Insurer liable only for conditions caused or materially aggravated by job slip & fall which it paid, non-credible Claimant not entitled to additional benefits including TTD, PPD, rehab, medical… Sandler. [Read more…]
Work comp, same OD, same employer, 2 insurers
WORK COMP: Liability for recurrence of OD while working for same employer remains with initial insurer. . . Sandler reversed. [Read more…]
PTD for 1997 injury after retirement age, waiver
Petitioner waived right to PTD after retirement age for 1977 injury by his declarations and conduct including accepting PTD at 1983 rate for nearly 13 years. . . Sandler. [Read more…]
CTS aggravation under 2nd insurer
Longer hours under 2nd insurer aggravated CTS for which 1st insurer had accepted liability… 2nd insurer liable, not entitled to indemnification from 1st insurer… 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…]
Aggravation, primary v. IME physician
Job injury permanently aggravated pre-existing neck condition based on IME-turned-primary-physician’s opinion over other IME opinion… insurer remains liable for ongoing care but may deny authorization for a particular treatment if it has legitimate grounds that it is maintenance or palliative… Sandler. [Read more…]
Wrongful discharge, probationary grocery executive
WRONGFUL DISCHARGE: Probationary grocery executive’s wrongful discharge claims dismissed… breach of contractual promise of bonus, breach of implied covenant, defamation, IIED/NIED claims survive to extent they are not based on termination, dismissed to extent they are intertwined with termination… Ostby. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
Post-petition OD evaluation, jurisdiction
Post-petition OD evaluation creates doubt as to continued jurisdiction, dismissed without prejudice… Sandler. [Read more…]
ARD, plywood mill v. smoking
Treating physicians’ testimony supports ARD from plywood mill over insurer’s contention of long-term smoking, last injuriously exposed to asbestos at successive mill employers, not at [Read more…]