VERDICT: $435,518, hospital malpractice, failure to timely remove IVC filter which was implanted to prevent clots in lungs following roof-fall fractures. [Read more…]
Social Security, prior application, psychological
SOCIAL SECURITY: Argument that decision not to reopen prior application violated due process untimely raised in reply brief, does not raise colorable constitutional claim or implicate manifest injustice, but current application improperly denied without consideration of psychologist’s diagnosis of depressive disorder in addition to pain disorder, remanded for further proceedings rather than immediate payment… Lynch/Christensen. [Read more…]
Discovery of Facebook posts
Discovery of Facebook posts compelled… Sandler. [Read more…]
Work comp, PPD ineligibility, incarceration
WORK COMP: Challenges to PPD ineligibility during incarceration properly rejected… Shea affirmed. [Read more…]
Prerelease resident, casual employee of home owner
Prerelease resident was direct employee of roofing contractors, not statutory employee of prerelease, at most only casual employee of house owner who was not in rental business… UEF liable for comp, with right to indemnification from defaulted roofing contractors… Shea. [Read more…]
SSI, mental impairments
SSI: Application based on mental impairments improperly denied… Kilroy/Lynch reversed (unpublished). [Read more…]
Benefits cut-off after 30 days incarceration
Challenge to 39-71-744 benefits cut-off after 30 days incarceration rejected… Shea. [Read more…]
Joinder/class certification
Joinder/class action certification by Petitioner alleging wrongful denial of PPD while incarcerated denied… Shea. [Read more…]
Jurisdiction, uninsured employers, 1st-party action
Uninsured employers dismissed from 1st-party action by employee for lack of jurisdiction… Shea. [Read more…]
IME, conflict of interest
IME not precluded by work relationship with industrial hygienist at CO Claimant’s workplace… Shea. [Read more…]