Gaumer v. Mont. Dept. of Highways

The State Workers Compensation Insurance Fund (the insurer) as insurer for the Montana Department of Highways appeals the order of the Workers Compensation Court adopting the findings of fact and conclusions of law of the hearings examiner and entering judgment in favor of the claimant, Joan Gaumer. The Workers Compensation Courts adoption of findings of fact and conclusions of law involves the construction of recent amendments to the injury statute, § 39-71-119, MCA. The court essentially held that the definition of injury under the amended statute includes aggravation of a pre-existing condition or disease under the specific facts of this case. We affirm.