Fact issues as to MMI in light of neurological dysfunction and neurobehavioral status preclude summary judgment on [Read more…]
Insurance, APL, POP procedure, class settlement
INSURANCE: Insurer correctly invoked policy’s APL provisions… 1995 NY class settlement binding on Montana insured, precludes claims that POP procedure excused [Read more…]
Class certification, “made whole,” 3rd-party admins
CLASS CERTIFICATION: Appeal of Sherlock’s denial of certification on grounds that individual adjudication required as to whether settlement with MVA tortfeasor “made whole” [Read more…]
“Casual employment,” vacation home v. “business”
Use of purported vacation home for tax purposes part of usual course of business, Claimant’s carpentry work not “casual employment,” not exempt from comp… UEF liable for [Read more…]
Expert, surgery death, patient marijuana use
EXPERT: Supervisory control denied as to Neill’s refusal to exclude in advance of med-mal trial or hold Daubert hearing on defense expert testimony as to decedent’s alleged pre-surgery marijuana use… order. [Read more…]
Employee/contractor carpenter, casual employment
Carpenter not independent contractor, but fact issues as to home owner’s profit motive preclude summary judgment as to casual employment on residence… Shea. [Read more…]
§39-71-520(2) time limits for UEF petition
§39-71-520(2) unconstitutionally vague as to time limits for UEF petition, motion to dismiss denied… Shea.
Shelly Weidow was injured 6/13/06. UEF denied liability. The DLI mediator [Read more…]