appeal. 25, bent adult of that months no work over pound 1992, and twisted her bag of dog food on a customer at in an attempt to rearrange body so that 3 she could read Buttrey, the price label. As a result sensation in her as well body, her of experienced no She testified in her found left to testimony in be in her Since by diagnosed time in left prior a pulling that part arm. to that The Workers' witness and incident. pain Compensation did not of She had she has had continuous Satterlee but could since numerous as cervical injury, injury, not July attempted perform 28, Court question her Satterlee has her been Her trapezius disc to return strain," disease and to work duties, on and has not 1992. physicians. "left "degenerative any incident credible capacity her evaluated that by pain and down her and neck. days, any at experienced regard. two consecutive worked pain a that Following neck since she followed her similar shoulder her effort, shoulder, as in that left that seen injury and has been "neck degenerative treated or variously strain," and arthritis of the for her treatment has been headaches, which are worsened by capable of spine." Satterlee cervical was treated and shoulder Satterlee's pain with pain. medication However, and that therapy unsuccessful. present of most the is constant, it and time, her causes symptoms are activity. Due to her performing most her hours waking pain and discomfort, of her household are spent she is no longer responsibilities. sitting in 4 a recliner. The majority of During 1993, while Washington, Satterlee Lumbermen's that work have visiting should continuing soft healed within was Following Lumbermen's after During died diagnosed from that Administration any soft symptoms injury, age of necessary a foster daughter to 33 organ and Satterlee's further her preexisting psychiatric worsened. was on against diagnosed for any current security disabled major depression and benefits, and severe pain resulted The and contends that 5 SSA attributed though that she condition impairment her trauma. she has fully degenerative or physical Security any work-related even that, Social emotional Satterlee's and the position from underlying pain 1993. Lumbermen's been, disability by back injury her social 14, Lumbermen's tissue with December both which After was disorder. and has from to obtain the tumor. vocationally temporary. at brain found disability benefits. sister applied is, died 23, and Satterlee's Satterlee It on February home, stress disability any spinal disability daughter that preexisting total at in their she post-traumatic was advised and correspondence, year, of a fire condition evaluation, same who period, her she was unable state a terminal with emotional of adult fibrosis the she had sustained week Satterlee's cystic in a physician injury result terminated Satterlee's children by a six of that 1993, transplants. daughter tissue a receipt During from examined whatever disability disease. 1993, was her that physical injury recovered was from experienced prior to no that she currently experiences is condition. strictly There a result was medical Lumbermen's also disabled from physical not to gainful her responsible that function not to due to support her pain pain since any finding work-related The either Workers' party's than Compensation Court which are forth in set motions, are its 2. she Satterlee was suffered no Medical from exams (Finding prior Although No. neck prior or left after cervical was asymptomatic 3. years conducted preexisting Zl), the evidence totally to does disabled due disc to her Satterlee's the internal not completely accept are designated "conclusions," that denied and Satterlee's as follows: was a credible fifteen is unable under order summarized able did included Satterlee the it on appeal, been some of which findings, 1. during developed assert has she is her disorder. and that that not injury. Its are injury, is therefore, to injury, some of which post-trial her other that by that her is which continues to argument. as "findings," some of prior Satterlee factor disorder and contention. extent caused and degenerative that primary injury, contended, of the emotional any disability has she was free to the work-related for Satterlee her preexisting to support that, employment, but her testimony contends impairment, subsequent of witness. to perform to (Finding all her injury, shoulder of pain her injury disease. injury. daughter medicine 6 her and prior showed that However, No. died the specialist 7.) job duties testified to that that she that (Finding in No. date. suffered condition 8.) spring from of 1993 whom she sought that treatment that and for depression was only loss that prior for the her her to son industrial depression 4. trauma. and shoulder, neck, testimony that pain her pain, No. industrial had pain injury and associated Even she her muscle though the pain her left 30.) in Court spasm. found her was persuaded a preexisting symptomatic, (Finding suffers condition court aggravated condition Satterlee psychological the back 33.) 1992 made treatment of 29 and testimony, and years Administration because 1992, medical disease 7. since No. to No. on the Satterlee's cervical ever losses, 22.) disabled that noted two led Security (Findings (Finding of personal also Social testified arm credible. Based the 1993, accident loss No. was totally When Satterlee 6. That 1993, Satterlee a series (Finding 14, on May 10, an automobile injury. emotional 5. in in and insomnia. that and severe latest was killed On December concluded beginning No. from amplifies triggering 44.) shoulder her and pain. neck (Finding 46.) 8. If motivated, on a regular insurer's basis Satterlee in vocational 9. to her found that, based would be unable basis. (Finding to of two consultant. the However, motivation either could on attributed the cope No. 49.) and her The court of pain pain while and work identified No. mental her by the lack of 49.) Satterlee's general combination with her positions (Finding court depression tolerate condition, circumstances, working was unpersuaded, and she on a regular however, that absent her her pain personal and work. 10. could The not However, trauma losses, the (Finding court cope with her with relatives, performing either valid medical with pain, M.D. however, to industrial 11. post-trial to be anything she truthfully that her underlying and that condition that it motions, the pain her occurred which condition is principle events disorder occurred conclude for as is since amplified compensable, which her by but in caused subsequent this Satterlee's to denied not her were to her Satterlee's find but Satterlee's believed However, is amplifying underlying injury. a cope reasons not by had to and pain. to her Satterlee those she claimed, led approved 12.) did condition close physically inability Court disabling have her Law No. work. psychological from that that it to and other events, that psychological which with Satterlee medically did of than the her were Compensation other losses have which clarified reported daughter unrelated Workers' cope return absent concluded (Conclusion to trial therefore reasons further of preclude court subsequent When the time her would The be unable that of two jobs it injury. and death and psychological attributable pain the the persuaded pain of at pain, the Satterlee's would 50.) that was not associated Headapohl, No. agreed court Dana Satterlee The preexisting case, stated her pain, psychological court recognized psychological concluded post-traumatic work-related it that injury. that the stress ISSUE Are the Workers' substantial they Compensation credible We will are the supported on the her the substantial credible (1995), of that That motion of that therefore, Those pain regular her basis. there are two jobs takes has not cross-appealed, those findings which while no her and and has the her that her Satterlee Court as it 9 her deal her to her that fifteen underlying experienced continuous injury. The with that to work unable underlying could for to from from the to and prior duties of inability render absent employee date the favorable symptoms job from suffered she aggravated neck, since were disease of her however, substantial is Satterlee experienced all by based appeal Compensation its findings her condition, However, The Workers' employer pain 566. Satterlee and to perform emotional to its supported she spasm due 563, defendant, disc in her not 892 P.2d amend degenerative disease of to the Wunderlich v. denied, injury, combination Court were that, that muscle for 408, of and was able and evidence. Lumbermen's injury, degenerative if were findings work-related Due to findings was condition years. by Court's 404, judgment as true an underlying condition supported they motion. we accept Satterlee. 270 Mont. Compensation contention denial Compensation entry Workers' evidence. findings Workers' by Lumbermen sMutualCas.Co. moved Court's evidence? uphold Following 1 emotional pain on a disorder, perform. correctly finds concluded her, and that that if an her disability is condition, that from that 413-14, aggravated the one on which which that occurred Satterlee's did not determine whether the (197?), is that finding is Mont. events and that We must, supported was the from injury, 411, and the based, resulted injury. results finding, condition her I?5 critical to her work-related preexist emotional which benefits emotional or disability V. Empire Mfg. of her physical for However, subsequent condition liable 988. denial finding is Shumacher 987, the an underlying employer aggravation. 574 P.2d court's by that therefore, by substantial of information evidence. In which the record, relate disorder. to They trial, the medical the medical records death, treatment the for St. the Martin D. stress at the Cheatle, time Ph.D., and of the M.D. Satterlee stated that she believed symptoms developed in May 1990 when her that she was out of work that this Cheatle condition Hospital evaluation. His condition of to for eight months to work return injury was the Patrick diagnosis post-traumatic own testimony C. Olson, trial, had been able psychological Satterlee's She stated until Dr. of sources stress for but three claimant's Kenneth post-traumatic treatment the during only of records of son was killed. in are onset include When asked her there following and involved after her that son's period of occurred. psychologist who evaluated Medical Panel records declined to which indicate after post-traumatic stress 10 Satterlee she was that, the death disorder referred although of her was for her daughter, first made following the death first psychotherapy It was of her began pain, shoulder were pain, by depression. However, between from condition which Dr. for attending of of son she when stress discussing not with emotional conditions work-related injury. suggests disorders work-related to is Any that the events death that the the primary of her 11 death so severe His report and expressed Similar emotional He diagnosed and does occurred which was she cried grief that the months. event. factor injury. trauma son. report son, following eight her inference daughter. indicates her that that Sadaj of his her of her a period in that Sadaj, began any other disorder Michael emotional of report, by Dr. Dr. of his and was pathological Nowhere of that whom Satterlee the loss to unresolved disorder. to in worsening to 1993 interview related any with disorder point death problems that the and the report his to deal stress son August for memory during are depression report in and any a psychiatrist emotional her that reactions is His 1990, lost indicates anger in her by persistent stress at following evaluation Satterlee's ability post-traumatic of C. Olson physician. her that death treatment Satterlee's post-traumatic occurred Kenneth referred onset the the that not, her incident. and her he does distinguish and that that opinion complicated resulted 1990, following Cheatle's and left cervical Dr. son in can post-traumatic he after be related occurred major relate Satterlee's drawn to those those prior from his mental to her There is Satterlee's no other emotional above. to disorder, Therefore, evidence conclude the Workers' depression by events which We have which other we support Satterlee's evidence than that held her not Court's stress to a cause evidence was Compensation subsequent previously the there or post-traumatic occurred suggests for set forth substantial finding disorder that was caused work-related injury. that: [I]t is well established that an employer takes his subject to the employee's physical and, employee the time logically, emotional condition at of his Birnie \I. U.S. Gypsum Co., 134 Mont. 39, 328 P.2d employment. 13 3 ( 19 5 8 ) ; Peilz v. Industrial Accident Board, 12 7 Mont . 3 16 , 2 6 4 An employee who suffers from a P.2d 709 (1953). pre-existing condition is entitled to compensation if the Rumsey condition was aggravated by an industrial injury. Weakley v. Cardinal Petroleum, 16 6 Mont. 17, 530 P.2d 433 (1975); 332, 249 P.2d 926 (1952). 11.Cook, 126 Mont. Shumacher , 175 Mont. The Workers' of law when, at 413-14, Compensation during trial, 574 P.2d Court it at 988 correctly recognized this rule stated: Sounds like we've got the principle that you take the worker as you find them, so if they are suffering from an underlying psychological condition and they've got pain even though that pain continues to be that's triggered, -- they continue to feel more severe pain than they would without the psychological condition, this sounds like a thing. You ' ve some of the multi-factorial got psychological condition arising before, some after, with the psychological condition probably amplifying the pain. It in logically 1992 arthritis aggravation, she cannot follows aggravated or disc which cope with an disease, is that if Satterlee's underlying and condition she made worse due to a preexisting of experiences by physical 12 work-related degenerative pain activity, emotional injury from that and which condition, such as depression liable or for the physical and disability Court for from that this case, In conditions. found and concluded regular employment that we Compensation total Court reverse to the disability entry the extent to employer the is combination the Satterlee of Workers' was not it favor of denied and remand in combination judgment that benefits, judgment of due her a impairment. Therefore, for disorder, results and emotional physical for stress which emotional Compensation candidate post-traumatic of case to claim that claimant, her Workers' the Satterlee's this the of court Catherine Satterlee. ISSUE Did the Satterlee's of disability is entitled award percent contends benefits to an award and the of err when attorney penalty Workers' that in it fees denied and the to addition of MCA was correct Compensation Lumbermen's was unreasonable attorney her termination and, of fees pursuant percent penalty on when it she conclusion Based (1991). terminated Court held that that part of to her that therefore, of a twenty imposition 5 39-71-2907(l), Lumbermen's the an twenty also disability MCA (1991), to a for Court benefits? Satterlee total Compensation Workers' requests imposition 2 its her disability the insurer 5 39-71-611, pursuant that benefits, had not acted unreasonably. Although Court's judgment we reverse which denied disability 13 the Workers' benefits to Compensation Satterlee, we conclude could that have there found terminated J. with regard the insurer M.D., dated cause it was not to termination rely of denial on did not upon act February of her that 1, Therefore, of attorney fees is remanded and 1993, as a matter as the the it from an issue complaints. of law basis Workers' a twenty court when created physical information benefits. the correspondence continuing unreasonable which unreasonably Specifically, to the that evidence insurer benefits. Harris, conclude Court's that her Alvin was substantial percent We for for the its Compensation penalty is Court for affirmed. This entry case of judgment consistent to the with Workers' this 14 Compensation opinion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
