Because Court need not make a finding of amount of comp to be paid in future to find whether Claimant has presently been made whole, insurer’s reserve information is irrelevant, not discoverable by Claimant resisting subrogation on $7,875,000 tort settlement… Sandler. [Read more…]
§414(6)(a) (2017) subrogation unconstitutional
§414(6)(a) (2017) subrogation is unconstitutional under Art. II §16 full redress for not including claimant’s costs of recovery in tort claim including attorney fees but the remedy is not a ruling that insurer has no right of subrogation, insurer may exercise that right when below-knee amputation Claimant who obtained $7,875,000 tort settlement is made whole… Sandler. [Read more…]
Mental records in tort recovery subrogation
Mental records are discoverable in tort recovery subrogation case… Sandler. [Read more…]
Pre-MMI claim to invalidate subrogation lien
Petitioner may bring claim to invalidate subrogation lien before reaching MMI and while still receiving benefits… Sandler. [Read more…]
Death benefit rate
Death benefit rate properly set at decedent’s actual wage ($79.71), not the “minimum” of 50% of the State’s AWW ($354)… Court declines to rule on contention that $79.71 is insufficient to uphold the quid pro quo, which would bar employer from relying on exclusivity in tort suit, or to increase rate to $354 to uphold the quid pro quo… Sandler. [Read more…]
Defense verdict, water truck brake failure
VERDICT: Defense, allegedly defective water truck resulting in brake failure. [Read more…]
Negligence, MOSHA, independent contractor
NEGLIGENCE: MOSHA not applicable to independent framing contractor injured while helping lift a wall which fell on him… testimony relating to “rules” at construction site properly excluded… dismissed party denied appeal fees/costs for claimed improper joinder to appeal… defense verdict affirmed… J. Brown affirmed. [Read more…]
$3,250 verdict, intersection MVA, mental distress
VERDICT: $3,250 net (65/35), intersection MVA, mental distress… previously paid $25,000 liability limits. [Read more…]
Defense verdict, dropped newly framed wall, back
VERDICT: Defense, dropped newly framed wall, claim of common law negligence following $332,000 comp settlement, lumbar burst fracture. [Read more…]
Work comp fraud, suit by acquitted Claimant
WORK COMP FRAUD: Insurance code not applicable to MSF vis-à-vis suit by claimant acquitted of fraud… reasonable basis in law to terminate benefits after learning claimant received wages, proper decision for judge, not jury, fraud acquittal irrelevant to [Read more…]