EMPLOYMENT ACCOMMODATION: $231,134.16, failure to provide reasonable accommodations to ultrasound technician as result of non-work shoulder injury… Administrative Decision… Chad Vanisko. [Read more…]
$237,659.60 default judgment, wrongful discharge
DEFAULT: $237,659.60 wrongful discharge judgment properly not set aside based on excusable neglect where registered agent received summons but HR Director initiated internal investigation rather than company filing appearance or answer… Townsend affirmed. [Read more…]
Work comp, Libby Medical Plan “reimbursement”
WORK COMP: Estate of worker who died of ARD properly denied “reimbursement” of $95,846 paid by Libby Medical Plan after comp insurer paid all benefits… Shepard (1985) similar, still good law… Sandler affirmed. [Read more…]
Flight attendant motorcycle injuries
Flight attendant’s motorcycle injuries during layover not within course & scope of employment… Sandler. [Read more…]
Interim benefits, prima facie case
Prima facie case for interim benefits made in dispute as to treating physician, job accommodation, DLI grant of interim benefits affirmed… Shea. [Read more…]
Psychiatric evaluation
Sufficient grounds for psychiatric evaluation after 7½ years of TTD with little improvement… Shea. [Read more…]
Corporate officer notice, equitable estoppel
MSF equitably estopped from using 603(2) corporate officer notice to avoid indemnifying Hartford for benefits it paid under 407(5)… summary judgment against element 3 of estoppel reconsidered, all 6 elements satisfied… Shea. [Read more…]
Insurer at risk, non-party Claimant, estoppel
Claimant was injured while MSF was insurer at risk, but defense cannot be raised in this insurer v. insurer case because Claimant is not a party… Hartford not liable, but did not prove that MSF should be equitably [Read more…]
Work comp, causal standard, medical opinions
WORK COMP: Correct standard for causal connection between claimed injury and job accident is “more probable than not,” correct result despite use of “reasonable degree of medical certainty”… injury and causation must be established through objective medical findings… [Read more…]
3rd IME, claimed memory loss
Insurer failed to establish claimed memory loss a new condition, motion to compel 3rd IME denied… Shea. [Read more…]