Insurer not liable for wrist fracture because Petitioner did not prove that fall was result of knee instability… Sandler. [Read more…]
Chiropractor, “medically determined,” 1991 WCA
Chiropractor cannot provide “medically determined” restriction or “physician’s” inability to work TOI job certification under 1991 law to support PPD/rehab claims by Claimant injured in 1991… Sandler. [Read more…]
Work comp bad faith, fiduciary, defense verdict
WORK COMP BAD FAITH: 3rd-party claimant not owed a fiduciary duty… Plaintiff’s negligence-based causation instruction properly denied… new trial not required by juror questionnaire mixup… 0 damages (breach of duty but no loss from delayed acceptance of claim that hip surgery was necessitated by fall due to instability from 1982 knee injury) supported by evidence… fees for motion to compel properly excluded time for potential punitives, rate properly “split-the-difference” between Plaintiff/Defendant rates… Deschamps affirmed. [Read more…]
Defense verdict, work comp bad faith
VERDICT: Defense, work comp bad faith, breach of duty but no loss or harm from delayed acceptance of claim that hip fracture surgery was necessitated by falls due to instability of knees from 1982 knee injury. [Read more…]
Interim benefits, prima facie case
Prima facie case for interim benefits made in dispute as to treating physician, job accommodation, DLI grant of interim benefits affirmed… Shea. [Read more…]
Class action, auto medicals exclusion settlement
CLASS ACTION: “Stymied” objectors to auto medical exclusion class action settlement erroneously denied discovery, remanded for discovery and another fairness hearing… Newman reversed. [Read more…]
Insurance/procedure, common law bad-faith
INSURANCE/PROCEDURE: Common law bad-faith claim barred by claim preclusion of Federal Court determination that only statutory claim pled under federal pleading rules and thus barred by 1-year statute, failure to amend to assert common law claim (with 3 year statute) defeats [Read more…]
Statute of repose
Petitioner received treatment and made demands for payment within statute of repose… Shea. [Read more…]
Cerebellar hemorrhage, causation
Cerebellar hemorrhage causally related to job MVA 2 years earlier, insurer liable but denial not unreasonable… motion to strike testimony untimely… Shea. [Read more…]
Work comp, Flynn Order “paid in full”
WORK COMP: Flynn Order “paid in full” properly applies Dempsey retroactivity principles… Shea affirmed. [Read more…]