VERDICT: $3.2 million, breach of solar power purchase agreements… retrial on remand from reversal of $480,000 verdict. [Read more…]
Solar contracts, $480,000 verdict reversed, remanded
SOLAR CONTRACTS: Judge erred by sua sponte excluding Plaintiff’s other projects and development fees and in instructing that jury could award lost profits for NWE’s breach of contract to purchase electricity after PSC suspended NWE’s standard rate… $480,000 verdict reversed, remanded for new trial on recovery of development fees… claim of judicial bias warranting reassignment on remand rejected… Haddon reversed (memorandum). [Read more…]
Subrogation, insurer’s reserve, $7,875,000 tort recovery
Because Court need not make a finding of amount of comp to be paid in future to find whether Claimant has presently been made whole, insurer’s reserve information is irrelevant, not discoverable by Claimant resisting subrogation on $7,875,000 tort settlement… Sandler. [Read more…]
§414(6)(a) (2017) subrogation unconstitutional
§414(6)(a) (2017) subrogation is unconstitutional under Art. II §16 full redress for not including claimant’s costs of recovery in tort claim including attorney fees but the remedy is not a ruling that insurer has no right of subrogation, insurer may exercise that right when below-knee amputation Claimant who obtained $7,875,000 tort settlement is made whole… Sandler. [Read more…]
Mental records in tort recovery subrogation
Mental records are discoverable in tort recovery subrogation case… Sandler. [Read more…]
Pre-MMI claim to invalidate subrogation lien
Petitioner may bring claim to invalidate subrogation lien before reaching MMI and while still receiving benefits… Sandler. [Read more…]
Idiopathic fall, no memory by Petitioner
Summary judgment for insurer precluded by fact issue as to whether Petitioner with no memory suffered idiopathic fall onto level surface… Sandler. [Read more…]
Obese Libby Petitioner, no currently diagnosable ARD
Obese Libby Petitioner failed to show currently diagnosable ARD… Sandler. [Read more…]
Work comp, psychiatric IME, anxiety/insomnia
WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]
Truck driver entitled to PTD, not TTD
Petitioner not entitled to TTD because he was MMI when benefits were terminated and has remained at MMI, but is entitled to PTD/medical from 1/15… Sandler. [Read more…]
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