EMT injured while running health fair obstacle course not within course of employment… Sandler. [Read more…]
Stipulation limiting election of coverage
Stipulation limiting election of coverage not violative of prohibition against waivers of rights, requirement that MSF insure any employer… Sandler. [Read more…]
OD filing time, pain meds v. taken off work
Petitioner knew/should have known she had OD on day her doctor took her off work and referred her to a specialist, not earlier when she was taking pain meds… decision on remand from reversal of prior finding of untimely claim… Shea. [Read more…]
Prerelease resident, casual employee of home owner
Prerelease resident was direct employee of roofing contractors, not statutory employee of prerelease, at most only casual employee of house owner who was not in rental business… UEF liable for comp, with right to indemnification from defaulted roofing contractors… Shea. [Read more…]
Work comp, OD filing timeliness
WORK COMP: Fact issue as to when Claimant who had been taking pain meds for years knew or should have known she had OD vis-à-vis 1-year filing time preclude summary judgment for insurer… Shea reversed. [Read more…]
Corporate officer notice, equitable estoppel
MSF equitably estopped from using 603(2) corporate officer notice to avoid indemnifying Hartford for benefits it paid under 407(5)… summary judgment against element 3 of estoppel reconsidered, all 6 elements satisfied… Shea. [Read more…]
OD statute of limitations
Claimant should have known she had OD when she began using prescription pain medication for “repetitive motion” condition, claim untimely… Shea. [Read more…]
Insurer at risk, non-party Claimant, estoppel
Claimant was injured while MSF was insurer at risk, but defense cannot be raised in this insurer v. insurer case because Claimant is not a party… Hartford not liable, but did not prove that MSF should be equitably [Read more…]
Actual notice of injury
Employer had actual notice of back injury from lifting boat motor within 30 days despite no claim filed until after 30 [Read more…]
CO from restaurant water heater
Small amount of CO from water heater at restaurant not linked to symptoms… Shea. [Read more…]