A blog by a retired Colorado attorney on legal news, views and tips on Colorado Workers Compensation and Social Security Disability. Written from the point of view of the injured or disabled worker.
Thursday, February 23, 2017
Colorado Supreme Court case----Youngquist
Decided February 2017 is the Youngquist case. This case was an appeal from the lower court and addressed the issue
of jurisdiction over a non Colorado business. The employer was a North Dakota business that hired a Colorado resident by phone and sent him a travel ticket. He was injured outside of Colorado but sought to use the Colorado workers compensation system. As a claimant he was successful at a hearing and at appeals until the last stop was the Colorado Supreme Court. That court decided that there was no jurisdiction over the employer so Colorado could not proceed on the claim. The key point in cases like this is the extent of contacts by the out of state business with Colorado. If deemed significant then Colorado would have the power to decide the entire claim. But fundamental fairness does require enough contact with the state for Colorado to exercise jurisdiction. In this case the court determined there was not much to connect Colorado to this employer. There was a phone call and the travel ticket was sent by email. There was no presence of anyone acting for the business in Colorado. There was no business being conducted in Colorado. Cases like this are decided on very specific facts but they do tell us that being a Colorado resident is not enough by itself for you to file a Colorado claim. Now most cases involve work being done in Colorado so the facts of this case are not common but it is important to realize that the Colorado Supreme Court does at times get involved in work injury cases.
"...this is the cause of my life, new hope that we will break the old gridlock and guarantee that every American -- north, south, east, west, young, old -- will have decent, quality health care as a fundamental right and not a privilege." Ted Kennedy Aug 26, 2008 (Update: June 28, 2012 the US Supreme Court upholds Obamacare)
Do We Pass the Test?
"It was once said that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadows of life, the sick, the needy and the handicapped."
I've been living in beautiful Colorado and practicing law for over 35 years. It's been a great place to raise a family. Originally from New York I settled here, married here and raised two daughters, Jenny and Mary. I practiced near downtown Colorado Springs but now consider myself "retired" so I am not taking any more legal matters, clients or cases but I appreciate being able to help as many clients as I could for so many years. Now I especially enjoy my retirement time with family including 4 special ones...a grandson, Max, twin granddaughters, Penny and Cici and last but not least grandson Eliot. You can contact me at my email address which is firstname.lastname@example.org.
In the past we offered free consultations in cases but we are not taking any more legal matters or cases as retirement calls. You can email us at email@example.com. We've been protecting injured workers for many years and truly went the distance for many people. We made a difference for most of them and stood up for right not might. If you need an attorney I suggest you find someone where you live who offers free consultations. Also I urge you to discuss your case with an attorney if at all possible. This field is technical and complex. I would even call it tricky so seek advice from an attorney. If that is not possible call the Colorado Division of Workers Compensation customer service section for helpful information.
The information in this blog is intended to represent my personal views and opinions. It is not intended to be specific or personal legal advice which should only be obtained by a consultation with an experienced attorney. All this blog provides is general information I consider important to me. It may be of interest to others but for any advice or advisory statements consult with an attorney not a blog.
Special Personal News on Cici, our grandaughter (September 2011)
Nearly 3 years ago our grandaughter Cici had a serious medical problem. Her survival was at risk and she was deprived of oxygen because of a tragic choking/swallowing problem. It is known as an anoxic brain injury. The recovery has been challenging and slow but some progress has been made. We are thankful to be part of her recovery. I remain truly grateful for the prayers and touching support provided by so many people to my daughter and the family. We are actively committed to Cici's recovery and to her loved one's for as long as it takes. You can follow this difficult but amazing journey on my daughter's and husband Matt's Blog. Where there is life there is hope. We've had tough times but we have also seen courage and love in action for her and also for others. For examples look below.