WORK COMP: On-job incidents properly held on summary judgment to have not caused more than temporary aggravations of preexisting neuropathy… Sandler affirmed (memorandum). [Read more…]
Hours worked but not paid v. “actual wages”
Hours claimed worked but not paid not includable as “actual wages” for calculation of “average actual earnings” under §123(1)(b)… half of $40,000 settlement of backpay and sexual harassment claims for “alleged emotional distress damages” likewise not includable as “actual wages”… Sandler. [Read more…]
Neuropathy causation
Claimant failed to produce objective medical evidence and prove causation of neuropathy with medical expertise or opinion… Sandler. [Read more…]
Crystallized mineral dusty inhalation claim denied
Claim of compensable injury from inhaling crystallized mineral dust rejected… Sandler. [Read more…]
Premature PTD claim involving multiple injuries
PTD claim based on sequelae of 3 injuries is premature for lack of evidence of MMI… TTD claim premature absent mediation… Sandler. [Read more…]
Petition for hearing statute of limitations
Petition for hearing challenging UEF’s “employee” determination received by Court 1 day after limitations period had run is time-barred, equitable tolling not applicable as current §520 is not ambiguous and this is simply a case of neglect, time not extended by 3 days for mailing… UEF’s “employee” determination is final… Sandler. [Read more…]
Montana employee, “extraterritorial” Texas injury
Montana worker temporarily left Montana incident to his employment and was injured in Texas in course of his employment, entitled to benefits under §39-71-402(1)(a) extraterritorial statute. . . attorney fees/penalty denied. . . Sandler. [Read more…]
Grain dust lung claim, lifting hernias claim
Fact issues preclude summary dismissal of grain dust lung claim and lifting hernias claim… Sandler. [Read more…]
ARD, continued exposure to asbestos
Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Injury from jerking lug nut loose, penalty/fees
Petitioner suffered compensable injury from jerking lug nut loose, has not reached MMI, entitled to TTD/ medical from time of termination… insurer unreasonably terminated by disregarding uncontroverted medical evidence and taking inconsistent position… Sandler. [Read more…]