Worker's Compensation (6)
Fri, 12/12/2008 - 00:46 — NHCaseLaw.com
BRODERICK, C.J. The petitioner, Roderick Jenks, appeals a decision of the New Hampshire Compensation Appeals Board (CAB) denying him recovery under the Workers’ Compensation Law. See RSA 281-A:2 (1999 & Supp. 2008). The CAB ruled that Jenks was not an employee of the respondent, New Hampshire International Speedway (NHIS), at the time of his injury, and thus not entitled to benefits under the statute. We affirm.
Fri, 09/12/2008 - 14:08 — NHCaseLaw.com
HICKS, J. The appellant, Fire Casualty Insurance Co. of CT (carrier), insurance carrier for the White Mountain School District (district), appeals the decision of the New Hampshire Compensation Appeals Board (board) ruling that it must pay certain medical bills of the claimant, Lewis Mello. We reverse and remand.
Thu, 06/05/2008 - 23:25 — DLG
The petitioner, Acadia Insurance Company ("Acadia"), has filed a petition for declaratory judgment requesting that the court declare its obligations pursuant to insurance policies issued to the defendant, Four Star Flooring, Inc. ("Four Star"), void. Acadia seeks to avoid its insurance obligations due to the alleged fraudulent conduct of defendants, John Kallelis ("Kallelis") and Theresa Nenni ("Nenni"), formerly known as Theresa Kallelis, in filing claims for workers' compensation and underinsured motorist benefits. Nenni has filed three motions to dismiss the equity petition, all to which Acadia has objected. Upon consideration of the parties' pleadings, and for the reasons set forth herein, the court finds and rules as follows.
Thu, 05/29/2008 - 20:17 — DLG
The plaintiff, Donald J. Dow, Jr., brought this suit against the defendant, New Hampshire Electric Cooperative, Inc. ("NHEC"), seeking compensation for injuries he suffered when he was electrocuted during the course of his work on June 28, 20041 The plaintiff alleges that the defendant negligently hired its subcontractor, the plaintiff's employer Hayward Price Construction ("Hayward"). The defendant moves for third party joinder of Hayward, which it asserts is necessary for a just adjudication. Because the court finds that joinder is an appropriate mechanism for determining the rights and responsibilities of the parties, the motion is GRANTED.
Fri, 05/16/2008 - 00:54 — NHCaseLaw.com
BRODERICK, C.J. This case comes before us on interlocutory appeal from a ruling by the Superior Court (Mohl, J.), see Sup. Ct. R. 8, declining to dismiss negligence and wrongful death actions filed by the plaintiff, Michelle Alonzi, as administratrix of the estate of Glenn Hopkins, against defendant Northeast Generation Services Company (NGS). Because we overrule Park v. Rockwell International Corp., 121 N.H. 894 (1981), the touchstone case relied upon by the trial court, and uphold the constitutionality of the challenged death benefit provision of the Workers’ Compensation Law, see RSA 281-A:26, IV (1999), we reverse and remand.
Mon, 02/25/2008 - 14:59 — DLG
On August 12, 1998, Carrie L. Morse (“Plaintiff”) slipped and fell at the Food Court of the Steeplegate Mall in Concord, New Hampshire while in the course and scope of her employment. As a result of this accident, the Plaintiff filed a workers’ compensation claim with her employer’s workers’ compensation insurer, Royal & SunAlliance (“Royal”), who paid indemnity and medical benefits to the Plaintiff totaling $26, 543.66. The Plaintiff also filed a negligence lawsuit against certain Defendants, including Interstate Cleaning Corporation (“ICC”), the company allegedly responsible for maintaining and cleaning the floor at the Steeplegate Mall Food Court.