Compensability & Missed IME Appointments

In Fahler, Claimant was employed as a Field Technician. As such, the job required Claimant to maintain kiosks by stocking, repairing, and painting them. In May 2019, Claimant was tasked with installing new credit card readers on the kiosks, which included drilling and hardware installation. On June 10, 2019, Claimant installed readers and began to [...]

Compensability & Missed IME Appointments 2020-11-05T16:03:12+00:00

Hospital Billing and Collection Practices

In Keating, Claimant was injured in a workplace accident on July 22, 2017. Employer was found liable for the injury and subsequent workers’ compensation benefits in October 2018. However, Employer did not carry workers’ compensation insurance and failed to pay any temporary benefits or medical benefits owed to Claimant. Employer then filed a bankruptcy proceedings. [...]

Hospital Billing and Collection Practices 2020-11-05T16:03:04+00:00

Issue of Conflicting Evidence

In Tapia, Claimant worked maintenance for privately owned condominium units in a building owned by Employer. In June 2019, Claimant had taken a lunch break in his office when he thought he heard water running. Claimant entered the unit where he believed the water was running, and last remembered setting down his lunch dishes to [...]

Issue of Conflicting Evidence 2020-11-05T16:02:44+00:00

Special weight given to DIME’s “Findings and Determinations” does not include whether a scheduled injury should be converted to whole person impairment

In Morris, Claimant sustained a work-related injury when he slipped and fell on scaffolding in 2015. Almost a year later, Claimant reached maximum medical improvement (“MMI”) for that injury. The authorized treating provider found no permanent impairment. Claimant disagreed with this finding and requested evaluation by a Division Independent Medical Examiner (”DIME”). The DIME agreed [...]

Special weight given to DIME’s “Findings and Determinations” does not include whether a scheduled injury should be converted to whole person impairment 2020-11-05T16:10:14+00:00

What constitutes a personal deviation while on “Travel Status” and second sample required to claim reduction in benefits due to intoxication

In Skywest, Decedent lived in California while working as a pilot for SkyWest Airlines. In January and February 2018, Decedent was in Denver for flight training during which, he stayed in a hotel. One day, after completing a training test, Decedent and his coworker had a celebratory dinner with drinks. Decedent and coworker continued to [...]

What constitutes a personal deviation while on “Travel Status” and second sample required to claim reduction in benefits due to intoxication 2020-11-05T16:10:13+00:00

Defending Compensability and Statutory Bad Faith in AZ

Applicant allegedly sustained a low back injury on March 22, 2019 that was both unwitnessed and unreported timely to his employer. Applicant filed a Workers’ Report of Injury and the Industrial Commission of Arizona (“ICA”) issued a Notification of Worker’s Compensation Claim. Defendants did not receive these pleadings due to an internal filing error and [...]

Defending Compensability and Statutory Bad Faith in AZ 2020-11-05T16:20:59+00:00

The Petitioner’s claims were denied and dismissed with prejudice.

The Judge was not persuaded by the arguments raised in the objection to medical panel by Respondents.  Although the Judge determined the Petitioner had met medical causation the Judge stated that the Petitioner had failed to meet the higher standard of legal causation given his pre-existing conditions.  Ultimately the Petitioner appealed to the Board of [...]

The Petitioner’s claims were denied and dismissed with prejudice. 2020-07-08T09:03:47+00:00

Award – Excellence in Workers’ Compensation

Michelle L. Prince has been recognized for Excellence in Workers' Compensation Law for 2020 by Lawyers of Distinction. Click here to view her online profile.             From the December 2019 Newsletter 

Award – Excellence in Workers’ Compensation 2020-01-15T12:47:16+00:00

Award – 10 Best Female Attorney

Denise M. Minish has been recognized for 2 years as a 10 Best Female Attorney by the American Institute of Family Law Attorneys. Click here to view her online profile.                 From the December 2019 Newsletter 

Award – 10 Best Female Attorney 2020-01-13T09:57:00+00:00

Award – Best Workers Compensation Attorney

Pollart Miller LLC has been named Best Workers' Compensation Attorney in Aurora, Colorado for 2019 by Expertise.           From the December 2019 Newsletter 

Award – Best Workers Compensation Attorney 2020-01-13T10:26:33+00:00