Insurer liable only for conditions caused or materially aggravated by job slip & fall which it paid, non-credible Claimant not entitled to additional benefits including TTD, PPD, rehab, medical… Sandler. [Read more…]
Treating v. IME physicians’ pain opinions
Treating physician’s opinion that pain stems from job injury given more weight than IME physician’s… pain meds constitute primary medical services… Sandler. [Read more…]
Medical benefits time-barred
Medical benefits time-barred under 2-year statute at §29-05(2). . . Sandler. [Read more…]
Public duty, officer as sole cause of harm
PUBLIC DUTY: Certified question from 9th Circuit accepted as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm… order. [Read more…]
Public duty, officer as cause of plaintiff’s harm
PUBLIC DUTY: Question certified as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm, in appeal from ruling by Haddon that it does shield him… order. [Read more…]
New trial/amendment of findings request
New trial/amendment of findings denied as to ruling that Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd, employer’s actions imputed to [Read more…]
Mislaid/unreported claims, estoppel
Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd… employer’s actions imputed to insurer, equitable estoppel applies, Petitioner entitled to [Read more…]
Statements against interest, co-worker shooting
Invocation of 5th makes co-worker “unavailable,” but statements to 3rd parties that he shot Petitioner in self-defense [Read more…]
Work comp, plumber hand OD v. motorcycle wreck
WORK COMP: Plumber’s work significantly aggravated or contributed to hand/wrist condition, not significantly affected by motorcycle accident, 51% standard properly rejected… Shea affirmed. [Read more…]