Archives for 2017

No fees on surgery authorized before adjudication

October 7, 2017 By lilly

No fees on medical benefits because insurer authorized surgery before Court adjudicated… no fees on 20% increase for unreasonable delay… Sandler. [Read more…]

Wrist fracture, fall on ice v. in home

October 7, 2017 By lilly

Insurer not liable for wrist fracture because Petitioner did not prove that fall was result of knee instability… Sandler. [Read more…]

No TTD reinstatement, temporary job declined

October 7, 2017 By lilly

Claimant did not tender strong prima facie case for TTD reinstatement since he declined temporary assignment without attempting it… DLI affirmed… Sandler. [Read more…]

Settlements

October 7, 2017 By lilly

Plan I

Kristi Green, multiple, 11/12, $20,000, Andrew Miller [Read more…]

Disability discrimination, cashier stocking cap

October 7, 2017 By lilly

DISABILITY DISCRIMINATION: Discharge of cashier for angry refusal to not wear hat legitimate business reason not related to unknown depression/ anxiety disorder… summary judgment… Spear/HRC. [Read more…]

Limitation on liability, construction contract

September 30, 2017 By lilly

LIMITATION OF LIABILITY to $50,000 in construction contract where design fees were initially $122,967 and ended up $665,000 not violative of §28-2-702 or public policy… Moses affirmed. [Read more…]

Trucking company dispute, $1,890,000 verdict

September 30, 2017 By lilly

TRUCKING COMPANY DISPUTE: $1,890,000 verdict for Defendant/Counterclaimant affirmed… Larson affirmed (IOR 3(c)). [Read more…]

Appellate mediation, opt out for inability to afford

September 30, 2017 By lilly

APPELLATE MEDIATION: Request to opt out because unable to afford mediator denied… order. [Read more…]

Traffic “stop,” masturbating driver

September 30, 2017 By lilly

TRAFFIC “STOP”: Officers had no reasonable particularized suspicion that driver of pickup parked at midnight in secluded area of open storage facility found masturbating with female companion observing had committed or was about to commit a crime, paraphernalia unlawfully seized… Wilson/Curtis reversed. [Read more…]

DUI, restaurant employees’ 911 observations

September 30, 2017 By lilly

DUI: Waitress’s 911 observations of drunk while simultaneously relaying co-worker’s observations sufficiently reliable basis for Trooper’s particularized suspicion… Andersen reversed, Townsend affirmed. [Read more…]