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| Case Name | Peterson v. Uninsured Employers' Fund | |
|---|---|---|
| Date | 03/05/2012 | |
| Note | A Montana man with severe cognitive difficulties failed to prove that he suffered a compensable injury from a falling storage unit door where there was no possibility the alleged accident could have occurred in the manner he described, and medical evidence was inconclusive as to whether the damage to his shoulder was the result of a traumatic event, the state Workers' Compensation Court ruled. | |
| Citation | 2011-2675 | |
| WCC Citation | WCC 1862012 MT |
¶ 3 Witnesses and Depositions: On September 12, 2011, Peterson, Mary Peterson (Mary), Bernadette Rice, and Michael Anderson, were sworn and testified. Issue Three: Whether the Uninsured Employers' Fund has acted reasonably in its handling of Petitioner's claim. "4 ¶ 6 Peterson has a history of cognitive difficulties, including episodes of amnesia. 5 In 2005, Peterson had a brain aneurysm surgically removed. 6 Peterson continued to experience severe headaches and balance problems after the surgery, and he reported ongoing problems with blackouts. On multiple occasions, counsel directed Peterson to refer to specific exhibits in responding to questions, and I observed Peterson answer counsel's inquiries while not being on the correct exhibit page. Although Peterson may have occasionally understood some questions and answered appropriately, I cannot determine with any certainty which questions Peterson understood and which he did not.
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