Murphy v. Westrock

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The Workers’ Compensation Court (WCC) erred by ruling that a chiropractor may not make a medical determination regarding the claimant’s 1991 work-related injury in this case.In 1991, Claimant suffered injuries while working for Employer. Based on Chiropractor’s opinion, Claimant presented claims to Employer’s successor (Employer) for permanent partial disability and vocational rehabilitation benefits. Employer denied the claim on the ground that it was premised upon the medical determination of a chiropractor, rather than a physician, as required by the 1991 workers’ compensation statutes. Claimant filed a petition in the WCC. The WCC granted summary judgment to Employer, concluding that the 1991 statutes rendered Chiropractor’s opinion inadmissible. The Supreme Court reversed, holding (1) EBI/Orion Group v. Blythe, 931 P.2d 38 (Mont. 1997), controlled the outcome here; and (2) reversal was required because the WCC determined it was bound to follow Fleming v. International Paper Co., 194 P.3d 77 (Mont. 2008), as this Court’s most recent holding on the issue, but this Court’s overboard analysis in Fleming was in error. View "Murphy v. Westrock" on Justia Law