Claimant does not qualify for interim TTD upon conversion of TTD to PPD… Sandler. [Read more…]
Fact issues as to injury occurrence
Fact issues preclude summary judgment of no work-related injury… Sandler. [Read more…]
Child abuse investigation, immunity
CHILD ABUSE INVESTIGATION: Mother failed to establish material fact issue to support claim that child protection employees investigating her were grossly negligent or knowingly provided false information, State entitled to summary judgment on immunity… Reynolds reversed, affirmed. [Read more…]
Stipulation limiting election of coverage
Stipulation limiting election of coverage not violative of prohibition against waivers of rights, requirement that MSF insure any employer… Sandler. [Read more…]
Defense judgment, auto death insurance exclusions
BENCH JUDGMENT: Claims of negligent entrustment/supervision of son who stole death car from parents precluded by home policy exclusions for injury arising out of ownership/use of parents’ car, failure to prove exclusion ambiguities or gross negligence… [Read more…]
Wage loss dispute
Petitioner had actual wage loss under pre-11 PPD statutes, found following trial to be entitled to PPD… dispute as to wage loss due to job injury precluded summary judgment for either party on impairment… Shea. [Read more…]
Social worker negligence, expert, removal of child
SOCIAL WORKER NEGLIGENCE: Claims against State for removing girls from mother without adequately investigating report of psychological abuse dismissed for lack of expert as to standard of care of investigator… Reynolds. [Read more…]
Physical limitations/vocal impairments
Job approvals inconsistent with physical limitations/ vocal impairments, Claimant entitled to PTD… termination not unreasonable in complex situation… Shea. [Read more…]
Insurance, auto/home insurers, separate counsel
INSURANCE: Home insurer ensured that full defense was provided by auto insurer, not required to hire separate counsel, did not breach duty to defend MVA death claims, not liable for $750,000 stipulated judgment… Townsend reversed. [Read more…]
Judge substitution, attorney/client adverse interests
JUDGE SUBSTITUTION: Interests of property sellers and attorney sufficiently adverse for separate substitution motions despite substitution in separate suit by competing buyer… Cybulski reversed (IOR I-3(d)). [Read more…]