VERDICT: Defense, embolic stroke following surgery for urinary incontinence, informed consent as to use of daVinci robot. [Read more…]
Foreclosure, lake house treated as abandoned
FORECLOSURE: Verdict affirmed that loan servicer on million-dollar lake house that it treated as abandoned breached deed of trust but owner suffered no damages… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Medical benefits time-barred
Medical benefits time-barred under 2-year statute at §29-05(2). . . Sandler. [Read more…]
Failure to give notice of alleged accident
Petitioner failed to give notice of alleged accident within 30 days, claim not compensable. . . Sandler. [Read more…]
Trip over dogs v. lifting bucket, employer statements
Admissibility of employer’s written statements recounting that Petitioner said she hurt her shoulder when she tripped over her dogs reserved for trial. . . Sandler. [Read more…]
Student attack, physical, mental-physical, mental-mental
No compensable physical “injury” by aide hit & pinched by special needs student. . . anxiety, depression, PTSD, pseudoseizures non-compensable mental-mental or mental-physical. . . Sandler. [Read more…]
Grain dust lung claim, lifting hernias claim
Fact issues preclude summary dismissal of grain dust lung claim and lifting hernias claim… Sandler. [Read more…]
No TTD reinstatement, temporary job declined
Claimant did not tender strong prima facie case for TTD reinstatement since he declined temporary assignment without attempting it… DLI affirmed… Sandler. [Read more…]
MVA death, travel allowance exception
MVA death arose under travel allowance exception to going & coming rule, not excluded under §407(3)(b) because no per diem incentive document… Estate not entitled to fees/penalty… Sandler. [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…]