Bludorn v. Terex Utilities, Inc., 092920 SDWC, 33, 2017/18

Case DateSeptember 29, 2020
CourtSouth Dakota
Bruce G. Bludorn
v.
Terex Utilities, Inc. and Indemnity Insurance Company of North America
HF No. 33, 2017/18
South Dakota Workers Compensation
September 29, 2020
          Mindy R. Werder Sutton Law Offices, PC           Kimberly A. Dorsett Richardson, Wyly, Wise, Sauck, & Hieb, LLP          RE: HF No. 33, 2017/18 – Bruce G. Bludorn v. Terex Utilities, Inc. and Indemnity Insurance Company of North America          Dear Ms. Werder and Ms. Dorsett:          This letter addresses the following submissions by the parties:
July 29, 2020 Employer/Insurer’s Motion for Summary Judgment
Employer/Insurer’s Brief in Support of Motion for Summary Judgment
Employer/Insurer’s Statement of Undisputed Material Facts
Affidavit of Kimberly Dorsett
August 25, 2020 Claimant’s Objection to Motion for Summary Judgment
Claimant’s Brief in Opposition to Motion
Claimant’s Statement of Undisputed Material Facts
September 9, 2020 Employer/Insurer’s Response to Claimant’s Reply
Second Affidavit of Kimberly Dorsett
         ISSUE PRESENTED: IS EMPLOYER/INSURER ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW?          FACTS          Claimant, Bruce G. Bludorn, was employed by Terex Utilities, Inc. (Employer) for approximately 32 years where he performed many tasks. On May 16, 2017, Claimant was working when he suffered an injury to his right arm. Claimant was sanding when he suddenly felt pain in his right arm, followed by the inability to move it. A coworker contacted an ambulance and Claimant was taken to the hospital. While in route, Claimant’s right leg become paralyzed. The emergency room doctor’s initial diagnosis was that Claimant had suffered a stroke. Based on this diagnosis, Employer/insurer denied compensability for the injury. On June 17, 2017, Claimant saw Dr. Eugenio Matos, who performed a neurodiagnostic study on Claimant’s right arm. Dr. Matos subsequently opined that Claimant suffered from median neuropathy at the wrists due to mild carpal tunnel affecting sensory and motor fibers.          Claimant filed a petition for a hearing on September 12, 2017. Employer/Insurer filed its reply on...

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