Colorado – Injury During Voluntary Physical for Insurance Benefits is Not Compensable

The claimant was offered benefits through his employment including medical, dental, vision, basic life insurance, supplemental life insurance, and long term disability benefits. These benefits were voluntary and could be waived by the employees. The claimant selected several benefits provided by his employer including supplemental life insurance and long term disability benefits. The insurance [...]

Colorado – Injury During Voluntary Physical for Insurance Benefits is Not Compensable 2022-11-07T13:58:53-07:00

Colorado – Diabetic Foot Ulcer is Found to Not Be Work-related

The claimant was a groundskeeper for a golf course and part of his duties involved cleaning drains for grass and weeds. When cleaning the drains, the claimant alleged that his feet would become wet. The claimant developed a diabetic foot ulcer, which led to a gangrene infection and several amputations of the foot. The [...]

Colorado – Diabetic Foot Ulcer is Found to Not Be Work-related 2022-11-07T13:40:10-07:00

Colorado – Benefits Obtained Through Fraud Are Ordered To Be Repaid

The claimant sustained a work related injury to his neck and back. The respondents admitted liability and filed a General Admission of Liability admitting to temporary total disability benefits (TTD benefits). The claimant reported to his authorized treating provider (ATP) that he could not work, and based on this representation, the ATP restricted the [...]

Colorado – Benefits Obtained Through Fraud Are Ordered To Be Repaid 2022-11-07T12:18:24-07:00

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