January 2018 Newsletter
Pollart Miller LLC will be hosting a webinar on February 20, 2017 at 12:00 PM MDT entitled Evaluating Compensability and Causation Issues (Including the Role of Diagnostic Testing) , presented by Brad J. Miller and Kendra G. Gartska
To register, click here:
After registering, you will receive a confirmation email containing information about joining the webinar.  

Pollart Miller is please to announce 
Eric J. Pollart as one of 5280 magazine's  2018 Top Lawyers

An ALJ may determine whether the ATP placed the claimant at MMI [more]

The firefighter's presumption may be overcome by establishing a lack of general or specific causation. [more]

In Colorado, "my lady" is synonymous with "my wife" and is sufficient to help establish a common law marriage in the context of dependent benefits. [more]

Authorized Treating Physician

A physician's status as the ATP is automatically terminated only if either: (1) the change of physician occurred under C.R.S. § 8-43-404(5)(a)(III); or (2) the change took place after the statute's enactment (July 1, 2016). [more]
Winner's Circle

In a claim successfully defended by Amanda Branson, the ALJ denied death benefits under the going and coming rule.  The decedent was a passenger in a company car driven by her supervisor and long-time friend. [more]

Here, partner Brad Miller and associate Gail Benson secured a favorable judgment from the Colorado Court of Appeals (not selected for publication).In this case, the claimant challenged the statutory process for selecting a physician to perform a division independent medical examination ("DIME"). She contended that the process unfairly harms injured workers by failing to ensure the selection of specialists to perform DIMEs.  [more]

Claimant was a customer service representative, who was walking outside the office building on her way to lunch when she fell on some stairs and injured her bilateral upper extremities.  Claimant alleged it was an unexplained fall and therefore compensable. [more]

Brad Miller recently convinced the Appeals Board in Utah to reverse the award of certain workers' compensation benefits granted during a default hearing. [more]
Associate Watch
Pollart Miller recently welcomed Hayleigh P. Lidbury and 
Katherine "Kate" E. Sickendick to the firm as new associate attorney's

Hayleigh attended Loyola University Chicago where she graduated with a Bachelor of Science in Psychology and a Bachelor of Arts in Sociology. After graduation, Hayleigh remained in Chicago and worked as a paralegal for the managing partner of a midsize Labor and Workers' Compensation firm. After deciding to attend law school, Hayleigh moved back to Dallas and worked specializing in complex civil litigation. She recently graduated from The University of Tulsa with Honors in May and was sworn in this past October. [more]

After graduating from law school, Kate joined the United States Army Judge Advocate General's Corps as a commissioned officer. She served in several capacities at different times in this role: as an attorney advisor to soldiers on their personal legal issues, as an attorney advisor to military commanders and decision makers, and as a criminal prosecutor. After leaving active military service in 2017, Kate began practicing in Colorado workers' compensation defense.  She represented insurer and employer clients before administrative agencies and throughout the stages of litigation and mediation. [more]
Spotlight on: 

Amanda Branson was a military kid, moving every couple of years, and living in towns in Virginia, Oklahoma, North Carolina and Texas.  Upon graduating from high school, she moved to Colorado to attend Colorado State University, which she had picked out of a book. After staying put for so long, she was ready for another adventure. Intending to follow in her father's footsteps and join the Marine Corps and go to law school, she abruptly joined the Peace Corps (much to her father's dismay).  

Amanda spent five years overseas in Mongolia and Estonia, teaching English and organizing countrywide youth seminars.   During this time, she met her future husband and they traveled extensively, although the highlight was a month-long backpacking trip around Egypt.  After her Peace Corps service ended, Amanda returned to Colorado and enjoyed being a ski bum for a season at Winter Park.  Ready for a different kind of adventure, she decided to attend law school at the University of Idaho. 

Realizing Colorado was the best place of all, she returned after graduating from law school and began clerking for several judges in Arapahoe County District Court.  She landed her first job in insurance defense, working for a firm that handled construction defect litigation.   After almost two years of construction defect litigation, she transitioned into the world of workers' compensation.

In her free time, Amanda enjoys skiing, hiking and spending time with her family.  Her weekends are typically spent attending her daughter's athletic events, concerts, and art shows.    
Monthly Employment Law Tip

O n January 5, 2018, the U.S. Department of Labor ("DOL") clarified its position regarding paid and unpaid internships. They will now use the "primary beneficiary" test for determining whether interns are employees under the Fair Labor Standards Act ("FLSA"). The agency has issued a revised Fact Sheet called "Internship Programs under the Fair Labor Standards Act." [more]
Monthly Family Law Update

The newly enacted Tax Cuts and Jobs Act (TCJA) may have a serious impact if you are contemplating divorce, or if you are currently paying or receiving spousal maintenance (alimony).  And, as people rush to get their spousal maintenance orders finalized, if you are an employer, be prepared for the possibility of receiving an increase in requests to establish or modify wage withholding orders.  [more]
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