DLI erred in ordering psychological IME as to reaction to glue because prior IME physician addressed causation, treating physician has not changed his opinion, and no evidence condition has changed… Sandler. [Read more…]
Interim TTD upon PPD conversion
Claimant does not qualify for interim TTD upon conversion of TTD to PPD… Sandler. [Read more…]
Prerelease resident, casual employee of home owner
Prerelease resident was direct employee of roofing contractors, not statutory employee of prerelease, at most only casual employee of house owner who was not in rental business… UEF liable for comp, with right to indemnification from defaulted roofing contractors… Shea. [Read more…]
Rocky Mountain Spotted Fever
Petitioner failed to prove he contracted RMSF while working as hunting guide… Shea. [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…]
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…]
Uninsured employer, indemnification/contribution
No standing by uninsured employer to seek indemnification/contribution from 3rd-party insurer… Shea. [Read more…]
Amendment to add party/reimbursement issue
Leave granted to add MSF as party and add issue of UEF’s claim for reimbursement, over UEF’s objection that amendments time-barred, do not relate back to original pleading, claim not re-mediated each time UEF [Read more…]