SUPERVISORY CONTROL of Linneweber over collateral estoppel issue relating to industrial accident declined… Order. [Read more…]
Comp bad faith, discovery/sanctions rulings
COMP BAD FAITH: Supervisory control of Best denied as to “discretionary” discovery/sanctions rulings involving “disputed issues of fact” in suit against insurer and adjuster… Order. [Read more…]
Defense verdict, claimed wrongful jail rape conviction
VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Work comp, statute tolled while no guardian
WORK COMP: Statute properly tolled during time Claimant was without a guardian… substantial evidence supports finding that Claimant was working with argon when valve burst leading to incapacitating injuries from lack of oxygen… attorney fees and penalty properly imposed for inadequate investigation by adjuster… Sandler affirmed. [Read more…]
Political discrimination, demoted sheriff’s deputy, §1983
POLITICAL DISCRIMINATION: §1983 claim improperly dismissed on grounds that HRA was exclusive remedy for claims by demoted sheriff’s deputy grounded in political discrimination but unchallenged ruling upholding FAD precludes reinstatement of §1983 claim… notice of appeal properly encompassed dismissal of District Court complaint… Lint affirmed. [Read more…]
Burst gas cylinder, cardiopulmonary/brain, penalty
Claimant suffered compensable injuries from burst gas cylinder valve which resulted in cardiopulmonary arrest and brain damage… insurer’s denial unreasonable because it did not conduct adequate investigation or keep claim file in accordance with §107(3)… Sandler. [Read more…]
2-year petition statute tolled during mental incompetence
2-year statute for petition for hearing tolled during period of mental incompetence… Sandler. [Read more…]
Indemnification/failure to prosecute
INDEMNIFICATION/FAILURE TO PROSECUTE: Paving contractor entitled to indemnity from subcontractor for damage to vehicles from primer which emulsified in rain, negligence/foreseeability not required… State’s case against insurer improperly dismissed for failure to prosecute for 17 months… Harkin/Townsend reversed. [Read more…]
Psychiatric evaluation
Sufficient grounds for psychiatric evaluation after 7½ years of TTD with little improvement… Shea. [Read more…]
Mediation timing
Dismissal without prejudice for Petitioner’s failure to complete mediation by notifying mediator whether recommendation accepted before filing petition, even though mediator notified 2 months later… Shea. [Read more…]