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Monthly Archives: May 2010

Workers’ Comp – Res Judicata – Collateral Estoppel – Leg Injury (access required)

A claimant who first applied for permanent partial disability benefits for injury to his left knee and left ankle from a work-related auto accident is not barred by res judicata or collateral estoppel from seeking a second award for permanent ...

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Domestic Relations – PSA – Marital Residence – Net Sale Proceeds (access required)

A divorce court erroneously construed a couple’s property settlement agreement to relieve wife of her obligation to pay husband the amount specified in the agreement if the net proceeds from sale of the marital residence were insufficient to provide that ...

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Domestic Relations – Equitable Distribution – Spouses’ Age & Health (access required)

Although the divorce court considered the parties’ “relative ages and physical and mental condition,” including the 75-year-old husband’s Parkinson’s disease and life in an assisted living facility, and the 50-year-old wife’s federal employment, the court did made clear it was ...

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Administrative – Medicaid Reimbursement – Nursing Homes (access required)

The Court of Appeals reverses a circuit court order upholding the Department of Medical Assistance Services’ denial of four Avante nursing homes’ claims for additional reimbursement of costs for respiratory therapy services rendered to Medicaid-eligible patients over a two-year period; ...

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Domestic Relations – Discovery Sanctions – Equitable Distribution (access required)

A trial court did not err in sanctioning wife for failure to comply with discovery orders by limiting the evidence she could present at trial, and the resulting decision denying spousal support to wife an granting husband 65 percent of ...

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