SUPERVISORY CONTROL of Linneweber over collateral estoppel issue relating to industrial accident declined… Order. [Read more…]
Comp bad faith, discovery/sanctions rulings
COMP BAD FAITH: Supervisory control of Best denied as to “discretionary” discovery/sanctions rulings involving “disputed issues of fact” in suit against insurer and adjuster… Order. [Read more…]
Work comp, statute tolled while no guardian
WORK COMP: Statute properly tolled during time Claimant was without a guardian… substantial evidence supports finding that Claimant was working with argon when valve burst leading to incapacitating injuries from lack of oxygen… attorney fees and penalty properly imposed for inadequate investigation by adjuster… Sandler affirmed. [Read more…]
Burst gas cylinder, cardiopulmonary/brain, penalty
Claimant suffered compensable injuries from burst gas cylinder valve which resulted in cardiopulmonary arrest and brain damage… insurer’s denial unreasonable because it did not conduct adequate investigation or keep claim file in accordance with §107(3)… Sandler. [Read more…]
2-year petition statute tolled during mental incompetence
2-year statute for petition for hearing tolled during period of mental incompetence… Sandler. [Read more…]
Injured adjuster, Kentucky employer, claim file
Petitioner claiming OD in employment as a comp adjuster for Sedgwick entitled to Sedgwick’s entire file because documents in Intermountain’s file suggest that Sedgwick is actively involved in adjusting the claim from Kentucky and supervising & directing Intermountain’s Montana adjusters and acting as more than mere “payment clerk”… if the Intermountain adjusters disclosed communications from Hartford’s attorney to Sedgwick, attorney-client and work-product privileges have been waived… Sandler. [Read more…]
Work comp, “negligence per se” UEF denial jurisdiction
WORK COMP: WCC has exclusive jurisdiction to consider claim of negligence per se in UEF’s denial of responsibility which allegedly caused Plaintiff harm… Vannatta. [Read more…]
Work comp privacy, alleged ex parte communications
WORK COMP PRIVACY: No constitutional tort in communications by County employee comp adjuster and contract nurse with treating physician and pharmacist on which injured Deputy bases claim of privacy breach… feeling disappointed and upset at not having opportunity to participate in discussions not compensable detriment or injury… summary judgment for Defendants… settled for $40,000 in appellate mediation… Halligan. [Read more…]
$40,000 settlement, ex parte with doctor/pharmacists
SETTLEMENT: $40,000, ex parte communications with doctor & pharmacists. [Read more…]
$250,000 settlement, pregnancy discrimination
SETTLEMENT: $250,000, pregnancy discrimination. [Read more…]