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.