Claimant compelled to provide dates of insurer’s alleged ex parte communications with doctors if known and identify witnesses who will testify on this issue, compelled to reveal specific benefits to which she believes she is entitled… protective order against IME doctor information granted in part, denied in part… Shea. [Read more…]
Archives for May 2014
Non-use of medicals, equitable estoppel
Claim properly considered under 1991 WCA’s 60-month limitation for non-use of medicals… Respondent equitably estopped from asserting defense under 704(1)(d)… Respondent has not proven that current knee condition is due to superseding intervening [Read more…]
Ongoing medicals under prior ruling, penalty/fees
As held in prior case, Petitioner entitled to ongoing medical benefits including diagnostic tests… entitled to prescription medications even if at MMI (although probably not at MMI)… insurer liable for penalty/fees for unreasonable termination… Shea. [Read more…]
Settlements
Plan I
Christopher Carter, low back/foot/ankle/knee, 7/12, 10/13, $46,250, medicals closed, stipulated judgment; Michele Levine for Carter, Kelly Wills for MCCF [Read more…]
Negligent procurement, business property, expert
NEGLIGENT PROCUREMENT: Expert required to establish duties of agent to value business property/ inventory, monitor property acquisitions, suggest upgraded coverage, Fillinger distinguished [Read more…]
Real estate, $28,517 overrides, $165,086 fees
REAL ESTATE CONTRACT: $28,517 wrongfully retained “overrides” properly awarded Defendants in real estate satellite office dispute, $165,085.50 fees/costs properly awarded pursuant to contract, plus appeal fees/ costs… Jones affirmed (IOR I-3(d)). [Read more…]
Appeal from Justice Court, filing time
APPEAL FROM JUSTICE COURT timely filed computing 30 days from order denying request from relief from judgment, not from entry of judgment (more than 3 months earlier)… satisfaction of security deposit judgment should be considered substitute for an undertaking in this case… Townsend reversed. [Read more…]
Default, $4,139 vehicle repairs, $13,454 judgment
DEFAULT JUDGMENT: Set-aside properly denied in vehicle repair dispute which grew from $4,139 repair bill to $13,454 judgment… Jones affirmed (IOR I-3(d)). [Read more…]
Easement, Flathead Lake driveway disputes
EASEMENT: Flathead Lake driveway disputes properly resolved in favor of Defendant neighbors… Krueger affirmed (IOR I-3(d)). [Read more…]
Water, mining claim owner’s well, neighbor’s use
WATER: Mining claim owner’s objections to neighbors’ claim to domestic water from well on mining claim properly dismissed… McElyea affirmed. [Read more…]