Hours claimed worked but not paid not includable as “actual wages” for calculation of “average actual earnings” under §123(1)(b)… half of $40,000 settlement of backpay and sexual harassment claims for “alleged emotional distress damages” likewise not includable as “actual wages”… Sandler. [Read more…]
Archives for July 2021
Settlements
Plan I
Anthony Gabrielsen, low back, 10/19, Havre, MHA initiated all benefits due & owing, Petitioner achieved MMI, restrictions imposed, job descriptions approved, disputes as to need for further surgery, mental counseling, future medical, $148,960.50 new money for all claims, stipulated judgment; Kim Schulke for Gabrielsen, Andy Adamek for MHA [Read more…]
Taxes, resort services fee, forfeited guest deposits
TAXES: Resort services fee not subject to Lodging Facilities Use Tax but subject to Sales Tax… forfeited guest deposits not subject to either tax… Berger affirmed. [Read more…]
Medicaid, Trust jointly owned home not countable asset
MEDICAID: Trust principal consisting of jointly owned home not a countable asset for Medicaid eligibility under “any circumstance”… 1st impression… DPHHS/McMahon reversed. [Read more…]
Charitable care write-off, 9th Circuit certified accepted
CHARITABLE CARE WRITE-OFF: Certified questions from 9th Circuit accepted as to hospital and ambulance write-offs related to $578,248 FTCA heart attack death judgment by Morris… order. [Read more…]
County road abandonment, landowners’ abutment
COUNTY ROAD ABANDONMENT: Decision to abandon part of road over landowners’ protest properly found on petition for writ of review to be supported by substantial evidence that road did not abut Plaintiffs’ property… Wald affirmed. [Read more…]
Work comp restitution, MSF victim, hardship waiver
WORK COMP RESTITUTION: MSF correctly determined to be a victim insurer entitled to restitution but amount awarded should have been waived as unjust in light of Defendant’s dire financial situation despite her failure to formally petition for waiver… J. Brown affirmed, reversed. [Read more…]
DUI, rollover, toxicologist testimony via Skype
DUI: Rollover investigation properly ripened into DUI investigation and detention in back of patrol car did not amount to formal arrest requiring Miranda but Crime Lab toxicologist improperly allowed to testify via Skype contrary to Mercier… conviction reversed, remanded for new trial… Swingley/McMahon reversed. [Read more…]
Ineffective assistance, failure to appeal when requested
INEFFECTIVE ASSISTANCE: Sufficient facts alleged for claim that counsel was ineffective for failing to file notice of appeal when requested to warrant evidentiary hearing… Christensen reversed (memorandum). [Read more…]
Traffic stop, ripened into drugs/firearms seizure
TRAFFIC STOP legitimately ripened into drugs/firearms seizure… Christensen affirmed (memorandum). [Read more…]