Cross motions for summary judgment on Libby Medical Program reimbursement issues denied, trial to be set… Sandler. [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…]
Libby asbestos, ARD/OD death, last injurious exposure
Exposure to Libby asbestos at LP lumber mill makes LP liable for ARD OD and resulting death despite earlier and larger exposures elsewhere and 50 years of smoking . . . no penalty or fees as LP’s interpretation of last injurious exposure rule was not unreasonable. . . Sandler. [Read more…]
SSD denial
SSD denial properly affirmed despite ALJ improperly discounting treating doctor’s opinion. . . Christensen affirmed (unpublished). [Read more…]
Work comp, Libby Medical Plan “reimbursement”
WORK COMP: Estate of worker who died of ARD properly denied “reimbursement” of $95,846 paid by Libby Medical Plan after comp insurer paid all benefits… Shepard (1985) similar, still good law… Sandler affirmed. [Read more…]
Medical bills paid by Libby Medical Plan
Insurer not liable under §704 as interpreted in Shepard for decedent’s medical bills which were paid by entity that is not seeking reimbursement… Sandler. [Read more…]
Settlement rescission, mental capacity, influence
Petitioner failed to prove lack of mental capacity to understand pro se settlement petition or that MSF exerted undue influence, reopen/rescind denied… Sandler. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
Joinder/intervention, ARD claimant’s employer
Joinder/intervention of Decedent’s employer claiming interest because it paid medicals via entity it funded and agreed to indemnify insurer for any OD benefits it pays denied… Sandler. [Read more…]
Amendment for new statute of limitations defense
Amendment to assert new statute of limitations defense allowed over claim of untimeliness and prejudice from “thousands of dollars” of expert expenditures… claim barred by 2-year statute at §2905(2)… Sandler. [Read more…]
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