Proposed changes to W.C.R.P. 5, 6, and 7 have been introduced and will be heard at a rule hearing on March 15, 2021. The main red-lined changes recognize filing issues, for example the difficulty in obtaining a M-164, narrative, and worksheet for filing a Final Admission or the streamlining the reopening process by removing the [...]
On January 1, 2021, the revamped WCRP 16 and 18 became effective. The central changes to Rule 16 are clarifications of the pre-authorization process: Under the new Rule, again effective January 1, 2021, respondents shall have 10 days (rather than the prior seven business days) to review a request for pre-authorization. The other main change [...]
The 2021 Colorado Legislative Session technically convened (“gaveled in”) on January 13, 2021. However, the current plan is to return in full on February 16, 2021. A few minor and procedural bills have already been introduced, mainly those to allow the session to commence remotely. A handful of pandemic response bills were passed in a [...]
An individual may be found to be temporary totally disabled based on statements of extreme pain interfering with work activities even if a physician has not placed a Petitioner on any restrictions.
In Velasco, the petitioner injured his index finger while doing restoration, carpet cleaning, and emergency flood work. The petitioner underwent surgery and was restricted to light-duty work. On October 12, 2018, the petitioner’s treating physician, Dr. Burrows, notified him that he could not treat him further because his bills had not been paid. Earlier, Dr. [...]
The activity of lifting less than 50 pounds while turning one’s neck is considered unusual and extraordinary when doing so in a hurry and facing exigent circumstances.
In Watson, the petitioner was employed as a nurse and was caring for a severely disabled child that had a tracheotomy, resulting in a hole in the child’s neck to facilitate breathing. When the petitioner arrived to care for the child, the child was covered in diarrhea from head to toe. Knowing that if the [...]
Respondents are not directing medical care or treatment by setting demand appointments with the authorized treating provider.
In Fitzsimmons, the authorized treating provider (“ATP”) had determined that the claimant was at MMI; however, the ATP did not provide an impairment rating. Respondents set several demand appointments and there was evidence that the claimant was properly notified of each appointment. After claimant failed to attend the demand appointments twice, Respondents filed a motion [...]
In Flores, the ALJ ordered that the average weekly wage (“AWW”) calculation for the claimant include a fringe benefit. Here, the ALJ included the value the claimant derived from boarding his multiple horses with his employer. Respondents sought review of this order with the Industrial Claim Appeals Office (the “Panel”). Respondents argued that the claimant’s [...]
In Essary, the claimant worked as a Senior Network Engineer, and his duties included working with client to resolve various technical issues. The claimant’s typical schedule was 6:00am to 2:00pm. However, the claimant was “on-call” during all other hours he was not working his typical schedule. The claimant typically received a call five to ten [...]
The Industrial Claim Appeals Office (the “Panel”) issued a decision affirming Respondents’ obligation to continue paying workers’ compensation benefits to Claimant without an offset from money received from a third party settlement. In Teti, the claimant had been involved in work-related motor vehicle rollover accident resulting in severe injuries in June 1989. The claimant at [...]
Once Respondents admit to an open period of temporary total disability (“TTD”) benefits, Respondents must ensure such benefits are properly terminated upon a statutory triggering event, such as return to modified or regular employment, physician release to return to modified or regular employment, or placement at maximum medical improvement. See C.R.S. § 8-42-105(3). In Aguilera, [...]