Menu

Contact Us

Have a legal question? Send us an email today!

  • captcha
Archive | 2015

ICAO Sets Aside Permanent Total Disability Benefits Award for Failure to Endorse Issue at Time of Hearing on Permanent Partial Disability Benefits

In a claim handled by this attorney, the Industrial Claims Appeals Office recently set aside the Administrative Law Judge’s award of Permanent Total Disability benefits because the claimant failed to litigate the issue at the time the parties litigated the issue of Permanent Partial Disability benefits. Weibel v. The Kroger Company, W. C. No. 4-878-425-06 […]

Read full story Comments are closed

New Address for Office of Administrative Courts and Hearings in Colorado Springs

The Office of Administrative Courts has announced that it will be moving to a new location beginning August 1, 2015. The new address for will be 2864 S. Circle Drive, Suite 810, Colorado Springs, CO 80906. Hearings temporarily will be held on the 10th floor until construction of the courtrooms has been completed.

Read full story Comments are closed

Court of Appeals upholds Administrative Law Judge’s application of “Significant Causative Factor” Test to Deny Permanent Total Disability Benefits to a Worker Without Prior Permanent Restrictions

In a prior post I analyzed an Order of an Administrative Law Judge which denied Permanent Total Disability benefits to an injured worker because the Administrative Law Judge found the injury was not a significant causative factor to her overall disability and inability to earn wages even though the claimant did not have any prior work […]

Read full story Comments are closed

Today OSHA Celebrates National Young Worker Safety Day

Today, regulators and safety advocates across the U.S. are celebrating National Young Worker Safety Day to help educate younger workers, informing them that they have the same rights as any other worker. While OSHA and other agencies are hoping to teach young workers how to stand up  for their rights, safety advocates are focused on […]

Read full story Comments are closed

New OSHA Alliance Intended to Protect Safety & Health of Transgender Workers

Officials at the Occupational Safety & Health Administration (OSHA) have recently formed a new alliance with the National Center for Transgender Equality (NCTE) in an effort to “foster safer and more healthful American workplaces.” According to the press release, this new alliance will exist for two years, focusing over this time on: Providing opportunities for […]

Read full story Comments are closed

Division of Workers’ Compensation Electronic Filing Moved to New Web Address

Effective immediately, the Division of Workers’ Compensation electronic filing (EDI) has moved to a new web address: https://wwws.coworkforce.com/ColoWC2/. You should change your bookmarks accordingly. When you navigate to the new website, you will need to change your password. All passwords must be 8 characters in length, contain at least one (1) letter and one (1) number […]

Read full story Comments are closed

Today, Workers’ Memorial Day Honors Deceased Workers

American laborers form the backbone of our economy — but our economic growth should never come at the cost of their safety or well-being. Those who work every day to put food on the table, provide for their families, or care for their fellow citizens should know their country has their back. Today, as we […]

Read full story Comments are closed

Legislature Proposes New Tax to Fund Family and Medical Leave Insurance Program

The House is proposing the creation of a family and medical leave insurance program that would establish a new tax on the wages of each employee in the state to create a fund to “provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a […]

Read full story Comments are closed

Court of Appeals Affirms Denial of Compensability Under Personal Risks Doctrine

The Court of Appeals recently affirmed an Administrative Law Judge’s denial of compensability for an arm injury under the “idiopathic injury” theory. Duran v. Industrial Claim Appeals Office, ___ P3d ____ (Colo. App. 2015)(14CA0425, March 26, 2015). In Duran, the claimant sustained a fractured arm while unhooking his seat belt while on a work errand. […]

Read full story Comments are closed

Workplace Emergencies: OSHA’s 7 Components of Effective Response Systems

No matter how careful workers may be, accidents can happen, and they can sometimes result in workplace emergencies that require prompt responses to prevent further injuries and/or fatalities. This is when having effective safety and health managements systems in place can save lives. Just what makes a safety and health management system in a given […]

Read full story Comments are closed

Colorado Workers’ Compensation Claim Timelines: A Helpful Overview

Workers compensation benefits can provide you with essential financial support while you recover from a workplace injury – but the journey to getting them can be complicated, especially considering that: There are various timelines that have to be met in order for claims to proceed smoothly. Missing Colorado workers compensation claim timelines can result in […]

Read full story Comments are closed

Division of Workers’ Compensation to Soon to Issue “Medical Treatment Guidelines Reference Guide for Adjusters”

  The Division of Workers’ Compensation’s All About Claims newsletter indicates that the Division of Workers’ Compensation is working on a new electronic reference guide for adjusters entitled “Medical Treatment Guidelines Reference Guide for Adjusters.” The four most important elements to be featured in the new guide include: procedures or services which require Prior Authorization […]

Read full story Comments are closed

REMINDER: Statutory Changes to the Designated Provider List

Effective April 15, 2015, § 8-43-404(5) will require employers to increase the number of physicians which must be offered to an employee on the Designated Provider List from two to four physicians, corporate medical providers or a combination of both, where available. At least one of the designated providers must be at a distinct location […]

Read full story Comments are closed

Claimant’s Attorney’s Negligence May Be a Reasonable Excuse for Failure to File a Claim Within the Two-Year Statute of Limitations

Section 8-43-103(2) creates a two-year statute of limitations to file a claim for compensation. However, the statute also extends the statute of limitations to three years where it is established that a “reasonable excuse exists for the failure to file” a claim for compensation. An attorney’s negligence in filing the claim for compensation timely may […]

Read full story Comments are closed

Employee’s Cost of Converting Health Insurance Under COBRA

Section 8-40-201(19) provides that the term “wages” shall include “the amount of the employee’s cost of continuing the employer’s group health insurance plan and, upon termination of the continuation, the employee’s cost of conversion to a similar or lesser insurance plan.” Recently, an employer raised an interesting defense to the claimant’s request to increase his […]

Read full story Comments are closed

2015 Colorado Workers’ Comp Insurance Premiums Won’t Increase for Many Employers

2015 Colorado workers’ comp insurance premiums will not cost more for the average employer, as the “loss costs” of these premiums did not spike for the first time since 2010. As the Colorado Division of Insurance (CDI) recently noted, this is due to the fact that a substantial number people who experienced workplace injuries ended […]

Read full story Comments are closed

5 Simple Tips for Preventing Winter Slip and Falls at Work

The cold and icy conditions of wintertime in Colorado can increase the chances that people will experience slip and fall accidents anywhere – including at work. In fact, as the Bureau of Labor Statistics reports, over the past year, workers compensation claims in the U.S. that were related to injuries from winter slip and fall […]

Read full story Comments are closed