§39-71-710 rehab age limit unconstitutional… Shea.
Harold Caldwell began receiving SSR in 1990 at 62. He was 77 and earning $25,000/yr as Ravalli Co. airport manager when he fell on [Read more…]
“Paid in full” claim, retroactivity
Claim that has been “paid in full” is claim in which all benefits to which a claimant is entitled are paid prior to judicial decision… if any benefits are paid after the decision the claim [Read more…]
Common fund challenges
Challenges to common fund claims rejected… Shea.
Flynn I (Mont. 2002) held that after a claimant recovers SSD, [Read more…]
Contingent Schmill fee, SSD offset
Contingent fee to be based on net common fund benefit after SSD offset based on “predominant practice” in Claimant’s attorney’s office… Shea. [Read more…]
Mediator report rejection, fees/penalty
Lawyer’s letter constituted rejection of mediator’s recommendation, insurer’s motion to dismiss for failure to meet mediation requirements denied… not appropriate to [Read more…]
Costs, flat-fee postage/phone, deposition/trial travel
Petitioner not entitled to flat fee for postage/phone, costs for deposition/trial incurred returning to Montana from doctor-recommended relocation to Arizona… Shea. [Read more…]
Settlements
Plan I
Paula Harris, lower arm, 5/06, $39,975, Kenneth Thomas
Melissa Matejovsky, ankle, 5/09, $17,500, Kim Schulke [Read more…]
Retaliation, town clerk, $145,7639, Council conduct
RETALIATION: $145,739 wage loss/medicals/emotional distress due to handling of Council agenda item focusing on Town Clerk’s prior HR complaint and Councilman’s retaliatory comments, following Supreme Court remand… HRC. [Read more…]
Insurance/estate, nonclaim statute, MVA limits
INSURANCE/ESTATE: “To the limits of the insurance protection only” exception to nonclaim statute allows claim against estate to continue for determination of dollar damages, [Read more…]
Supervisory control, superseding cause, bus rollover
SUPERVISORY CONTROL denied as to Dayton’s refusal to preclude superseding cause in bus deer-strike rollover after finding negligence per se and that bus operator is “a” cause in fact of injuries… order. [Read more…]
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