VERDICT: Defense, fall down stairway on new carpet in hotel under construction, C6-7 diskectomy/fusion. [Read more…]
Archives for October 2016
Rescission, $4,000 settlement, lost toe
Petition to rescind not time-barred, but no viable grounds to rescind $4,000 settlement by Claimant who lost toe allegedly to oil rig frostbite… Sandler. [Read more…]
2nd IME, carpet glue reaction
DLI erred in ordering psychological IME as to reaction to glue because prior IME physician addressed causation, treating physician has not changed his opinion, and no evidence condition has changed… Sandler. [Read more…]
Death benefit rate
Death benefit rate properly set at decedent’s actual wage ($79.71), not the “minimum” of 50% of the State’s AWW ($354)… Court declines to rule on contention that $79.71 is insufficient to uphold the quid pro quo, which would bar employer from relying on exclusivity in tort suit, or to increase rate to $354 to uphold the quid pro quo… Sandler. [Read more…]
Settlements
Plan I
Cynthia Wilson, internal organs, 8/15, disputed, $17,500, Norman Newhall [Read more…]
Wrongful discharge, employment offer withdrawal
WRONGFUL DISCHARGE: Employment offer was executory contract, no employment relationship at time it was rescinded, breach of contract applies, not WDA… Kutzman affirmed on supervisory control… order. [Read more…]
Work comp subrogation, Oklahoma v. Montana law
WORK COMP SUBROGATION: Oklahoma employer precluded by Art. II §16 and Choice of Laws §90 (public policy) from comp lien against tort recovery of employee injured in Montana… Todd affirmed (other grounds). [Read more…]
Improper influence, criminal trespass
IMPROPER INFLUENCE/CRIMINAL TRESPASS: Lawyer not ineffective for failing to bring facial overbreadth challenge to improper influence statute… sufficient evidence that Defendant threatened officer with purpose to influence charging criminal trespass, but insufficient evidence to convict of trespass in store as unruly Defendant left upon being ordered to… prior confrontation with officer properly admitted… Pinski affirmed, reversed. [Read more…]
Rape/sex assault, prior child accusations
RAPE/SEXUAL ASSAULT: Mazurek hearing on prior child accusations properly closed… Defendant properly precluded from questioning accuser about prior allegations… Sherlock affirmed. [Read more…]
Child pornography, attempted possession, searches
CHILD PORNOGRAPHY: Attempted possession supported by computer search terms… Haynes affirmed. [Read more…]