No. 90-539 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1991 

JIM RICHARDSON, 

Claimant and Appellant, 

COLUMBIA FALLS ALUMINUM CO., 

Employer, 

and 

STATE COMPENSATION MUTUAL INSURANCE FUND, 

Defendant and Respondent. 

APPEAL FROM: Workers1 Compensation Court 

The Honorable Timothy Reardon, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

John H. Bothe; Laurie Wallace; Bothe & Lauridsen; 

Columbia Falls, Montana 

For Respondent: 

Mark L. Stermitz; Warden, Christiansen, Johnson & 

Borg; Kalispell, Montana 

lLF s*md .wr 

Submitted on Briefs: February 21, 1991 

MAR 2 8 1991 Decided: March 28, 1991 Filed: i 

i ,3 

CLERK OF SUPREl'ilC COUR? 

STATE OF UOld'i"AI4A 

Clerk 
Justice Fred J. Weber delivered the opinion of the Court. 

Claimant, Jim Richardson, appeals from an order of the 

Workers1 Compensation Court denying his claim for a neck or 

cervical spine injury. We affirm. 

The issue is: Was there substantial evidence to support the 

Workers1 Compensation Court's conclusion that Mr. Richardson had 

failed to establish that he suffered an industrial injury to his 

neck or cervical spine (hereinafter referred to as cervical injury) 

on November 4, 1987? 

On June 25, 1984, Mr. Richardson was working as a pipe fitter 

at the aluminum plant in Columbia Falls, Montana, when he hit his 

head on a piece of angle iron as he was ascending a ladder to an 

overhead walkway. The force of the impact "jammedv his neck and 

resulted in a lump on his head. Mr. Richardson filed an accident 

report with his employer, but did not seek immediate medical 

treatment and did not lose any work time. 

On November 4, 1987, Mr. Richardson was changing an air valve 

on a cylinder at the aluminum plant. Mr. ~ichardson was pulling 

on a 24 inch pipe wrench when the wrench gave way and he fell 

backward, striking his right elbow on a steel cylinder. The next 

day Mr. Richardson went to Dr. Spencer, family practitioner, for 

pain in his elbow. The following day he saw Dr. Spencer's partner, 

Dr. Winkel. He was diagnosed as having tendonitis of the elbow and 

was treated with anti-inflammatory medication, a tennis elbow 

splint, and was restricted from lifting more than 20 pounds with 

his right arm. He was told it would take three to four months for 

2 
the elbow to heal. Approximately four months later Mr. Richardson 

returned to Dr. Winkel complaining of severe headaches, pain across 

both shoulders, into the neck and down to the left elbow, and 

numbness in the first two fingers and thumbs of both hands. 

Neither party disputes that Mr. Richardson suffered an 

industrial accident in 1984 that resulted in a cervical injury. 

The dispute arises over the nature and extent of the cervical 

injury suffered by Mr. Richardson in 1984 and the effect, if any, 

the 1987 industrial accident had on that injury. In 1989, Mr. 

Richardson filed a workers' compensation claim for his cervical 

injury resulting from the 1984 accident. The parties settled for 

$10,000. Mr. Richardson now brings this claim for aggravation of 

the cervical injury in the 1987 accident. 

The Workers' Compensation Court determined that Mr. Richardson 

had failed to establish that he suffered a cervical injury in 1987. 

Mr. Richardson claims that the Workers' Compensation Court relied 

exclusively on the written report of Dr. Joern to support its 

conclusion and that a careful evaluation of the other examining 

and testifying physicians in the case would show that in fact a 

preponderance of the medical evidence weighed in Mr. Richardson's 

favor . 

Where findings are based on conflicting evidence, this Court's 

function is confined to determining whether there is substantial 

evidence to support the Workers' Compensation Court's findings and 

conclusions. It is not this Court's function to determine whether 

there is sufficient evidence to support contrary findings. Morris 
v. Montana Forward (Mont. 1990), 799 P.2d 1063, 1065, 47 St.Rep. 

Mr. Richardson testified that when he fell back and hit his 

elbow in 1987, his head snapped back, aggravating his cervical 

injury. As evidence he states that it was only after the 1987 

accident that he experienced any symptoms. In March, 1988, he 

developed severe headaches, pain across both shoulders, into the 

neck and down to the left elbow, and numbness in the first two 

fingers and thumbs of both hands. The Workers1 Compensation Court 

found Mr. Richardsonls testimony not credible because he had made 

no mention of his head "snapping backgg in the 1987 accident until 

two and a half years had passed and he had settled the 1984 claim. 

The Workersg Compensation Court had before it the depositions 

of five physicians and the medical reports of seven other 

physicians. A review of all the medical evidence supports the 

Workerst Compensation Court's conclusion. 

The reports of the first examinations following the 1987 

accident cover only the elbow injury. Mr. Richardson made no 

mention of the glsnappinggg of his neck when he described his 

accident to Dr. Spencer and Dr. Winkel. Dr. Winkel testified that 

when the cervical symptoms began four months later, he did not give 

it much thought in terms of whether the 1987 accident was related 

or not. He believes he recalls Mr. Richardson subsequently telling 

him about the "snappinggg of his neck but he does not know exactly 

when and does not have it recorded in any of his written records. 

Dr. Stephens, a physical medicine and rehabilitation physician 
from Kalispell, did diagnostic tests on Mr. Richardson in March and 

April, 1988, shortly after Mr. Richardson began to develop the 

headaches and pains in his arms and shoulders. Dr. Stephens1 

written reports record the wjammingv' of the neck in 1984 and the 

striking of the elbow in 1987. No mention is made of a "snappingM 

of the neck in 1987. Dr. Stephens testified that in his opinion 

the symptoms experienced by Mr. Richardson beginning in March, 

1988, were the natural progression of degeneration resulting from 

the 1984 cervical injury. When Mr. Richardson's attorney asked him 

if his answer would be different if Mr. Richardson was asymptomatic 

prior to the 1987 accident, Dr. Stephens replied that might change 

his answer but that he considered it a purely hypothetical question 

which he was reluctant to answer. 

In August, 1988, Dr. Friedrick, a Helena orthopedic surgeon, 

examined Mr. Richardson. He testified that there is no mention of 

the 1984 accident in his records, no mention of the neck being 

involved in the 1987 accident, and he had no recollection of ever 

having that information. He assumed that he was being deposed 

regarding the elbow injury. 

In December, 1988, Mr. Richardson was examined by a Missoula 

medical panel to determine when the cervical injury occurred. The 

panel was made up of Dr. Norman, a neurologist, and two orthopedic 

surgeons, Dr. Sterling and Dr. Jacobson. The panel evaluation 

report was drafted by Dr. Norman and concluded: 

Question now arose as to relationship of elbow injury 

(11-4-87) and impairment of the cervical spine. Quite 

frankly, there is no clear relationship. There is no 

clear history of cervical spine injury or aggravation of 
preexisting condition in history obtained relating to 

injury of November 4, 1987. 

Discussion now turned to previous injury in July of 1984. 

Finally it was concluded on the basis of history and 

medical data available that it could not be determined 

when injury of the cervical spine occurred. 

Dr. Norman's written records do not mention the "snappingI1 of 

the neck when he described the 1987 accident. 

Dr. Peterson's written records also do not mention the 

"snappingw of the neck in 1987. In testimony however he testified 

that "I don't have any record that he actually struck his head or 

his neck with that particular accident [in 19871. What he did was 

he stressed the head and the neck area, as anyone would. That 

suggests that there may well have been some problem present, kind 

of like a time bomb you're sitting on, waiting for something to 

happen to aggravate it." Therefore Dr. Peterson believed the 1987 

accident precipitated Mr. Richardson's symptoms. 

Dr. Sterling's written record also does not mention the 

"snapping1' of the neck in 1987. Dr. Sterling expressed disbelief 

of Mr. Richardson's testimony that he had "snappedn his neck back, 

and testified that it was his opinion that the cervical condition 

was not caused by snapping of the neck. 'I.. . [Tlhe whole tenor [of 

my report and of the panel's final report] would have been 

different had the initial injury report said that he banged his 

elbow and snapped his neck initially rather than several months 

later. 'I 

Dr. Joern, a Kalispell physican, examined Mr. Richardson in 

August, 1989, and evaluated his condition based on his interview 
and examination of Mr. Richardson and copies of all the records of 

the physicans who had examined or treated Mr. Richardson. Dr. 

Joern summarized the various medical records and gave detailed 

results of his own examination. Dr. Joern came to the conclusion 

that the symptoms were a natural progression of a cervical 

degenerative condition resulting from the 1984 accident, and that 

the confusion arises because in the 1987 injury "there was an 

overlapping of symptomatology due to the similarity of the 

distribution of the effected nerves from the neck through the 

elbow. I' 

In light of the foregoing medical reports and testimony, we 

hold there is substantial evidence to support the Workers1 

Compensation Court's determination that Mr. Richardson failed to 

establish that he suffered an industrial injury to his neck or 

cervical spine on November 4, 1987. 

Affirmed.