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Archive | September, 2013

An Administrative Law Judge May Deny a Penalty on the Merits for Failure to Plead Specific Grounds for Penalty

In Lovett v. Stroup Insurance Services, Inc., W. C. No. 4-808-092 (August 30, 2013), the Industrial Claim Appeals Office recently held that an Administrative Law Judge’s denial of a penalty for failure to plead the specific grounds for the penalty allegation in the merits was a denial of the penalty on the merits, rather than […]

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An Order Denying “Compensability” Only is Not an Appealable Order

In a decision that stretches the bounds of legal reasoning, the Industrial Claim Appeals Office recently issued an opinion holding an Administrative Law Judge’s order finding a claim not compensable did not deny the claimant a benefit. Abenth v. Northside Christian Church, W. C. No. 4-893-024 (September 12, 2013). The court recognized that the statute […]

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Workers’ Compensation Fraud (Part 1)

While fraud generally refers to the criminal act of intentionally deceiving some entity in order to further one’s personal financial gain, workers’ compensation fraud is specifically defined as the act of intentionally making false statements or representations to the Division of Workers’ Compensation in Colorado in order to secure payments or any type of benefit […]

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