Surveillance videos and related doctor testimony stricken as sanction for failure to disclose videos when requested… Sandler. [Read more…]
Appeal of medical review panel re-open denial
Insurer is proper party to defend appeal of medical review panel denial of reopen… Sandler. [Read more…]
Injured worker mistakenly fired, declined reinstatement
Petitioner who offered no good reason for refusing modified employment after employer mistakenly fired her for missing shifts but immediately rescinded the termination not entitled to TTD… Sandler. [Read more…]
Work comp, same OD, same employer, 2 insurers
WORK COMP: Liability for recurrence of OD while working for same employer remains with initial insurer. . . Sandler reversed. [Read more…]
CTS aggravation under 2nd insurer
Longer hours under 2nd insurer aggravated CTS for which 1st insurer had accepted liability… 2nd insurer liable, not entitled to indemnification from 1st insurer… Sandler. [Read more…]
Aggravation, primary v. IME physician
Job injury permanently aggravated pre-existing neck condition based on IME-turned-primary-physician’s opinion over other IME opinion… insurer remains liable for ongoing care but may deny authorization for a particular treatment if it has legitimate grounds that it is maintenance or palliative… Sandler. [Read more…]
No wage loss as result of injury
No wage loss result of injury, no PPD/voc rehab… Sandler. [Read more…]
Insurance, injured logger, land owner
INSURANCE: Landowner not covered by logging company’s policy for employee’s injury… Allison affirmed. [Read more…]
$29,100 verdict, 4-way stop rear-end MVA
VERDICT: $29,100, 4-way stop rear-end MVA, admitted fault, soft-tissue neck/low back, disk herniations, dental, thumb/wrist. [Read more…]
Assumption of risk, trench fall strict liability
ASSUMPTION OF RISK: Plaintiff failed to preserve objection to assumption of risk defense to trench fall strict liability claim, [Read more…]