Petitioner failed to prove job MVA caused shoulder injury/cervical spine condition… neither Petitioner nor wife credible, physicians based causation opinions on incomplete/misleading history provided by Petitioner and wife who failed to report that Petitioner had subsequently fallen… Sandler. [Read more…]
Fraud claims jurisdiction
Fraud claims not properly before the Court, evidence supporting those claims irrelevant and inadmissible… Sandler. [Read more…]
New injury, penalty/fees
Petitioner did not suffer new injury which would sever insurer’s liability under §39-71-407(5), unreasonable to refuse further benefits, Petitioner entitled to penalty/ fees… insurer has not [Read more…]
Copy charges, medical referrals, penalty/fees
Parties may charge 10¢/page plus $25/hr for copying complex documents, UEF bill reduced from $1,012 to $327… Petitioner entitled to referral to orthopedist of choice and to a pain [Read more…]
Fees/penalty, UEF
Petitioner entitled to fees/penalty against UEF under 1991 WCC… Shea. [Read more…]
Concurrent impairment/TTD, travel expense
Payment of impairment awards concurrently with TTD permitted under current statute, argument based on prior statutes and case law devoid of merit, UEF’s suspicion 5 years after refusing to pay impairment awards that Claimant may have returned to work [Read more…]
“Favor” labor, TTD termination, penalty/fees
Petitioner who received no wages in any form for occasional “favor” labor for ex-husband’s lawn business has not returned to work, insurer not in compliance with Coles notice prior to termination of TTD, obligated [Read more…]
Product liability, load binder handle
PRODUCT LIABILITY: Affirmative defenses of misuse, assumption of risk, contributory/comparative negligence where truck driver [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…]
Time limits for appeal from UEF denial
§39-71-520 (2009) time limits for appeal from UEF denial, petition to WCC, did not exist on date of 1993 injury, not [Read more…]