VERDICT: Defense ($2,000 damages but 60% contributory), bicycle/auto collision in Grizzly Triathlon , fractured elbow… insurer’s admission of liability not binding on Defendant. [Read more…]
Discovery, attendance by corporate execs
DISCOVERY: Fees/expenses to be awarded if parties unable to resolve dispute before hearing… corporate officers ordered to appear at hearing on motion to compel to observe whether motion is reasonable… Molloy. [Read more…]
Attorney-client, work product, comp bad faith
ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
$750,000 verdict, med-mal, wrong level surgeries
VERDICT: $750,000, medical malpractice, infection/ CSF leak/nerve scarring following wrong level lumbar surgeries, [Read more…]
Work comp, $3,000 non-dependent parent payment
WORK COMP: $3,000 statutory death payment to non-dependent parent constitutional over exclusivity/quid pro quo challenges… [Read more…]
CO from restaurant water heater
Small amount of CO from water heater at restaurant not linked to symptoms… Shea. [Read more…]
MMI
Petitioner not at MMI, not PTD… Shea.
Anthony Hale, 25, hurt his leg & ankle while loading boxes onto a truck in 1/06. Liberty accepted liability. He had ongoing pain and [Read more…]
Comp exclusivity, forklift death
COMP EXCLUSIVITY: Forklift death claims against employer barred by exclusivity, constitutional challenge rejected… Stadler. [Read more…]
Weekly wage calculation, regular time v. overtime
Weekly wage properly calculated using regular-time rather than overtime rate… ambiguous §39-71-123(1)(a) construed in light of rejection of amendment… Shea. [Read more…]