Amendment of response to petition for trial to add 30-day notice defense granted… Shea. [Read more…]
Modified position acceptance
Petitioner failed to accept modified position, moved out of area thereby resigning position, did not requalify for TTD within time at issue… benefits not unreasonably terminated, [Read more…]
§39-71-710 rehab age limit constitutionality
§39-71-710 rehab age limit unconstitutional… Shea.
Harold Caldwell began receiving SSR in 1990 at 62. He was 77 and earning $25,000/yr as Ravalli Co. airport manager when he fell on [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…]
Work comp, domiciliary benefits, retroactivity/rate
WORK COMP: Claimant entitled to domiciliary benefits from doctor’s 2/07 letter, not from 1984 brain injury, severity insufficient to put insurer on constructive notice of need for domiciliary… Shea affirmed. [Read more…]
Settlement reopen
Settlement reopen denied… Shea.
Alan Distad suffered a blow to the face, neck, and shoulder in 9/04 by a piece of iron which caused him to lose consciousness for 2 minutes. He settled for $36,619 in 5/06, closing indemnity and rehab and reserving [Read more…]