Permanent Total Disability

Jessica Grimes successfully defended a permanent total disability (PTD) claim involving a claimant who was a long term employee (27 years) and had sedentary to light restrictions after three lumbar surgeries. The Administrative Law Judge (ALJ) credited the testimony of respondents’ independent medical examination (IME) and vocational evaluator, especially after concessions of the claimant’s vocational [...]

Permanent Total Disability 2019-10-02T11:55:34+00:00

Compensability/Death Benefits

In a case involving death benefits related to asbestos exposure and mesothelioma, Amanda Branson relied on nationally respected experts in this highly complex area to successfully defend the claim before the Administrative Law Judge (ALJ). The dependent was alleging the decedent was exposed to asbestos while working for the employer, culminating in the decedent’s death. [...]

Compensability/Death Benefits 2019-10-02T11:58:00+00:00

Compensability

Eric Pollart and Paul Foltz successful overcame the opinion of the Division IME before the Administrative Law Judge (ALJ). The Division IME had issued a rating based on his opinion that the claimant’s diagnosis was simply “pain.” The ALJ ultimately credited respondent’s evidence that this is contrary to the provisions of the Colorado Workers’ Compensation [...]

Compensability 2019-10-02T11:59:30+00:00

Utah – Compensability: Importance of an IME

The petitioner brought a claim against the employer for alleged injuries to his neck and bilateral shoulders during the period of December 2015 to January 2016 due to repetitive activity under an accident theory. He alleged a second injury to his low back for a work incident that occurred on April 27, 2016. Respondent insurer [...]

Utah – Compensability: Importance of an IME 2019-05-31T14:06:06+00:00

Utah – Medical Benefits: Pain Does Not Mean a Causal Relationship

Claimant had previously litigated compensability of her injury, asserting that, she began to feel a pain in her right shoulder with a popping sensation halfway through her shift. Claimant underwent rotator cuff repair surgery and was released to full duty less than a year after her date of injury. It was ordered by an Administrative [...]

Utah – Medical Benefits: Pain Does Not Mean a Causal Relationship 2019-05-31T15:42:50+00:00

Colorado Compensability: Inconsistent Testimony Means Dismissal of Claim

In a claim recently successfully defended by Brad Miller and Hayleigh Lidbury, the Administrative Law judge (ALJ) denied and dismissed an alleged mid-back injury due to claimant’s inconsistent testimony as confirmed by prior-medical records. Claimant was working on a line at a factory when she went to reach for the next item and felt a [...]

Colorado Compensability: Inconsistent Testimony Means Dismissal of Claim 2019-05-31T14:03:20+00:00

Compensability – Pain at Work Not Sufficient to Establish Compensability

The Administrative Law Judge (ALJ) denied and dismissed claim where the mechanism of injury stated by the claimant was not injurious in nature. The claimant worked as an installation technician for the employer. The ALJ found the claimant’s testimony, that he felt pain in his knee when he stood up from a squatted position while [...]

Compensability – Pain at Work Not Sufficient to Establish Compensability 2019-05-31T13:59:36+00:00

Overcoming the DIME and Permanent Total Disability

Michelle Prince successfully defended a permanent total disability (PTD) claim of a 66 year old Spanish-speaker with alleged CRPS. Claimant was a janitorial worker who was injured when operating a floor scrubber. She received extensive treatment and a Division Independent Medical Examination (DIME) eventually assigned claimant a 24% whole person rating for CRPS. Respondents sought [...]

Overcoming the DIME and Permanent Total Disability 2019-04-01T11:05:33+00:00

Compensability – Knowing the Difference Between Incident and Injury

Jessica Grimes successful obtained a dismissal of claims for benefits by arguing that simply because a claimant sought medical care for an “incident” at work does not mean that the claimant had an “injury” under the Workers’ Compensation Act. The claimant alleged a cervical and low back injury occurring in September 2017 that involved an [...]

Compensability – Knowing the Difference Between Incident and Injury 2020-01-13T08:30:45+00:00

Compensability

In a claim defended by Brad Miller and Kendra Gartska, the Administrative Law Judge (ALJ) denied and dismissed alleged repetitive trauma claim due to varied histories of injury and lack of causation per the Medical Treatment Guidelines (MTG’s). The claimant worked as a customer service agent for a short period of time, most of which was [...]

Compensability 2019-04-01T10:57:21+00:00