WORK COMP: Challenges to PPD ineligibility during incarceration properly rejected… Shea affirmed. [Read more…]
Early SSR, work injury, “retirement”
Petitioner who started receiving SSR at 62 and was injured at work at 63 is “retired,” not eligible for PTD… Shea. [Read more…]
Amendment to add party/reimbursement issue
Leave granted to add MSF as party and add issue of UEF’s claim for reimbursement, over UEF’s objection that amendments time-barred, do not relate back to original pleading, claim not re-mediated each time UEF [Read more…]
60-month “use” rule, denial reasonableness
Seeking authorization for necessary treatment related to an accepted injury within 60 months of the last treatment constitutes “use” under 704(1)(e)… Claimant had legitimate reason for seeking follow-up for neck surgery and DDD, request within 60 months of last treatment [Read more…]
Joinder/class certification
Joinder/class action certification by Petitioner alleging wrongful denial of PPD while incarcerated denied… Shea. [Read more…]
Wages, seasonal farm worker
Wage calculation for seasonal farm worker… Shea.
Jody Gundermann was injured in 9/10 while working for Mark Linder in the fall harvest. The parties request the method of calculating his average [Read more…]
Reopen, SSD retroactive to job accident
Petitioner able to, and did, return to work following job accident regardless of whether she drew wage or had income, [Read more…]
IME, conflict of interest
IME not precluded by work relationship with industrial hygienist at CO Claimant’s workplace… Shea. [Read more…]
Insurer/insurer indemnification, non-Belton
MSF entitled to indemnification for payments which were properly & primarily owed by Liberty in non-Belton case… Shea. [Read more…]
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…]