WORK COMP: Payment of full amount of claimed benefits constituted waiver of recoupment in multiple employments case, alleviates any injury except for claim for penalty which was improperly denied… Bruner reversed. [Read more…]
Failure to keep IME/consultation appointments
DLI finding Claimant unreasonable for failing to keep IME and consultation and suspending TTD reversed… Bruner. [Read more…]
Failure to attend medical appointments
DLI’s failure to make factual finding as to whether Claimant’s failure to attend medical appointments was unreasonable before approving insurer’s request to suspend comp requires remand… Bruner. [Read more…]
IME compelled as to location of psychiatrist’s practice
Insurer’s motion to compel IME of Cascade Claimant in Missoula where psychiatrist practices rather than Great Falls which is closer to Claimant granted. [Read more…]
IME compelled over objections to signing documents
Motion to compel IME granted with conditions: Petitioner is required to sign the provider’s Informed Consent document but not the FAQ document or take any action associated with the HIPAA notice… Bruner. [Read more…]
Wage calculations in 1st-impression scenario
Both parties’ methods of calculating wage-loss benefits are incorrect for Petitioner who works at 2 simultaneous jobs but post-injury can continue at only 1 (1st impression)… Bruner. [Read more…]
Exposure to swimming pool chemicals
Exposure to swimming pool chemicals not proven to be cause of peripheral neuropathy… Sandler. [Read more…]
Termination while in modified position
Petitioner terminated while in modified position entitled to TTD between termination and surgery, no loophole for where worker begins modified duty before receiving TTD, termination for not being a “fit for culture, property, department” too nebulous to constitute “disciplinary reason”… Sandler. [Read more…]
Foot injury at work v. before work
Petitioner injured foot at work, entitled to medicals, but continued to work until quitting and moving out of state for reasons unrelated to injury so not entitled to wage loss… insurer not unreasonable in denying claim… Shea. [Read more…]
Easement, constructive notice of recordings
EASEMENT: Purchaser is on constructive notice of recorded servitudes & encumbrances granted by existing & prior owners (adopting broad chain-of-title concept), summary judgment improperly granted to Plaintiffs who failed to discover 100 [Read more…]