Kobe v. Montana State Fund
Montana Workers’ Compensation Court
2005 MTWCC 38 (2005)
- Written by Whitney Punzone, JD
Facts
Bonnie Kobe (plaintiff) was employed by Ruby Valley National Bank (Ruby) from October 1998 until January 2004. Kobe worked five days a week, eight hours each day. Ruby had about a 30-minute commute each way. In November 2001, Kobe injured her neck at work. Ruby’s insurer, the Montana State Fund (defendant), paid medical benefits to Kobe and gave her a 6 percent impairment award. After her injury, Kobe was treated by several physicians, but she continued working full-time despite the pain. In January 2004, Kobe left her employment with Ruby and began working for Beaverhead Bank (Beaverhead) three days a week, nine hours each day. Beaverhead was a five-minute commute. Kobe did not suffer a wage loss with her change in employment. Kobe was not medically restricted from full-time work but chose to work part-time at Beaverhead. One of the considerations Kobe made in working part-time was to see her grandchildren more often. Kobe was financially secure enough that she did not have to work, and her pain decreased over time. Although Kobe received a 6 percent impairment award, she filed for permanent partial-disability benefits.
Rule of Law
Issue
Holding and Reasoning (McCarter, J.)
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