Good cause to use additional earnings from before last 4 pay periods before injury per §123(3)(b) to calculate bus driver’s wages because co-worker’s affair with Assistant GM and owner’s condoning it created intolerable conditions that drove her to transfer positions and start part-time schedule and then co-worker and Asst. GM retaliated by giving her fewer hours… Claimant entitled to costs but not fees/penalty as calculation of wages under 123(3(a) was reasonable… Sandler. [Read more…]
Hours worked but not paid v. “actual wages”
Hours claimed worked but not paid not includable as “actual wages” for calculation of “average actual earnings” under §123(1)(b)… half of $40,000 settlement of backpay and sexual harassment claims for “alleged emotional distress damages” likewise not includable as “actual wages”… Sandler. [Read more…]
Shared mall parking lot, grocery’s worksite
Area of shared parking lot at mall was part of grocery’s worksite, baker’s injury while returning from break in car within course & scope… denial reasonable as issue was unsettled despite withdrawn 2006 WCC ruling… Sandler. [Read more…]
Motorcycle v. MVA
Uninsured employer failed to prove injuries were related to earlier motorcycle accident rather than work-related MVA… Sandler. [Read more…]
WCC jurisdiction, employer’s contest of UEF ruling
WCC has jurisdiction over employer’s contest of UEF determination to accept liability… Sandler. [Read more…]
Defense verdict, parking lot pothole slip/fall
VERDICT: Defense, slip & fall, parking lot pothole.
A Missoula jury found 12-0 that Shopko was not negligent in connection with a slip & fall by Paula Oertli. [Read more…]
Work comp, PPD ineligibility, incarceration
WORK COMP: Challenges to PPD ineligibility during incarceration properly rejected… Shea affirmed. [Read more…]
Mediation, hybrid OD/injury
OD claim must be mediated, Petitioner’s argument that injury claim includes notice of hybrid OD/injury insufficient to overcome mediation jurisdictional requisite… mediator’s report not admissible in WCC… Shea. [Read more…]
Uninsured employer, indemnification/contribution
No standing by uninsured employer to seek indemnification/contribution from 3rd-party insurer… Shea. [Read more…]
Aggravation claims against subsequent insurer
Claim against subsequent insurer of knee/back aggravations not proven… not subsequent insurer’s responsibility to accept [Read more…]