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…]
Asbestos exposure, county road worker
Potentially causal standard applied to determine that County liable for ARD from exposure to asbestosis on road crew which led to death as opposed to prior exposure at Grace… widow could not have known death related to job until advised by attorney, timely filed thereafter… widow not entitled to PPD in form of 100% [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…]
Asbestosis statute of limitations
Summary judgment on asbestosis claim precluded by statute of limitations fact issues… Shea. [Read more…]
$43 million settlement, asbestos claims against State
SETTLEMENT: $43 million, asbestos disease claims by 1,383 claimants against State stemming from Libby mine, including 1/3 [Read more…]
Asbestosis petition timeliness
Asbestosis petition more than 2 years after denial of benefits untimely… no equitable estoppel by further investigation [Read more…]
Employee of mill v. subsidiary powerhouse
Petitioner was employee of mill even though he worked in subsidiary’s powerhouse, mill properly identified as employer [Read more…]