PROBATE: Homestead on ranch correctly valued and distributed in light of will and contract for deed… Abbott affirmed (memorandum). [Read more…]
Appeal procedure, appeal 75 days from probate order,
APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]
Libby Medical Program reimbursement
Cross motions for summary judgment on Libby Medical Program reimbursement issues denied, trial to be set… Sandler. [Read more…]
Unaccepted liability for CTS, mistake of hands on wheel
Insurer properly unaccepted liability for CTS from 2008 rear-end MVA because initial acceptance was based on mutual mistake that Petitioner had both hands on wheel when in fact she was holding phone with one hand… Petitioner did not establish that she suffered from postconcussive syndrome 2015-present, is not TTD or PTD… Sandler. [Read more…]
Shoulder overuse syndrome
Left shoulder condition is a compensable overuse syndrome caused by inability to fully use right shoulder after compensable injury. . . Sandler. [Read more…]
$3,519.61 verdict, low-speed rear-end MVA
VERDICT: $3,519.61 past medicals only, low-speed rear-end MVA. [Read more…]
Choice of law, Montana employee, Minn. employer
CHOICE OF LAW/VENUE: Claims of Montana employee and counterclaims of Minnesota employer under intertwined non-solicitation and incentive agreements properly tried in Minnesota pursuant to choice-of-law and forum selection provisions in non-solicitation contract… McMahon. [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…]
Asbestos exposure, county road worker
Potentially causal standard applied to determine that County liable for ARD from exposure to asbestosis on road crew which led to death as opposed to prior exposure at Grace… widow could not have known death related to job until advised by attorney, timely filed thereafter… widow not entitled to PPD in form of 100% [Read more…]
Courthouse annex CO2, COPD exacerbation
Belief that courthouse annex conditions exacerbated COPD resulting in OD not supported by medical evidence… Shea. [Read more…]