Legal Opinion

Ferguson v. American Stores

Montana Supreme Court

Decided July 6, 1994No. 94-031Published

1Opinion of the CourtJustice Weber

This is an appeal from a Workers’ Compensation Court decision entitling claimant to thoracic outlet syndrome surgery and reinstating his total disability benefits. We affirm.

We consider the following issues on appeal:

I. Did the Workers’ Compensation Court err in determining that claimant’s current condition was caused by a 1986 injury to his back?

II. Did the Workers’ Compensation Court err in determining that claimant’s request for thoracic outlet syndrome surgery was reasonable and necessary?

III. Did the Workers’ Compensation Court err in reinstating claimant’s temporary total disability…

2Cases cited8 opinions

  1. Francetich v. State Compensation Mutual Insurance FundMontana Supreme Court · 1992
  2. Smith-Carter v. Amoco Oil Co.Montana Supreme Court · 1991
  3. Plainbull v. Transamerica InsuranceMontana Supreme Court · 1994
  4. Chagnon v. TILLEMAN INSURANCE CO.Montana Supreme Court · 1993
  5. Crittendon v. Terri's Restaurant & LoungeMontana Supreme Court · 1991

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