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CARMEN HEICHEL vs. LIBERTY MUTUAL INSURANCE

Workers' Compensation Court of the State of Montana

Did Petitioner timely notify employer of alleged industrial accident and injury?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2018 MTWCC 6
WCC No. 2017-394. CARMEN HEICHEL vs. LIBERTY MUTUAL INSURANCE.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

Summary: Petitioner asserts she injured her neck and shoulder in an industrial accident and told her manager of the accident and injury later that shift. Petitioner also asserts she told two other managers of her accident and injury within 30 days. The managers deny that Petitioner told them she suffered an industrial injury. Two of the managers testified that Petitioner initially said she was injured in a fall at her home.

Held: After weighing the evidence, this Court finds that Petitioner did not give her employer notice of her alleged industrial accident and injury within 30 days. Therefore, Petitioner’s claim is not compensable under § 39-71-603(1), MCA.

Judgment: Heichel did not timely notify her employer of her alleged industrial injury under § 39-71-603(1), MCA; therefore, she does not have a compensable claim. Liberty did not unreasonably refuse to accept liability for Heichel’s claim, and she is not entitled to attorney fees under § 39-71-611 and -612, MCA, or a penalty under § 39-71-2907, MCA. Pursuant to ARM 24.5.348(2), this Judgment is certified as final and, for purposes of appeal, shall be considered as a notice of entry of judgment.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/h/Heichel_2018MTWCC6.pdf