MENTAL DISABILITY: $91,741.56 for discharging call center rep for taking FMLA leave for outdoor activities to address anxiety and major depressive disorder affirmed… Vanisko affirmed, Final Agency Decision. [Read more…]
Archives for 2023
Prescriptive easement, neighborly accommodation
PRESCRIPTIVE EASEMENT properly found over roads for failure to show neighborly accommodation in bench trial after denial of summary judgment and amendment to include road that was not in original complaint… Gilbert affirmed. [Read more…]
Work comp, WCC constitutionality jurisdiction
WORK COMP: WCC properly held to lack jurisdiction over constitutional claims following stipulated judgment resolving benefit disputes… Sandler affirmed. [Read more…]
Zoning, church demolition and replacement
ZONING: Church properly allowed to demolish current building and construct new one with rear-yard setback and steeple variances… Lint affirmed. [Read more…]
Sentencing, alternatives to mandatory DUI fine
SENTENCING: Mandatory $600 fine lawfully imposed on DUI Defendant but Municipal Judge erred in not considering alternatives for paying it… Hileman/Ulbricht reversed. [Read more…]
Legislative delegation, commercial vehicles regulation
LEGISLATIVE DELEGATION: Statute authorizing MDT to adopt safety regulations for commercial vehicles not unlawful delegation, conviction for failure to have red light for overwidth load affirmed… Larson affirmed. [Read more…]
SSD, mental, headaches, knee pain
SSD: Claims related to mental, headaches, knee pain properly denied… SSA/Cavan affirmed (memorandum). [Read more…]
SSD, preclusive effect of another ALJ’s finding
SSD: ALJ properly declined in 2020 to give preclusive effect to another ALJ’s 2012 RFC finding… Claimant failed to show that medical appointments would preclude working on a regular basis… application properly denied… SSA/DeSoto affirmed (memorandum). [Read more…]
SSD, depression
SSD depression claims properly rejected… SSA/Cavan affirmed (memorandum). [Read more…]
Settlements
Plan I
Donna Vulles, back, hip, shoulder, 11/22, Albertsons, Missoula Co., Sedgwick denied liability for failure to report injury within 30 days, disputes as to whether she reported within 30 days and whether she is entitled to claim acceptance, $60,000 new money for all claims, stipulated judgment; Miranda Dalpiaz for Vulles, Steven Jennings for Albertsons [Read more…]
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