Treating physicians’ testimony supports ARD from plywood mill over insurer’s contention of long-term smoking, last injuriously exposed to asbestos at successive mill employers, not at [Read more…]
Unclaimed reimbursement of asbestosis medicals
WCC lacks jurisdiction over PR’s claim that $95,846 asbestosis medicals paid by Libby Medical Plan for which neither Libby Medical Plan nor Grace will accept reimbursement from insurer should be paid to her or Montana Justice Foundation or charity, [Read more…]
ARD timeliness
Petitioner knew/should have known that work at Libby lumber mill contributed to ARD years before filing claim, time-barred… estoppel claim untimely…Shea. [Read more…]
Impairment accrual, MMI v. doctor’s rating
Right to impairment accrues at MMI, even though rating subsequently issued to determine precise value, estate of claimant who died prior to rating entitled to impairment award… Shea. [Read more…]
5th v. 6th AMA Guides, OD
5th Edition AMA Guides “current edition” on date OD claimant reached MMI in 2001 per 1999 WCA… Shea. [Read more…]