INSURANCE: No coverage under homeowner policy for embezzlement claims… Haddon. [Read more…]
Archives for 2022
Settlements
Plan I
Christine Stout, low back, 10/20, bakery clerk, Albertsons, Glendive, Albertsons placed claim under §608 and paid appropriate medical & indemnity, disputes include nature, extent, sequela, wage loss, impairment, restrictions, need for future treatments including lumbar fusion and spinal cord stimulator, applicability of the Utilization & Treatment Guidelines, $141,276 for all claims ($106,276 MSA), stipulated judgment; Leanora Overturf for Stout, Thomas Harrington for Albertsons [Read more…]
Vaccination discrimination, mailroom employees
VACCINATION DISCRIMINATION claims by mailroom employees limited to 11/8/21 through 12/16/21 when state law applied… Chad Vanisko. [Read more…]
Income taxes, preparer’s petition to “clarify” procedures
INCOME TAXES: Tax preparer’s petition for a rule to “clarify” DOR’s audit procedures to parallel IRS’s for appeal purposes properly denied… DOR/Dayton affirmed. [Read more…]
Natural streambed, 310 law v. drain ditch
NATURAL STREAMBED: 310 law correctly found to apply to waterway over owner’s contention that it is merely a drain ditch… Rienne McElyea affirmed. [Read more…]
Attorney discipline, abandonment of client
ATTORNEY DISCIPLINE: Courtney Lawellin suspended for 30 days for abandoning client resulting in default, ordered to pay $7,500 restitution… order. [Read more…]
SSD, credit of medical opinions, VE, Claimant testimony
SSD: ALJ Kelley failed to properly credit medical opinions, VE, Claimant’s testimony in denying benefits… remanded for immediate award… Morris. [Read more…]
Settlements
Plan II
Ray Bluemer, right shoulder, 7/20, Sysco, Gallatin Co., Zurich accepted claim, paid medical, disputes as to PPD including wage loss and impairment, $45,000 for all claims, stipulated judgment; Wayne Olson for Bluemer, Mark Buckwalter for American Zurich Ins. [Read more…]
Disability discrimination, abusive UPS customer
DISABILITY DISCRIMINATION IN PUBLIC ACCOMMODATION: Claim for refusal to deliver packages to abusive customer or let her pick them up denied on summary judgment… Administrative Decision, Judy Bovington. [Read more…]
Trustee’s sale, delegation of notice duties
TRUSTEE’S SALE: Indenture trustee not prohibited under STFA from delegating notice duties to agents (ND law firm and private process firm)… sale affirmed… Krueger affirmed. [Read more…]
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