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High Court Reverses Stance on Causation Standard for Claimants

By Sherri Okamoto (Legal Reporter)

Thursday, July 26, 2012 | 0

The Montana Supreme Court overturned a precedent it set two years ago and ruled that a claimant who suffered a whiplash injury while attempting to use a pickup to clear a jammed piece of machinery failed to prove his employer's liability for a more serious cervical spine condition revealed in a later MRI.In Ford v. Sentry Casualty Co., No. DA 11-0427, the Montana Supreme Court said that in order to be entitled to benefits, a claimant must establish both the fact of his injury and its causal relationship to his work through objective medical findings."Our statement in Boyd v. Zurich America...

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