Temporary Disability Benefits: Make Sure to Terminate Such Benefits Properly

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, [...]

Temporary Disability Benefits: Make Sure to Terminate Such Benefits Properly 2021-02-26T14:08:15+00:00

Temporary Total Disability Benefits: Time off Work Must be Due to Effects of Work-Related Injury

In a claim successfully defended by this firm, the claimant appealed a denial of temporary total disability benefits (“TTD”) and penalties for failure to pay said payments. The Industrial Claim Appeals Office (the “Panel”) affirmed the ALJ’s decision. In Sullivan, the claimant was a delivery driver who had a long history of symptomatic pre-existing cervical [...]

Temporary Total Disability Benefits: Time off Work Must be Due to Effects of Work-Related Injury 2021-02-26T14:06:09+00:00

ALJ finding that a claimant did not overcome the Division IME (“DIME”) by clear and convincing evidence will be upheld so long as supported by substantial evidence.

In Corley, the claimant sustained an admitted injury to his lower back in 2015. The claimant’s authorized treating provider (“ATP”) placed him at maximum medical improvement (“MMI”) in January, 2016 and assigned a 7% whole person rating. Respondent employer filed a Final Admission of Liability based on the report. Claimant timely objected to the admission [...]

ALJ finding that a claimant did not overcome the Division IME (“DIME”) by clear and convincing evidence will be upheld so long as supported by substantial evidence. 2021-02-26T14:03:25+00:00

An award for supportive care is not a lifetime benefit and can be modified based on changes in medical conditions and recommendations of medical providers.

In Mest, the applicant injured his low back in 1982. The claim was closed in 1984 with admitted ongoing supportive medical care of leg braces, custom shoes, and four annual examinations per year. In February 2018, an amended notice of supportive care was filed changing the maintenance treatment to three office visits per year to [...]

An award for supportive care is not a lifetime benefit and can be modified based on changes in medical conditions and recommendations of medical providers. 2021-02-26T13:59:14+00:00

When considering a petition for rearrangement, the changes in physical condition and/or earning capacity are based on the current facts compared to the findings in the original award.

In Phoenix Union, the applicant sustained an admitted shoulder injury in 2012 when she fell while working as a custodian. In February 2013, the attending orthopedic surgeon, Dr. Lederman, opined the applicant was incapable of returning to her previous job. A loss of earning capacity recommendation in April 2013 opined the applicant was capable of [...]

When considering a petition for rearrangement, the changes in physical condition and/or earning capacity are based on the current facts compared to the findings in the original award. 2020-12-31T11:32:12+00:00

Proving that Medical Treatment is Necessary to Cure a Work Injury

In Foust, a hearing was held to determine whether Claimant had demonstrated that a left total shoulder replacement, as recommended by his surgeon, was reasonably medically necessary to cure and relieve his work injury.  Following hearing, the administrative law judge (“ALJ”) found the surgery necessary and ordered respondent pay for the replacement.  Respondent sought a [...]

Proving that Medical Treatment is Necessary to Cure a Work Injury 2020-12-30T11:41:05+00:00

Statutorily Mandated Security Payment Cannot be Withheld Pending Good Faith Appeals

In Stanfield, the administrative law judge (“ALJ”) issued an order that assessed penalties against Respondent for failure to deposit money with the Trustee of Colorado Division of Workers’ Compensation or post a bond in the same amount. In this case, Claimant’s injury was found compensable and Respondent was required to pay Claimant benefits and pay [...]

Statutorily Mandated Security Payment Cannot be Withheld Pending Good Faith Appeals 2020-12-30T11:33:37+00:00

Right to Select an Authorized Treating Physician

In Muramatsu, an administrative law judge (“ALJ”) ordered that Claimant be able to change his authorized treating physician (“ATP”) after he had already been treating elsewhere. Respondents sought review of this order with the Industrial Claim Appeals Office (“Panel”). Respondents argued that Claimant should not be able to change his ATP, because Claimant had been [...]

Right to Select an Authorized Treating Physician 2020-12-30T11:28:25+00:00

Mental Impairment Claims Prior to July 1, 2018 under C.R.S § 8-41-301

In Fremont, Claimant worked as a patrol sergeant, and was diagnosed with post-traumatic stress disorder (“PTSD”) following exposure to several disturbing and traumatic events in the course and scope of his work between 2008 and 2018.  Claimant went to hearing seeking benefits for this PTSD.  Following hearing, the administrative law judge (“ALJ”) found that the [...]

Mental Impairment Claims Prior to July 1, 2018 under C.R.S § 8-41-301 2020-12-30T11:22:09+00:00

A note from an LPN that fails to mention causation in relation to the applicant’s current condition is not sufficient evidence to support a reopening

In Hothan, Applicant worked as a guard at the Mohave County Jail. In 2009, Applicant was injured when an inmate slipped out of his shacks and used the shackles to beat applicant in the face and neck. Applicant sustained a mild head injury, broken noise, and contusions. Applicant did not miss any time for work [...]

A note from an LPN that fails to mention causation in relation to the applicant’s current condition is not sufficient evidence to support a reopening 2020-11-05T15:55:57+00:00