MEDICAL RECORDS CHARGES: Montana limits applicable to paper copies requested by patients, not their attorneys, and not to electronic records… putative class action alleging overcharges dismissed… Molloy. [Read more…]
Archives for 2020
Injured worker mistakenly fired, declined reinstatement
Petitioner who offered no good reason for refusing modified employment after employer mistakenly fired her for missing shifts but immediately rescinded the termination not entitled to TTD… Sandler. [Read more…]
Settlements
Plan I
Duane Sanford, head, right bicep, neck, left shoulder, right knee, other parts, multiple dates, disputes as to cause, nature, and extent of injuries and amount of medical & indemnity to which he may be entitled, $32,000 new money for all claims, stipulated judgment; Alex Evans for Sanford, Todd Hammer for Kalispell Regional Healthcare [Read more…]
Judge substitution after 1st retirement, 2nd recusal
JUDGE SUBSTITUTION motion untimely in scenario with 2 orders calling retired Judge after retirement of presiding Judge and purported recusal of successor… McLean affirmed (IOR I-3(c)). [Read more…]
Vexatious litigant/sanctions, cross claim v. counterclaim
VEXATIOUS LITIGANT/SANCTIONS: Intervenor County’s error in denominating request for vexatious litigant declaration a cross claim instead of counterclaim did not invalidate the request as it was sufficiently stated and understood, denial of Plaintiff’s motion to dismiss vexatious litigant declaration affirmed… but Plaintiff improperly subjected to Rule 11 sanctions for challenging the cross claim issue… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Appeal procedure, expedited tobacco briefing request
APPEAL PROCEDURE: State’s request to halve briefing schedule in appeal of arbitration denial in light of alleged (and denied) delay tactics denied, but no routine extensions to be granted… order. [Read more…]
Bar admission, Temporary Rule supervisor deletion
BAR ADMISSION: Comments invited on Temporary Rules amendment to remove requirement for supervising lawyer… order. [Read more…]
Wrongful discharge, mental health program manager
WRONGFUL DISCHARGE: Mental health center had good cause to terminate Program Manager for concerns about her conduct and client care, claim dismissed on summary judgment… Eddy. [Read more…]
Social Security Windfall Elimination, uniformed services
SOCIAL SECURITY: SSA’s interpretation of ambiguous uniformed-services exception to Windfall Elimination Provision given deference as applied to reduce MANG dual-status technician’s SS retirement benefits… Johnston affirmed. [Read more…]
SSD, myofascial pain, depression, anxiety denial
SSD: Myofascial pain, depression, anxiety not severe impairments additional to accepted DDD, asthma, obesity… Johnston affirmed (memorandum). [Read more…]
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