Friday, September 02, 2016
As we have previously indicated the Brown Bag seminar has been held once a month and it is designed to review new cases. Those cases may be court cases or appeals from the original workers comp hearing which goes to the Industrial Claim Appeals Panel (ICAP). In August 2016 we had another review. The August case decisions can be read and are available for all interested people. Additionally thehere. In this latest month I read several interesting cases but I point out two in this post. Hutchison is an ICAP case which is a very unfortunate situation. The claimant was only able to cover one-third of his medical expenses for a surgery. He had pre-existing causal factors such that only one-third of his work aggravation came from work activities. My view is that his need for surgery came from the aggravation from his work activities so it should have been fully covered but the case reminds us that apportionment can occur in workers compensation. Read the case for the analysis of ICAP. The other case is the Hoff case which was a court of appeals decision. You can read the case and see that the Colorado Supreme Court reversed the earlier decision by the Court of Appeals. The facts relate to a cancelled workers comp insurance policy so it is not a common circumstance but it does let us know that the appeal of a workers comp decision at hearing can sometimes reach the Supreme Court.
Thursday, August 18, 2016
In June the Division issued another newsletter and it is quite significant. The June newsletter contains quite a bit of information on the latest legislation concerning
Monday, May 02, 2016
As usually happens there was a Brown Bag lunch seminar presented by Judge Eley. The presentation is in a Part 1 and a Part 2. The reading material which consists of the actual cases for March 2016 is. available here. These materials include the recent published case of Youngquist which concerned an out of state company being held to the Colorado Workers Compensation law of Colorado. The employer Youngquist said it was not subject to Colorado law because it conducts no business in the state. However it was determined that the claimant was hired in Colorado and by statute if injured within 6 months of leaving Colorado then Colorado has jurisdiction over the claim. In the case the claimant was injured within days of starting his job. There was a denial in the state where the claimant was injured so he filed in Colorado and had a hearing where it was determined to be compensable. The defense was the claimant had a preexisting condition but claimant asserted it worsened with the injury and Colorado agreed. Then a 50% penalty was imposed because the employer had no Colorado insurance. The employer appealed and asserted a denial of due process but the court upheld the hearing judge. This included the 50% penalty which is mandatory by law.
Saturday, April 23, 2016
From time to time the Division issues a newsletter. The latest newsletter is issue number 44 and once again it seeks to bring us up to date. It alerts us to a new prehearing judge, John Steninger. It also discusses certain medical feesarchives of such newsletters for your perusal. It is quite nice to give us a heads up about matters of importance to many of us.
Monday, February 22, 2016
In January 2016 the Colorado Court of Appeals decided the Keel case. The case involved someone from out of state coming into Colorado to work. He died in an
Wednesday, December 02, 2015
On November 19th there was another Brown Bag seminar by Prehearing Judge Eley that covered the recent notable cases. While there are no published cases from the appeals courts there were cases at the lower levels which we call ICAP (Industrial Claim Appeals Panel). These cases are the next level up after a hearing decision. They tell us what cases are being appealed. You are urged to listen toBrown Bag seminar for November 2015.
Saturday, October 03, 2015
In September the Division issued another newsletter. Bravo! I certainly enjoy these newsletters and they provide quite a bit of information.This latest newsletter has a great article about Pat Clisham another judge. It is really nice tolatest newsletter?
Wednesday, September 16, 2015
I have noticed that the Colorado Springs hearing offices have changed to a new location. I no longer practice given I am retired but while checking the website I now see the change of location. The previous offices are not that far from the new location but I always felt the old location was a bit cramped. Finding a place to sit down with a claimant to review before a hearing was sometimes difficult. If there were several witnesses it became quite cumbersome. Hopefully the new location is more convenient and spacious. A number of years ago the workers comp hearings were held at the local courthouse. The courthouse needed that space to expand its services and the state then sought space elsewhere. I recall having hearings behind a library in a schoolroom. The last offices were an improvement but I suspect the new location is even better.
Saturday, August 08, 2015
The Division has just published a new newsletter for August 2015. Usually these newsletters are very helpful in providing insight into the Division and giving you a heads up on various legal matters. This month the focus is on Prehearing conference Judge Craig Eley. For my cases and myself Judge Eley has been great. He doesnewsletter and it's enjoyable to read about this popular and capable judge. At present he is working part time at the Division. I for one certainly hope he continues on for many years to come. By the way in the story Judge Eley tells us about one hobby he has, that of beekeeping. By day he deals with attorneys but goes home to relax with 60000 venomous insects. Also the newsletter alerts us to other things. There is a link to the latest laws and it provides a link to a guide for adjusters. You never know what these newsletters contain but they are always an interesting and even light hearted read. August 2015 gives us another excellent article and information.
Wednesday, July 29, 2015
It is not often that a initial workers comp hearing decision makes the papers but this one did. It is not an appeals court case but the article indicates it will not be appealed. The case involved a deceased oil worker. It appears he was tank gauging or opening a tank toclicking here. It reports the widow will receive $530 a week for life. It is clear that the claimants attorney did a very good job. It also sets the stage for others to make claims and it may also lead to increased safety efforts. Bravo!
Monday, July 27, 2015
It should come as no surprise that a claimant has to be concerned about social media. An injured worker will usually have restrictions and limitations. The other side will often conduct an investigation. They may follow you and video your activities. It is most common to follow you when you shop or go meet your friends. Then their vocational expert or
Tuesday, June 16, 2015
Yesterday the Colorado Supreme Court ruled in the Coats case. In that case a disabled employee for the Dish Network was terminated under its no tolerance drug policy. The worker was productive but required medically prescribed marijuana. Coats is the law.
Sunday, May 24, 2015
Once again there is another Memorial Day. With each year it seems to gain importance from my perspective and that of many others. On this day we honor those who have served no matter what the year or by what measure. We truly
Sunday, April 26, 2015
Once again a volunteer fireman case reached the Court of Appeals. In the Smith case a volunteer fireman was injured on the way to a fire chiefs meeting. His claim was upheld but contested by Teller County and this led to an appeal. The contest was based on a number of
Wednesday, March 25, 2015
A recent court case was issued on March 12, 2015. In Kilpatrick the claimant sought to reopen a closed case based on new evidence. As part of his efforts claimant sought discovery of the insurers financial records of monetary gifts to any