SSD for 11 “severe” conditions not “because of” comp injury (1st impression), no offset… Shea. [Read more…]
Work comp, §39-71-710 rehab age limit
WORK COMP: §39-71-710 rehab age limit violates equal protection in deeming disabled workers ineligible for rehab based [Read more…]
MMI, pain management/meds, TTD
Claimant who may have been at MMI in past no longer at MMI due to need for pain management and reduced pain meds… meds [Read more…]
Pain drug addiction evaluation
No evidence that new evaluation by doctor would yield different results from 2009 evaluation… placement in Washington for pain [Read more…]
§39-71-710 rehab age limit constitutionality
§39-71-710 rehab age limit unconstitutional… Shea.
Harold Caldwell began receiving SSR in 1990 at 62. He was 77 and earning $25,000/yr as Ravalli Co. airport manager when he fell on [Read more…]
Claimed fall/loss of consciousness by trucker
Claimed fall, loss of consciousness by disappeared trucker rejected… fired for performance reasons, not job injuries… prior employer liable for undisputed injuries… not at MMI, [Read more…]
Work comp, fees, death benefits settlement
WORK COMP: Mother’s former attorney not entitled to fee on children’s death benefits after seeking benefits for mother as sole beneficiary and mother stipulated benefits to children… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Negligence, defense verdict, high-speed pursuit
NEGLIGENCE/JURY: Challenge of taxpayers on jury in trial against County rejected… venue change based on jurors’ status as taxpayers properly denied… voir dire properly restricted as to insurance… landowner concerned about source of award properly not excused for cause… JNOV/new trial properly denied in verdict for County in [Read more…]