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Opinion Digests

Workers' Comp – Medical Services Payment – Physician's Billing Code (access required)

A deputy commissioner erred in awarding a physician full medical payments after finding that the physician had “upcoded,” i.e. billed for services using a medical code that reflected a more complex patient history, more severe medical problem, more lengthy and ...

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Search & Seizure – Investigative Stop – Train-Station Detention (access required)

A woman’s refusal to allow a search of a duffel bag, after she had consented to a search of her handbag and her person when she was detained at a train station, cannot be considered in determining whether there was ...

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Administrative – Black Lung Benefits – Presumptive Proof Employer's Rebuttal (access required)

A retired miner who spent 27 years working in coal mines has established his presumptive entitlement to black lung benefits under federal regulations, and the employer’s medical evidence has failed to rebut that presumption. A retired coal miner petitions for ...

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Bankruptcy – Divorce – Attorney's Fees – Ch. 7 Discharge (access required)

A husband cannot discharge in a chapter 7 proceeding sums he was ordered to pay by a divorce court, $5,500 for wife’s attorney’s fees and a $4,000 commissioner’s fee. The Bankruptcy Court undertook to weigh the circumstances surrounding the assignment ...

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Criminal – Jury Instruction – Elements Of Crime – Credit Union Robbery – Harmless Error Standard (access required)

A defendant’s convictions on charges of armed robbery of a credit union and use of a firearm are reversed because the District Court erred in conclusively instructing the jury that the institution was a “credit union” within the statute, 18 ...

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Corporate (access required)

Condo Conversion Plan- Interested Transaction Defendant directors who voted for the coop apartment building to convert to condominiums did not participate in an “interested transaction” under Delaware corporation law, and the defendants’ valuation of the non-participating share at the “coop” ...

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Property – Taking – Fifth Amendment – Cash Proffers For Rezoning Applications (access required)

A county’s “cash proffer policy” that requires developers to pay cash in exchange for favorable action on residential rezoning applications is not facially unconstitutional as a taking without just compensation in violation of the Fifth Amendment to the U.S. Constitution. ...

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