Petitioner injured shoulder in ladder fall, giving more weight to treating orthopedist than IME occupational medicine physician, but denial was still reasonable in light of other factors… Sandler. [Read more…]
Ongoing medicals under prior ruling, penalty/fees
As held in prior case, Petitioner entitled to ongoing medical benefits including diagnostic tests… entitled to prescription medications even if at MMI (although probably not at MMI)… insurer liable for penalty/fees for unreasonable termination… Shea. [Read more…]
Montana jurisdiction, ND injury
No Montana jurisdiction under 39-71-402(1) (2013) where Petitioner who relocated to ND was injured while working in ND… Shea. [Read more…]
Post-accident assault evidence
Motion to exclude law enforcement witnesses/records as to post-accident assault premature, objections to medical records go to weight, not admissibility… Shea. [Read more…]
Ability to perform job injury, reconsideration
Summary judgment improvidently granted as to whether Petitioner can perform injury job… Shea. [Read more…]
Time-of-injury job capability
Summary judgment that Petitioner capable of time-of-injury job, not entitled to additional PPD/rehab… Shea. [Read more…]
Job slip & fall, causation
Work slip & fall after earlier MVA injuries compensable, causation established… Shea. [Read more…]
Response amendment, 30-day notice defense
Amendment of response to petition for trial to add 30-day notice defense granted… Shea. [Read more…]
Drug-seeking Claimant, unauthorized medical bills
Drug-seeking Claimant not entitled to retroactive TTD, entitled to 4 months retroactive TPD, failed to prove unauthorized medical bills were for undisputedly necessary treatment… costs but no fees… Shea. [Read more…]
Job termination, injury v. RIF/restructure
Petitioner terminated due to RIF/restructure, not injury, chose not to apply for other positions for which she was qualified, not entitled to TTD, additional PPD, fees/costs/penalty… Shea. [Read more…]