A must read for anyone arguing non-earner benefit entitlement before the LAT Date Case Heard: Written Hearing: May 15, 2017 | Full Decision [PDF] This is a recent non-earner benefit eligibility case from the LAT.  It provides a helpful guide on how to argue a non-earner benefit case before the LAT. At the outset, the adjudicator addressed a number of preliminary procedural issues.  It allowed …

The Minor Injury Guideline is Found Unconstitutional

An Insurer Does Not Have a Good Faith Duty to Advise Insured of a Limitation Period

This was a motorcycle vs. recycling truck collision where the parties agreed that the Plaintiff motorcyclist’s damages were $8 million. The Plaintiff appealed the jury’s verdict that he was 100% liable for the collision. 

The Arbitrator determined that the Applicant’s post-denial treatment history was a key consideration in determining that the treatment plan was reasonable and necessary.

A recent decision from the LAT has given claimant’s counsel some direction regarding the procedure for appointing a litigation guardian for an incompetent applicant.