WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]
Course & scope, MVA on way to wind farm
Petitioner injured in MVA on way to work at wind farm in course & scope… Sandler. [Read more…]
Work comp, insurer/provider ex parte
WORK COMP: §604(3) ex parte insurer/provider contacts unconstitutional as violative of right of privacy… a narrowly crafted release authorizing ex parte contact solely for administrative purposes would not violate privacy… Shea affirmed. [Read more…]
Major contributing cause
Janitorial work not major contributing cause of condition… Shea. [Read more…]
Ability to perform job injury, reconsideration
Summary judgment improvidently granted as to whether Petitioner can perform injury job… Shea. [Read more…]
Time-of-injury job capability
Summary judgment that Petitioner capable of time-of-injury job, not entitled to additional PPD/rehab… Shea. [Read more…]
Fraud counterclaim by employer, jurisdiction
No jurisdiction to hear tort claims by 3rd-party employer, fraud counterclaim and request for indemnity dismissed… sanctions against employer denied, but counsel for employer and Claimant advised to [Read more…]
Work comp, truck driver arthritis OD, 2009 WCA
WORK COMP: Truck driver’s duties, compared to all other contributing causes, were leading cause of worsening of osteoarthritis leading to inability to drive, OD compensable under 2009 WCA… Shea affirmed. [Read more…]
Cerebellar hemorrhage, causation
Cerebellar hemorrhage causally related to job MVA 2 years earlier, insurer liable but denial not unreasonable… motion to strike testimony untimely… Shea. [Read more…]
Denial, specific v. general
MCCF’s denial of specific medical bill cannot be construed as denial of benefits and dispute over liability as to claim in general [Read more…]