INSURANCE: Employee injured while driving personal vehicle not covered for UM under “temporary substitute” provision of employer’s policy… Cavan/Watters affirmed (memorandum). [Read more…]
Work comp, PPD, concurrent employments aggregation,
WORK COMP: PPD rate improperly aggregated from concurrent employments when Claimant was only precluded from 1 employment at MMI… Sandler reversed. [Read more…]
Work comp, PPD, concurrent employments aggregation
WORK COMP: PPD rate improperly aggregated from concurrent employments when Claimant was only precluded from 1 employment at MMI… Sandler reversed. [Read more…]
Discovery, financials of house sellers for punitives
DISCOVERY: Challenge of RFPs seeking financials of house sellers for punitives purposes prior to summary judgment stage rejected… Souza. [Read more…]
Reconsider concurrent employments ruling denied
Reconsideration of concurrent employments ruling denied for lack of compelling reason to cite new argument earlier… Sandler. [Read more…]
Wages/PPD, concurrent employments
PPD improperly calculated for concurrent employments… Claimant entitled to additional PPD ($18,032 claimed) but not fees/penalty as MSF’s arguments were reasonable… Sandler. [Read more…]
TTD improperly terminated, mistaken full-duty release
TTD improperly terminated based on mistaken full-duty release, DLI properly ordered reinstatement pending a hearing per §610… Sandler. [Read more…]
Work comp, Class 1 claimants without actual wage loss
WORK COMP: Legislature had rational basis for distinguishing between Class 1 and Class 2 or higher impairment claimants without actual wage loss, equal protection challenge properly rejected… Sandler affirmed. [Read more…]
Insurance, $1,265,000, pest control, CGL/PCOH
INSURANCE: $1,265,000 properly awarded pest control manufacturer, distributor, apple orchard against CGL/PCOH insurer for failure to defend/indemnity moth damage claims… Baugh affirmed. [Read more…]
$85,000 settlement, disability discrimination
SETTLEMENT: $85,000, disability discrimination (lumbar compression fracture), 81-year-old terminated parking booth cashier… $2,955 discovery sanctions. [Read more…]