August 2017 Newsletter

Congratulations to attorney Eric Pollart for his inclusion in The Best Lawyers in America for defending employers and insurers in their workers' compensation claims.
Pollart Miller is pleased to announce the launch of our webinars starting October 17th.  Ilene Feldmeier and Jessica Grimes will cover cumulative trauma, occupational disease and Rule 17 in Colorado.  Save the date and watch for more details in our September newsletter.   

The Colorado Court of Appeals held that a pilot's injury sustained while exercising during a layover is not compensable. 

Here, claimant flew to Seattle, Washington where he had a scheduled layover. During the layover, claimant went for a run outside. During the run, claimant ruptured his Achilles tendon. 

Here, claimant sustained an admitted injury. The following year, respondents offered claimant modified employment. The offer was contingent upon passing a background check. The claimant did not show up for the modified duty and respondents discontinued his temporary total disability benefits.

The Industrial Claim Appeals Office (ICAO) held that a fight among co-workers is compensable if it arises out of a work-related dispute.

Here, claimant worked for employer as a truck driver. Claimant went to employer's loading facility to retrieve another truck trailer after his broke. Instead of selecting an empty trailer and waiting in line for it to be loaded, claimant decided to take a trailer that had already been loaded. 


ICAO held that the statute of limitations on a claim begins running when the claimant passes away while workers' compensation benefits are being litigated.

Here, decedent sustained an admitted injury to her back in 2011. During litigation of the back injury, the decedent died in November 2013. The claim remained dormant until March 2015, when a doctor reviewed decedent's medical records and determined that her death was related to the industrial injury.

Here, the decedent worked as a Derrickhand on an oil rig. After working his shift from 6:00 PM to 6:00 AM, decedent started driving home. Approximately thirty minutes after his shift ended, the decedent was involved in a car crash, presumably because the decedent fell asleep at the wheel and drifted into oncoming traffic. 

Winner's Circle

The claimant was working on a pipe with a co-worker, when the pipe swung down and struck the claimant on the side of the head.  There was a minor cut on claimant's head which required first aid treatment.

In a claim litigated by Ilene Feldmeier of Pollart Miller, the ALJ rejected causation opinions that that the arthritic  shoulder of a 78 year old claimant had been aggravated by  her employment


ICAP recently affirmed an ALJ's Order finding Claimant committed fraud in prior hearing to obtain benefits, reversing prior order, and dismissing claim with prejudice.

In a claim litigated by Gail Benson of Pollart Miller, ALJ denied and dismissed claimant's request for referrals to a neurosurgeon and pain management specialist, which were within the chain of referral, on the basis that the referrals were not reasonable,    necessary and related to the work injury  

Associate Watch
Pollart Miller recently welcomed three new associates to the firm, Michelle Prince-Bowen, Christopher Gray, and Joelle Levit.

Ms. Prince has over 15 years of experience as an attorney with widespread experience in resolving worker's compensation and insurance defense cases. Ms. Prince has a track record for success that stems from her commitment to maintain in-depth understanding of legal processes and procedures.

Mr. Gray's approach to representation is informed by his unique combination of judicial, litigious, transactional, and corporate insights. Mr. Gray is a proponent of balancing the client's legal needs and interests with streamlined, efficient representation, and his diverse skillset allows him to approach client issues from multiple perspectives to arrive at effective solutions.

Ms. Levit began practicing insurance defense in 2016. She gained significant litigation and trial experience by serving as in house counsel at GEICO, where she sat first chair to jury and bench trials and advocated on behalf of clients in motion practice, arbitrations, depositions, settlement negotiations, and court and pre-trial conferences.

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