Adjuster’s computer notes authorizing TTD after returning to alternative employment constitutes “written” consent… Roche does not disallow both wages and TTD if worker has written consent of insurer… successor adjuster unreasonable in attempting to conceal note, threatening legal action if Claimant failed to return benefits, failing to properly maintain [Read more…]
Archives for 2009
Settlements
Plan I
Kory Kennedy, back/neck/elbow/wrists/hands/fingers numbness/pain while driving as meter reader, 6/03, disputed liability for cervical/thoracic/low back chiropractic treatment, $20,000 new money, 2003 cubital tunnel claim [Read more…]
Right to know/privacy, child abuse/neglect
RIGHT TO KNOW/PRIVACY interests in child abuse/neglect matters properly accommodated by in camera/redaction pursuant to statute… Sherlock affirmed. [Read more…]
Felony murder/aggravated assault, jeopardy
FELONY MURDER/AGGRAVATED ASSAULT: Aggravated assault conviction should have been dismissed where felony murder conviction was predicated on same assault… decided on criminal procedure code, not double jeopardy… ineffective assistance claim best suited for [Read more…]
Aggravated assault, jury, exculpatory evidence
AGGRAVATED ASSAULT: Commissioner who knew of case from conferences with former prosecutor should have been dismissed for cause… due process not violated by loss of video interview of Defendant’s father, who testified at trial… father’s prior written [Read more…]
Rape, parental notification, sua sponte mistrial
RAPE: Defendant’s motion to dismiss after State raised mistrial concerns about police failure to notify youth of right to parental notification properly denied after Judge sua sponte declared mistrial with 2 mistrial [Read more…]
Sexual assault, counsel conflict, PSI access
SEXUAL ASSAULT: Defendant not denied conflict-free counsel based on his lawyer’s representation of jailhouse informants… informant’s PSI properly withheld following in camera review… conviction affirmed… Curtis affirmed. [Read more…]
Drugs, vehicle stop for domestic violence, search
DRUGS: Particularized suspicion for stopping vehicle based on domestic disturbance report and occupants known to not have driver’s licenses… consent to search vehicle need not be preceded by Miranda… consent to search properly requested after domestic disturbance investigation completed, scope of stop had already been expanded by driver being [Read more…]
DUI, entry into driver’s house
DUI: Warrantless entry into driver’s house following MVA not justified by exigent circumstances (possible destruction of BAC evidence, possible injuries)… Odlin, McLean reversed. [Read more…]
DUI/youth, expungement, Youth Court record
DUI/YOUTH: Youth’s DUI expungement unlawful, no judicial estoppel by Prosecutor’s recommendation that prior Youth Court record be expunged… Larson reversed, Deschamps affirmed. [Read more…]
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