VERDICT: Defense, construction fall, negligence but no causation, traumatic brain. [Read more…]
Inadvertently disclosed reserve information
Inadvertently disclosed reserve information is protected work-product, not relevant to alleged unreasonableness of [Read more…]
Work comp privacy, criminal justice information
WORK COMP PRIVACY: Declaratory/injunctive relief/supervisory control of 1st Dist. judges as to ex parte dissemination [Read more…]
Causation
Petitioner failed to prove injury result of job accident, evidence of probation violation or invocation of Fifth excluded as irrelevant, [Read more…]
Out-of-state IME, motion to compel
Motion to compel IME in Portland denied… Shea.
Linda Perlinski alleges a lung condition from her job as a teacher. MSGIA [Read more…]
IME, current, change of condition
Insurer entitled to current IME where condition has changed… Claimant relies on Rule 35, insurer on 605… Shea.
Going & coming rule, MVA on way to job site
MVA on way to construction job site not exception to going & coming rule, not compensable… Shea. [Read more…]
Mail time for petition after mediation report
Rule 6(e) time for service by mail not applicable to 60 days for petitioning after mailing of mediation report… untimely [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…]
Insurance, fees, 3rd-party common law bad faith
INSURANCE: Fees/costs incurred in settling claim not allowable as 3rd-party common law bad faith damages, $66,666.67 fees verdict reversed, voiding basis for $350,000 punitives… Claimant properly allowed to introduce testimony on industry practices as to advancing wages, insurer’s proposed instruction as to liability for refusing to advance [Read more…]