WORK COMP: Payment of full amount of claimed benefits constituted waiver of recoupment in multiple employments case, alleviates any injury except for claim for penalty which was improperly denied… Bruner reversed. [Read more…]
Statute of limitations, MVA passenger fibromyalgia
STATUTE OF LIMITATIONS properly held to bar passenger’s claims against former husband/driver of accident vehicle over assertion that fibromyalgia was self-concealing or driver was estopped from defending based on Montana statute because he had agreed to North Dakota’s 6-year statute… Knisely affirmed (memorandum). [Read more…]
IME compelled over objections to signing documents
Motion to compel IME granted with conditions: Petitioner is required to sign the provider’s Informed Consent document but not the FAQ document or take any action associated with the HIPAA notice… Bruner. [Read more…]
Insurance, UM, “temporary substitute” vehicle
INSURANCE: Employee injured while driving personal vehicle not covered for UM under “temporary substitute” provision of employer’s policy… Cavan/Watters affirmed (memorandum). [Read more…]
Insurer’s denials not attempt to “unaccept” liability
Insurer’s denials were not attempt to “unaccept” liability without justification, but is liable for L4-5 and left cubital tunnel syndrome, not for right cubital tunnel syndrome or left carpal tunnel syndrome, not for fees/penalty… Sandler. [Read more…]