Summary judgment denied as to TTD calculation based on disputed hours hired to work and value of housing provided… Bruner. [Read more…]
“Medically determined physical restriction” for TPD
MSF has not established that Petitioner does not have a “medically determined physical restriction” for TPD purposes… Bruner. [Read more…]
No jurisdiction to change minor-beneficiary payee
Court lacks jurisdiction to change minor-beneficiary’s payee from deceased’s sister to beneficiary’s mother/deceased’s ex-wife… Bruner. [Read more…]
Insufficient medical opinion to prove OD
Providers’ documentation of what Petitioner told them insufficient medical opinion to prove OD… Sandler. [Read more…]
Good cause for additional earnings per co-worker affair
Good cause to use additional earnings from before last 4 pay periods before injury per §123(3)(b) to calculate bus driver’s wages because co-worker’s affair with Assistant GM and owner’s condoning it created intolerable conditions that drove her to transfer positions and start part-time schedule and then co-worker and Asst. GM retaliated by giving her fewer hours… Claimant entitled to costs but not fees/penalty as calculation of wages under 123(3(a) was reasonable… Sandler. [Read more…]
Wages/TTD, concurrent employments
School bus driver/groundskeeper did not have concurrent employment with school district as paraprofessional/aide at time of summer injury, combined earnings for TTD properly denied… Sandler. [Read more…]
Work comp, 3rd attempt to rescind 1988 head settlement
WORK COMP: Third attempt to rescind 1988 head settlement properly rejected… Sandler affirmed (memorandum). [Read more…]
3rd attempt to rescind head injury settlements
Third attempt to rescind settlements of 1988 head injury rejected… Sandler. [Read more…]
No open-ended order for neurologist/psychiatrist IME
Open-ended order for neurologist/psychiatrist IME to assess possible conversion disorder denied… good cause not shown to vacate scheduling order to allow more time to schedule IME… Sandler. [Read more…]
Ladder fall shoulder injury, competing medical opinions
Petitioner injured shoulder in ladder fall, giving more weight to treating orthopedist than IME occupational medicine physician, but denial was still reasonable in light of other factors… Sandler. [Read more…]