In Aspen, the ALJ denied the claimant’s workers’ compensation claim because the injury occurred while she was traveling to work and not during the course and scope of her employment. The Industrial Claim Appeals Office (the Panel) reversed the ALJ’s finding and found that claimant was in travel status at time of her injury. The [...]
The claimant appealed a final order of the Industrial Claim Appeals Office (the Panel) which upheld the ALJ’s finding that Claimant was not entitled to reopen his workers’ compensation settlement based on fraud or a mutual mistake of fact. After a lengthy procedural history, Claimant settled his workers’ compensation claim in 2019. Two years later [...]
In Del Valle, the Colorado Court of Appeals (the Court) ultimately held that the workers’ compensation exclusion in an automobile policy is valid, enforceable, and does not violate public policy. Claimant filed a complaint in district court stating that he was injured in an accident while in the course and scope of his employment. He [...]
The claimant appealed a final order of Industrial Claim Appeals Office (the Panel) affirming the ALJ’s denial and dismissal of his workers’ compensation claim. Claimant alleged a work injury in which he claimed a tree limb fell on him. Conflicting evidence regarding the alleged mechanism of injury conflicted with the claimant’s account that the tree [...]
Pollart Miller LLC 5700 South Quebec Street Suite 200 Greenwood Village, CO 80111 Phone: 720-488-9586 Fax: 720 488-9587 Contact Us PRACTICE AREAS Criminal Defense Workers' Compensation Civil Litigation EDUCATION B.A. in Political Science and a minor in United States History: Houghton College, 2016 Juris Doctor, Loyola University New Orleans [...]
The Division has also been busy conducting hearings on proposed Rule amendments. A couple highlights to be aware of: Rule 5-1(D): This codifies many of the emergency procedures used for filing during COVID, requiring electronic submission of admissions and other filings. Rule 5-5: In cases of FALs set to admit to no impairment assigned [...]
HB21-1050, Workers’ Compensation, continues to press forward towards the Governor’s desk as it passed through the Legislature. This bill, which aims to make sweeping changes to the Workers’ Compensation Act, will include such amendments as reducing the benefit cap of TTD/TPD/PPD under 8-42-107.5, C.R.S. (reducing to 19% from 25%), clarifying the 24-Month Division IME [...]
The Colorado Supreme Court has held that an alleged at fault third party, who settles a Workers’ Compensation Subrogation lien or claim, under C.R.S. § 8-41-203, extinguishes the injured employee’s claim entirely for past medical expenses that were paid for under the Workers’ Compensation Act. This holding will create a significant incentive for at-fault [...]
We are now over a month into the 2021 session and it appears much has returned to closer to normal, at least at the Capitol. A number of bills have been introduced that effect the administration of workers’ compensation claims. HB21-1050 was introduced to making sweeping changes to the Workers’ Compensation Act. The main [...]
In Venagas, the claimant worked for the employer as a roofer. On January 17, 2018, the claimant was placing material on a steep roof. The rope securing him to the roof broke and he fell 30 feet to the ground. The claimant sustained injuries to his head, his right shoulder, his pelvis, his right [...]
