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Archive | December, 2012

Attorney’s Fees for Failing to Introduce Evidence at Hearing in Support of Endorsed Issue

Section 8-43-211 (2)(d) provides “if any person requests a hearing or files a notice to set a hearing on issues which are not ripe for adjudication at the time such request or filing is made, such person shall be assessed the reasonable attorney fees and costs of the opposing party in preparing for such hearing […]

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Administrative Law Judge Cannot Extend Time to Challenge Division IME Findings; Improper Communication in a Division IME not a Basis to Strike Report as a Matter of Law

The Industrial Claim Appeals Office recently held that an Administrative Law Judge does not have jurisdiction to extend the thirty-day time limit to file an Application for Hearing to challenge the findings of a Division IME as found in § 8-42-107.2(4). Almanza v. Johnson, W.C. No. 4-713-132 (December 7, 2012). In Almanza, the respondents became […]

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Bill Proposes Creating a Presumption that Heart Attack of a Firefighter Caused by Work

Posted by: Steven J. Picardi Date: December 6, 2012 The Workers’ Compensation Act of Colorado currently excludes disability or death caused by a heart attack from the definition of “accident”, “injury”, and “occupational disease”, unless it is shown by competent evidence that such heart attack was proximately caused by an “unusual exertion” arising out of […]

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Authorized Treating Physician’s Restrictions not Dispositive in Claim for Permanent Total Disability Benefits

Posted by: Steven J. Picardi, Esq. Date: December 3, 2012 Steve Picardi recently obtained a major victory for his self-insured client, obtaining an Order which denied the claimant’s request for permanent total disability benefits despite the opinion of the authorized treating physician that Claimant was limited to sedentary duty in a remote mountain town with […]

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