2013 MTWCC 15
STORMY L. LANGSTON Petitioner
v.
MACO WORKERS' COMPENSATION TRUST Respondent/Insurer.
No. WCC 2012-3055
Court of Workers Compensation of Montana
July 22, 2013
Submitted: April 16, 2013
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
JAMES JEREMIAH SHEA JUDGE
Summary: Petitioner alleges her workplace environment aggravated her COPD, resulting in a compensable occupational disease. Respondent denies that Petitioner suffered an occupational disease.
Held: Petitioner's claim for occupational disease benefits is not supported by a preponderance of the medical evidence and is therefore denied.
¶ 1 Trial in this matter was held April 16, 2013, at 9:30 a.m., in the Flathead County Justice Center, 920 South Main, Kalispell, Montana. Petitioner Stormy L. Langston was present and represented herself. Respondent MACO Workers' Compensation Trust (MACO) was represented by Norman H. Grosfield.
¶ 2
Exhibits: I admitted Exhibits 1 through 9 without objection.
¶ 3
Witnesses and Depositions: Petitioner Stormy L. Langston, Terry Langston, Bill Bishoff, and Liz Krzan were sworn and testified.
¶ 4
Issues Presented: The Pretrial Order sets forth the following issues:
1
Issue One: Whether Petitioner has suffered a compensable occupational disease.
Issue Two: Whether Petitioner is entitled to recovery of attorney fees and costs.
FINDINGS OF FACT
¶ 5 Langston is the elected Justice of the Peace for Lincoln County, Montana. She has held that position since January 1, 2007.
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¶ 6 On February 22, 2012, Langston filed a claim for occupational disease (OD) benefits in relation to a pulmonary condition. MACO has denied liability for the claim.
3
¶ 7 Terry Langston testified at trial. Terry is Langston's husband, to whom he has been married 20 years.
4 I found Terry to be a credible witness.
¶ 8 Terry was getting ready to go to work on Super Bowl Sunday, February 5, 2012, when Langston began complaining she was having trouble breathing. Langston was transported to Kalispell Regional Medical Center (KRMC) where she was administered oxygen and kept overnight for observation.
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¶ 9 Prior to that event, Langston had been coming home from work for several months complaining of headaches, watery eyes, and being irritable.
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¶ 10 After Langston's hospitalization on February 5-6, 2012, the county closed the Eureka annex building where Langston's courtroom was located. In 2009, there was a fire in the annex and it was closed for about 6 months to effect repairs. After the building reopened, Terry testified that the air had a metallic taste, and after about 45 minutes he experienced watery eyes, headaches, and dry mouth while in the building.
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¶ 11 After the county closed the annex building in 2012, the county put in an air exchanger and ventilated windows and reopened it. Terry testified that the air quality in the building is now markedly improved, and his wife does not complain of watery eyes or headaches any more.
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¶ 12 Terry admitted that both he and Langston are cigarette smokers, smoking up to a half pack of cigarettes a day.
9
¶ 13 Langston testified at trial. I found Langston to be a credible witness. Besides corroborating much of her husband's testimony, Langston admitted to being a...
