New trial/amendment of findings denied as to ruling that Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd, employer’s actions imputed to [Read more…]
Average weekly wage, “idleness,”
Time for calculating average weekly wage of full-time carpenter should not include 4 months of “idleness” while off work due to previous injury in the prior 1-year period, more appropriate to use the previous 9 months and include other periods of idleness… Shea. [Read more…]
Mislaid/unreported claims, estoppel
Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd… employer’s actions imputed to insurer, equitable estoppel applies, Petitioner entitled to [Read more…]
Pain causation
Original injury and resulting surgeries related to ongoing pain, prior ruling to contrary based on treating physician’s inability to define the relationship not res judicata to present claim… insurer reasonably disputed further pain medication based on prior ruling, paid under [Read more…]
Work comp, “last injurious exposure”
WORK COMP: “Last injurious exposure” rule properly applied to OD from concurrent jobs, no liability by insurer of job which [Read more…]
Work comp, Flynn Order “paid in full”
WORK COMP: Flynn Order “paid in full” properly applies Dempsey retroactivity principles… Shea affirmed. [Read more…]
Last injurious exposure, same type/kind of jobs
Respondent not liable under “last injurious exposure rule” where Claimant worked “same type and kind” of jobs concurrently until [Read more…]
Provider information participation, reconsideration
Reconsideration of summary judgment for Claimant on unconstitutionality of §§ 39-71-604(3) & 50-16-527(5) due to [Read more…]
Insurer/insurer indemnification, non-Belton
MSF entitled to indemnification for payments which were properly & primarily owed by Liberty in non-Belton case… Shea. [Read more…]
Health care provider access constitutionality
§§ 39-71-604(3) & 50-16-527(5) unconstitutional under Art. II §10 as applied to Claimant seeking notice & participation in [Read more…]