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About Clay Thornton, Esq

Author Archive | Clay Thornton, Esq

2013 Amendments to Colorado Workers’ Compensation Act

As always, there are several amendments to the Act this year. The Division has posted an advisory memorandum that can be found at the following link. Senate Bill 13-157 clarifies the definition of statutory-employer as it applies to injuries occurring on the premises of a “buyer of goods.” As discussed in a separate posting to […]

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Statutory Changes to the Division IME Procedure

The Division IME statute has been amended to include a new timeframe and procedure for responding to a DIME report. The Division has posted an instructive memo that can be found here. In a nutshell, a respondent’s time to respond to a Division IME report no longer is based upon the date the physician mails […]

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Very Little Required to Avoid Closure Pursuant to Final Admission

Posted by: Clay Thornton, Esq. Date: June 26, 2013 In Crigger v. Denver Health, W.C. No. 4-770-747 (ICAO, May 6, 2013), the respondent filed a final admission of liability admitting for Permanent Partial Disability benefits based upon the Division IME’s findings. Within the statutory period for objecting, the claimant filed an application for hearing listing […]

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An ALJ Cannot Order Reimbursement Between Carriers on a Closed Claim

Posted by: Clay Thornton, Esq. In Tennapel v. Bowie Resources, W.C. Nos. 4-779-040 & 4-844-545 (ICAO, April 5, 2013), the claimant suffered an industrial injury with the first employer, and that claim became closed pursuant to final admission. Subsequently, the claimant suffered a similar injury with a subsequent employer. At this point, an IME opined […]

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Statutory Cap Does Not Apply Until the Act Permits Respondent to Terminate Temporary Disability Benefits

Posted by: Clay Thornton, Esq. In United Airlines v. Industrial Claim Appeals Office , 2013 COA 48, 12CA1443 (COCA) (March 28, 2013), the claimant suffered an admitted injury and the employer admitted for temporary disability benefits. Temporary disability benefits were ended when the claimant was released to return to work. At this point in time, […]

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Penalties for Failure to Reimburse Claimant for Medical Treatment

Posted by: Clay Thornton, Esq. Date: March 26, 2013 In Ringler v. King Soopers, W.C. No. 4-121-888-11 (ICAO, March 13, 2013), the ICAO affirmed an Order of the ALJ which granted a penatly of 8% of the amount of a medical bill for which the claimant sought reimbursement, and denied the claimant’s request for a […]

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