Compensability of Mental Impairment

Administrative Law Judge (ALJ) denied compensability of claimant’s claim and request for temporary disability and medical benefits. The Industrial Claims Appeals Office (the Panel) reversed the decision and remanded the case for the ALJ to consider issues involving medical benefits and timely reporting of an injury. In Montoya, claimant worked as a sheriff’s deputy until [...]

Compensability of Mental Impairment 2020-01-13T10:52:43+00:00

Petitions to Review

Administrative Law Judge (ALJ) granted respondent’s motion for summary judgment. The Industrial Claims Appeals Office (Panel) dismissed claimant’s petition to review as jurisdictionally untimely. Colorado law provides that a petition to review must be filed within 20 days after the date of the certificate of mailing of the order, and unless so filed, the order [...]

Petitions to Review 2020-01-13T10:45:04+00:00

Benefits – Recovery of Over-payments

In Peoples, the Court of Appeals was tasked with determining whether an employer’s listing of an over-payment on a final admission of liability (FAL) constitutes an attempt to recover the over-payment pursuant to C.R.S. § 8-42-113.5(1)(b.5)(I). The Court held that when a claimant’s temporary total and permanent partial disability benefits exceed the statutory benefit cap, [...]

Benefits – Recovery of Over-payments 2020-01-13T09:01:16+00:00

Appealing a Final Order

The Administrative Law Judge (ALJ) determined claimant was responsible for the cancellation fee charged by respondents’ expert witness after the hearing was vacated. In Pribble, the claimant sustained an admitted injury and was subsequently placed at maximum medical improvement (MMI) and given a zero percent impairment rating. Respondents then filed a final admission of liability [...]

Appealing a Final Order 2020-01-13T08:55:36+00:00

Compensability

It is well settled that to prove a compensable injury, claimant carries the burden to establish by a preponderance of the evidence that an injury arose out of and in the course of employment. An injury arises out of employment when it stems from an employee’s work related functions and is sufficiently related to those [...]

Compensability 2020-01-13T08:53:12+00:00

Petitions to Review

In Gonzalez-Miranda, a hearing was held to determine if claimant met his burden to prove he suffered a compensable occupational disease due to prolonged, repetitive use of his hands, wrists, and arms, and if so, what medical treatment was reasonable, necessary and related to the injury. Claimant worked as a hotel cook and claimed he [...]

Petitions to Review 2020-01-13T08:50:41+00:00

Motion to Close

Under Colorado law, the Director may dismiss a claim when there has been no activity for at least six months. Further where there is no activity in furtherance of a prosecution, a party may request a claim to be closed. Upon the request, the Director may issue an order to show cause as to why [...]

Motion to Close 2020-01-13T08:43:19+00:00

Safety Violation

Administrative Law Judge (ALJ) denies imposition of safety rule violation where supervisor’s testimony establishes that the policy was subject to different interpretations and evidence showed the policy was not consistently enforced. The claimant was working as an installation professional approximately 30 feet off the ground when he fell and suffered severe head injuries. Respondents admitted [...]

Safety Violation 2019-10-02T09:36:30+00:00

Quasi Course and Scope – Difference Between Respondent’s IME And Division IME When Claimant Injured During Travel To The Evaluation

Panel holds traveling to and from a respondents’ selected Independent Medical Examination (IME) is an implied part of the employment contract, and an injury sustained during the activity is compensable. Claimant alleged an initial injury to his neck and back while working an oil derrick. Respondents contested the claim and required claimant to attend an [...]

Quasi Course and Scope – Difference Between Respondent’s IME And Division IME When Claimant Injured During Travel To The Evaluation 2019-10-02T09:37:16+00:00

Workplace Assaults – Never Hide A Man’s Beer

Court of Appeals affirms decision that assault stemming from claimant hiding another employee’s beer was compensable where the beer was provided as a perk by the employer. Claimant was a dish washer who was assaulted by a co-employee after their shifts had ended at the restaurant where they worked. The employer allowed employees to have [...]

Workplace Assaults – Never Hide A Man’s Beer 2019-10-02T09:33:27+00:00