Area of shared parking lot at mall was part of grocery’s worksite, baker’s injury while returning from break in car within course & scope… denial reasonable as issue was unsettled despite withdrawn 2006 WCC ruling… Sandler. [Read more…]
Interim TTD, job restrictions inconsistencies/ambiguities
Claimant with TBI from semi rollover made prima facie case for interim TTD where doctor had insufficient knowledge of approved light driving jobs as to whether Claimant could perform them and his restrictions were vague. . . insurer failed to convince that Claimant does not want to work. . . DLI award of interim benefits affirmed. . . Sandler. [Read more…]
Notice of injury, entry in Daily Activity Report
Entry in Daily Activity Report of ER security officer being hit by patient did not indicate injury, not sufficient notice of injury. . . even if waiver of 12-month deadline applicable, claim submitted beyond 36-month absolute deadline. . . Sandler. [Read more…]
Notice of claimed injury, summary judgment denied
Summary judgment on notice of claimed injury denied. . . Sandler. [Read more…]
ARD, continued exposure to asbestos
Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Asbestosis liability, last exposure
NFU not liable for asbestosis under last injurious exposure rule… Sandler. [Read more…]
Post-petition OD evaluation, jurisdiction
Post-petition OD evaluation creates doubt as to continued jurisdiction, dismissed without prejudice… Sandler. [Read more…]
Bonus/AWW, offsets, overpayments, reconsideration
Reconsideration of rulings as to bonus/AWW, offsets, overpayments denied… Shea. [Read more…]
AWW, bonus, vacation pay, auxiliary SSD offset
Good cause to calculate AWW under §123(3)(b), annual bonus included, vacation pay, employer 401(k) contributions excluded… 123 not proven unconstitutional, no penalty… insurer not estopped from offsetting son’s auxiliary SSD and recouping [Read more…]
Leading cause
Work ranked 4th out of 5 factors does not constitute “leading cause,” Petitioner failed to prove OD while employed by subsequent employer… nurse’s deposition opinion that OD a permanent aggravation excluded as inconsistent with prior deposition opinion… Shea. [Read more…]