SSD: Application properly denied based on occupational requirements… Kilroy/Johnston affirmed (memorandum). [Read more…]
SSD/SSI, panic disorder/agoraphobia, old regulations
SSD/SSI: 2015/16 applications improperly denied by ALJ Marchioro in light of treating physician opinions and Claimant’s testimony as to panic disorder and agoraphobia pursuant to pre-17 regulations… Court initially erred in applying new standard to affirm ALJ… Morris. [Read more…]
Settlements
Plan I
Brooke Taylor, multiple, 4/19, $60,000, Megan Miller
Sandy Osborne, brain, 2/18, $7,680, medical reserved, Matthew Murphy [Read more…]
Aggravated DUI, “hot pursuit” into backyard
AGGRAVATED DUI: Pursuit of suspect into fenced backyard following serious MVA justified “hot pursuit” regardless of whether Defendant had dominion over yard… Seeley affirmed (memorandum). [Read more…]
Public easement, “alley” to river
PUBLIC EASEMENT: “Alley” running between private properties to river found owned by Town, half by summary judgment, half following trial… Berger. [Read more…]
Easement confrontations, landlocked parcel on ranch
EASEMENT: Confrontation claims involving easement to 5 acres landlocked within 500-acre ranch rejected on summary judgment… Berger. [Read more…]
Insurance, injured driver of leased mail truck
INSURANCE: Injured driver of leased mail truck employed by USPS contractor excluded from auto policy coverage under truck policy by Comp Exclusion because contractor had statutory obligation to provide comp even though it did not do so… summary judgment for insurer on remand from reversal of summary judgment for insurer based on Employee Exclusion… Morris. [Read more…]
Insurance, homeowner policy, embezzlement
INSURANCE: No coverage under homeowner policy for embezzlement claims… Haddon. [Read more…]
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…]
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