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Archive | October, 2013

The Respondents May Bear the Burden of Proving Previously-Admitted Maintenance Medical Treatment No Longer Reasonable and Necessary

It long has been settled law that where the respondents file a final admission admitting for maintenance medical benefits, the respondents are not precluded from later contesting their liability for a particular treatment. Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo. App. 1997). Moreover, when the respondents contest liability for a particular medical […]

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An Order Denying an Attempt to Overcome a Division IME Physician’s Findings on MMI Only is not an Appealable Order

As documented in a previous post, the Industrial Claim Appeals Office again dismissed an appeal for lack of a final order where the Administrative Law Judge made found that the respondents failed to overcome the Division IME physician’s opinion on Maximum Medical Improvement but did not enter an order requiring the respondents to pay a […]

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DIME Physician’s Opinion on Causal Relationship May Have No Presumptive Weight in Hearing on Permanent Total Disability Benefits

It long has been settled law that the Division IME physician’s opinion concerning the cause of a particular component of a claimant’s overall impairment must be overcome by clear and convincing evidence. The Industrial Claim Appeals Office appears to have departed from that rule of law in a recent decision which stated that the determination […]

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Workers’ Compensation Fraud (Part 2)

As a continuation of Workers’ Compensation Fraud (Part 1), the following provides some further information regarding illegal workers’ compensation claims. While Part 1 of this blog provided a comprehensive definition of what constitutes workers’ compensation fraud, here in Part 2, we will focus on the criminal penalties for those who are charged with and convicted […]

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