Petitioner claiming OD in employment as a comp adjuster for Sedgwick entitled to Sedgwick’s entire file because documents in Intermountain’s file suggest that Sedgwick is actively involved in adjusting the claim from Kentucky and supervising & directing Intermountain’s Montana adjusters and acting as more than mere “payment clerk”… if the Intermountain adjusters disclosed communications from Hartford’s attorney to Sedgwick, attorney-client and work-product privileges have been waived… Sandler. [Read more…]
Social Security Windfall Elimination, uniformed services
SOCIAL SECURITY: SSA’s interpretation of ambiguous uniformed-services exception to Windfall Elimination Provision given deference as applied to reduce MANG dual-status technician’s SS retirement benefits… Johnston affirmed. [Read more…]
Smoking shelters, abatement, “class of one”
SMOKING SHELTERS: Abatement action against bar’s shelter not violative of Clean Indoor Air Act or DPHHS regulations, summary judgment improperly granted to bar and denied to Health Board, but bar’s selective enforcement “class of one” equal protection claim asserts sufficient facts for jury consideration, improperly dismissed… Olson reversed. [Read more…]
Comp exclusivity, MIGA employer reimbursement
COMP EXCLUSIVITY: Employer not required to reimburse MIGA for claims paid on behalf of insolvent comp insurer… Seeley affirmed. [Read more…]
Unemployment Insurance, fired employee
Unemployment Insurance: Fired employee unqualified for benefits… UI Appeals Board reversed… Christopher. [Read more…]
Work comp, MIGA recovery authority
WORK COMP: No authority by MIGA to recover from employer payments to employee on behalf of insolvent insurer… no need to harmonize statutory conflicts because of unique nature of comp… Seeley. [Read more…]
Defense verdict, motorcycle/semi tire
VERDICT: Defense, motorcycle/semi tire collision, loss of left foot, major trauma to chest/upper extremities, internal injuries, memory loss, ileostomy. [Read more…]
$126,000 verdict, cafe icy stairs slip & fall
VERDICT: $126,000, cafe icy stairs slip & fall, summary judgment liability, arm/hip/tailbone. [Read more…]
Major contributing cause
Janitorial work not major contributing cause of condition… Shea. [Read more…]
Discovery
Insurer who claims delay in answering interrogatories due to change of adjusting companies ordered to supplement answers to 4 interrogatories within 10 days… request for information as to complaints in unrelated claims in attempt to build fee/penalty case irrelevant to instant claim, [Read more…]