Neither party correctly calculated AWW for purposes of TPD for janitor who had different hourly rates cleaning State and private offices and whose weekly hours varied… Sandler. [Read more…]
Unsigned settlement agreement enforced
MSF’s motion to enforce unsigned settlement agreement granted because Petitioner did not make signing a condition to a binding agreement… Sandler. [Read more…]
Hearing aid benefits beyond 60-month termination
Claim of entitlement to hearing aid benefits beyond 60-month rule termination not ripe for trial… Sandler. [Read more…]
“Not entirely credible” Petitioner, PTD
“Not entirely credible” Petitioner failed to prove that age, pain, lack of skills preclude approved JAs at nursing home, PTD claim rejected… Sandler. [Read more…]
Statute of limitations, dispute whether issue mediated
Fact issue as whether SI joint issue was mediated in first mediation precludes summary judgment on statute of limitations claim… Sandler. [Read more…]
Petition for hearing statute of limitations
Petition for hearing challenging UEF’s “employee” determination received by Court 1 day after limitations period had run is time-barred, equitable tolling not applicable as current §520 is not ambiguous and this is simply a case of neglect, time not extended by 3 days for mailing… UEF’s “employee” determination is final… Sandler. [Read more…]
Progression of back injury v. aggravation
Inability to work not result of progression of 1994 back injury, new job aggravated Petitioner’s back condition and he has not returned to baseline, not entitled to TTD or PTD from time he quit job. . . Sandler. [Read more…]
Failure to use medical benefits, surgery delay
Medical benefits terminated for failure to use for 60 months, approved bone spur surgery delayed too long, not saved by prothesis exception. . . Sandler. [Read more…]
ARD, continued exposure to asbestos
Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Rescission, $4,000 settlement, lost toe
Petition to rescind not time-barred, but no viable grounds to rescind $4,000 settlement by Claimant who lost toe allegedly to oil rig frostbite… Sandler. [Read more…]