Does Petitioner have sufficient evidence to prove that his workplace exposure caused lung condition?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 20
WCC No. 2014-3429.  MARC LUNDAY vs. LIBERTY NORTHWEST.

ORDER DENYING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT

Summary: Respondent moves for summary judgment on the grounds that Petitioner does not have sufficient evidence to prove that his workplace exposure to grain dust caused his lung condition, nor sufficient evidence to prove that his work caused his hernias.

Held: The Court denied Respondent’s motion. Petitioner met his burden of establishing there is an issue of material fact as to his lung condition by introducing medical evidence that his workplace exposure to grain dust caused his lung condition. An inference can be made from one of the records Respondent attached to its brief that one of Petitioner’s medical providers is of the opinion that Petitioner’s work caused his hernias. Thus, Respondent has not met its burden of establishing that there are no issues of material fact. Therefore, Respondent is not entitled to summary judgment.

Judgment: Liberty’s Motion for Summary Judgment is denied.