Tuesday, January 30, 2007
Update on the Holnam case noted earlier
As I mentioned earlier in Holnam the claimant was unable to seek coverage for an alleged occupational disease based on the legal theory called claim preclusion. The case is a bit complicated but essentially having lost on a traumatic claim the effort was made to allege the condition was caused by occupational activities. The Court said you cannot come back and do this at another hearing. I believe this is not sound reasoning and by way of an update I understand this case is being sent to the Colorado Supreme Court. Of course it is up to the court as to whether it will rule on it but I remain hopeful. I should note further that appeals take a lot of time. It is sad but speedy outcomes are not part of workers compensation when there are appeals. In my view this works to the advantage of the insurers since they can wait it out as compared to claimants.