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

Permanent Impairment Ratings

Claimant: “Take my word for it — my back is really rigid, even though my examination is normal.” Panel: That’s good enough for a Table 53 rating. Panel holds that no objective evidence of rigidity is required for a Table 53 rating and assignment of impairment. Claimant sustained a compensable accident and alleged neck “tenderness” [...]

Permanent Impairment Ratings 2019-10-02T09:17:38+00:00

Great Things From The 1980’s: e.g. Pacman, Leg Warmers, MTV Actually Showed Music Videos. Not So Great – Medical Maintenance Benefits

Medical maintenance benefits can be terminated, even if from the 1980’s, where respondents prove no longer related to the injury. A claimant is entitled to seek medical maintenance benefits post maximum medical improvement (MMI) if he or she shows that future medical treatment will be “reasonably necessary to relieve the claimant from the effects of [...]

Great Things From The 1980’s: e.g. Pacman, Leg Warmers, MTV Actually Showed Music Videos. Not So Great – Medical Maintenance Benefits 2019-10-02T12:08:32+00:00

Wage Continuation Plans: Taking Credit Against The Cap

Court of Appeals holds an employer may take credit for wage continuation benefits paid under an occupational injury leave policy against the combined benefit cap. The Workers’ Compensation Act of Colorado (Act) expressly permits an employer to establish a plan that pays injured workers who are unable to work due to a temporarily disabling work [...]

Wage Continuation Plans: Taking Credit Against The Cap 2019-10-02T08:53:33+00:00

More Fun With Final Admissions – An Admission Deemed “Invalid” Can Be Challenged At Any Time

Claimant does not have to object to a final admission of liability (FAL) lacking required documentation as an invalid FAL does not close a claim. In Humphrey, claimant sought review of the Administrative Law Judge's (ALJ) order denying his motion to strike the respondents’ FAL. Claimant submitted the motion to strike due to the FAL’s [...]

More Fun With Final Admissions – An Admission Deemed “Invalid” Can Be Challenged At Any Time 2019-10-02T12:04:48+00:00

Claim Closure – When a Final Admission is in the Claimant’s Hand, Objecting and Applying for Hearing Better be the Claimant’s Plan

Even where the Final Admission of Liability (FAL) is mailed to the wrong address, once a tardy copy is provided to the claimant, objecting and applying for hearing has to be done within 30 days or the claim closes. In Dickens, claimant sought a review of a final order of the Panel of the Industrial [...]

Claim Closure – When a Final Admission is in the Claimant’s Hand, Objecting and Applying for Hearing Better be the Claimant’s Plan 2019-10-02T08:55:15+00:00

Employer’s First Report of Injury and Statute of Limitations

A claim for workers’ compensation must generally be filed within two years of the alleged injury. The limitation period commences when the claimant, as a reasonable person, should recognize the nature, seriousness, and probable compensable character of the injury. This two-year statute of limitations deadline may be extended for one additional year if the claimant [...]

Employer’s First Report of Injury and Statute of Limitations 2019-05-31T16:30:21+00:00

Bad Faith: Causation and Expert Testimony

To establish causation in a bad faith breach of an insurance contract, the plaintiff must prove the insurer acted unreasonably and the insured’s unreasonable conduct caused the plaintiff’s injury or damages. To do this, the plaintiff must show the defendant’s conduct “proximately caused” the claimed injury. Proximate cause is comprised of two components: causation in [...]

Bad Faith: Causation and Expert Testimony 2019-05-31T14:15:50+00:00