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…]
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…]
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…]
Injured adjuster, Kentucky employer, claim file
Petitioner claiming OD in employment as a comp adjuster for Sedgwick entitled to Sedgwick’s entire file because documents in Intermountain’s file suggest that Sedgwick is actively involved in adjusting the claim from Kentucky and supervising & directing Intermountain’s Montana adjusters and acting as more than mere “payment clerk”… if the Intermountain adjusters disclosed communications from Hartford’s attorney to Sedgwick, attorney-client and work-product privileges have been waived… Sandler. [Read more…]
Work comp, “negligence per se” UEF denial jurisdiction
WORK COMP: WCC has exclusive jurisdiction to consider claim of negligence per se in UEF’s denial of responsibility which allegedly caused Plaintiff harm… Vannatta. [Read more…]
60-month rule, doctor’s office failure to bill
60-month rule not implicated by doctor’s failure to bill for treatment. . . no penalty or fees as issue not squarely addressed previously. . . Sandler. [Read more…]
$250,000 settlement, pregnancy discrimination
SETTLEMENT: $250,000, pregnancy discrimination. [Read more…]
PTD/medical/domiciliary lump sum demand
WCA does not allow Court to grant lump-sum of medical/domiciliary benefits on demand of Petitioner… Petitioner may pursue lump sum of PTD if he can establish more than that insurer treated him “arbitrarily and unfairly”… Sandler. [Read more…]
Spoliation of video at festival, sanction, DUI crash
SPOLIATION: Sanction for spoliation of video at festival is to instruct that driver of vehicle had been served alcohol by employees resulting in DUI crash… Deschamps. [Read more…]