Utah – Morris v. Labor Comm’n

The petitioner was working as a respiratory therapist on August 19, 2017. The petitioner entered a patient’s room and found the patient standing over the bedside and swaying as if she was going to fall. The petitioner caught the patient and then immediately felt a sharp, pinching pain in her back. The petitioner was [...]

Utah – Morris v. Labor Comm’n 2021-12-30T09:13:06-07:00

Utah – Successful Subrogation Outcome

Our office successfully obtained a substantial subrogation recovery in a Federal Interpleader action filed in the State of Utah. A vehicle owned by the employer was struck by a third party. The third-party’s insurer interplead the policy limits with the Federal Court. There were several parties involved all claiming entitlement to the funds that [...]

Utah – Successful Subrogation Outcome 2021-12-20T08:17:57-07:00

Utah – Cross Appeal Dismissed

Defendants filed a Petition for Review with the Utah Court of Appeals (the Court) after the Commission ordered the defendants to pay temporary total disability (TTD) benefits for a time period in which the petitioner had already been paid. The petitioner filed a cross-appeal, seeking further TTD benefits. The cross-appeal was filed after the [...]

Utah – Cross Appeal Dismissed 2021-12-30T09:20:07-07:00

Utah – Untimely Reporting of Injury

The petitioner brought a claim against two former employers for workers’ compensation benefits related to chronic lung disease alleged to have occurred through exposure at work. In June of 2016 the petitioner was seen by a physician who noted in his history that the patient had been exposed at work to harmful chemicals. The [...]

Utah – Untimely Reporting of Injury 2021-12-20T08:11:17-07:00

Arizona – Claim Not Compensable

Jessica Grimes recently successfully litigated compensability of a claim in Arizona. The applicant, age 49, testified that she worked as a registered nurse for Defendant Employer for at least two shifts per month. On July 29, 2020, Applicant went to Red Mountain Weight Loss and she received Botox and fillers for her cheeks. She [...]

Arizona – Claim Not Compensable 2021-12-20T08:07:57-07:00

Colorado – Possible COVID-19 Exposure is Insufficient to Prove Occupational Disease

In a first impression case in Colorado, ALJ Kabler denied benefits in a death claim after finding that the decedent’s COVID-19 could not be fairly traced to his employment as the proximate cause of that diagnosis, even where another co-employee was confirmed to be COVID-19 positive in the same approximate time period. The evidence demonstrated that [...]

Colorado – Possible COVID-19 Exposure is Insufficient to Prove Occupational Disease 2021-12-20T08:04:50-07:00

Restricting Parenting Time

In cases where a court has already issued a valid court order regarding parenting time, either parent can file a motion to restrict the other parent’s contact with the child(ren) if there exist facts to support the position that the child is in imminent physical or emotional danger due to the current parenting time [...]

Restricting Parenting Time 2021-06-18T09:49:29-06:00

Responsibility for Termination – Substantial Evidence

Claimant appealed an order of the Administrative Law Judge (ALJ) that determined he was responsible for his termination and consequently was not entitled to temporary total disability (TTD) benefits.  Claimant argued that the ALJ failed to address Claimant’s “worsening condition” due to restrictions that were given by the Authorized Treating Physician (ATP) after his [...]

Responsibility for Termination – Substantial Evidence 2021-06-18T09:48:23-06:00

Partial Settlement Protects Against Future Causation Disputes

The claimant injured his left foot/ankle and low back in 2017, resulting in left ankle surgery and a CRPS diagnosis. After significant treatment, the claimant was placed at maximum medical improvement (MMI) and underwent a Division Independent Medical Examination (Division IME). The Division IME was unequivocal that the work injuries included left ankle/foot, low [...]

Partial Settlement Protects Against Future Causation Disputes 2021-04-21T07:40:07-06:00

Mileage must be submitted within 120 days unless good cause is shown. Recent retention of an attorney is not good cause.

Claimant was a restaurant employee who sustained an admitted ankle injury in February of 2020. General admissions of liability were filed on February 28, 2020 and July 21, 2020. Each of these admissions included the mandatory brochure which advised claimant that she may be entitled to mileage reimbursement and to contact the adjuster regarding [...]

Mileage must be submitted within 120 days unless good cause is shown. Recent retention of an attorney is not good cause. 2021-04-21T07:37:56-06:00