WORK COMP: Legislature had rational basis for distinguishing between Class 1 and Class 2 or higher impairment claimants without actual wage loss, equal protection challenge properly rejected… Sandler affirmed. [Read more…]
Snowplow cab slam, later embolism death
Being slammed in snowplow cab when wing hit guardrail was primary cause of later pulmonary embolism and resulting death, widow entitled to death benefits… denial of liability was reasonable, no penalty or fees… Sandler. [Read more…]
§703(2) impairment classifications constitutionality
§703(2) impairment classifications constitutional… Sandler. [Read more…]
Work comp, same OD, same employer, 2 insurers
WORK COMP: Liability for recurrence of OD while working for same employer remains with initial insurer. . . Sandler reversed. [Read more…]
TTD/PTD claim barred by 2-year statute
TTD/PTD claim barred by 2-year statute… Sandler. [Read more…]
ARD, continued exposure to asbestos
Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Death benefit rate
Death benefit rate properly set at decedent’s actual wage ($79.71), not the “minimum” of 50% of the State’s AWW ($354)… Court declines to rule on contention that $79.71 is insufficient to uphold the quid pro quo, which would bar employer from relying on exclusivity in tort suit, or to increase rate to $354 to uphold the quid pro quo… Sandler. [Read more…]
Settlement rescission, mental capacity, influence
Petitioner failed to prove lack of mental capacity to understand pro se settlement petition or that MSF exerted undue influence, reopen/rescind denied… Sandler. [Read more…]
ARD claim, dismiss or indefinite abeyance
Motion by ARD Claimant to dismiss case or place in abeyance indefinitely denied… Sandler. [Read more…]
Work comp, PPD ineligibility, incarceration
WORK COMP: Challenges to PPD ineligibility during incarceration properly rejected… Shea affirmed. [Read more…]