WORK COMP: Security guard’s claim of nose injury from altercation with psychiatric patient properly denied for failure to file written claim within the 3 years provided for lack of knowledge of disability… sketchy Daily Activity Report did not constitute notice… Sandler affirmed. [Read more…]
Logger ARD/OD
Logger timely filed ARD OD claim, ARD was OD for which insurer liable, Claimant entitled to medical/impairment award/PTD/costs but not attorney fees or penalty despite Court’s misgivings… 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…]
Lockhart lien for getting terminated medical reopened
Lockhart lien perfected by sufficient work (far more than merely “initiating a process”) in obtaining 2 years of additional medical after termination under 60-month rule despite conflict in DLI Retainer Agreement and fee rule. . . no penalty/fees as this is issue of 1st impression. . . Sandler. [Read more…]
60-month rule, doctor’s office failure to bill
60-month rule not implicated by doctor’s failure to bill for treatment. . . no penalty or fees as issue not squarely addressed previously. . . Sandler. [Read more…]
Notice of claimed injury, summary judgment denied
Summary judgment on notice of claimed injury denied. . . Sandler. [Read more…]
Work comp, chiropractor as “physician”
WORK COMP: Fleming incorrectly held that WCA procedural statutes in effect date of injury apply, Blythe correctly held that definition of “physician” is the one in statutes in effect at time of trial (includes chiropractors). . . Sandler “reversed” albeit correctly applying most recent holding. [Read more…]
Prospect of regular employment
Petitioner proved no reasonable prospect of regular employment… rehab expert could find no satisfactory sales job that would accommodate as did TOI employer… because Petitioner is PTD he is entitled to ongoing medical under §704(1)(f)(ii)… Sandler. [Read more…]
No fees on surgery authorized before adjudication
No fees on medical benefits because insurer authorized surgery before Court adjudicated… no fees on 20% increase for unreasonable delay… Sandler. [Read more…]
Compromise PTD settlement v. PTD medical
Compromise settlement of claimed right to PTD wage-loss benefits does not preclude claim of PTD for medical benefits purposes… PTD claimant need not petition DLI to reopen medical benefits before petitioning the Court… Sandler. [Read more…]
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