November 2017 Newsletter
Pollart Miller LLC will be hosting a webinar on December 19, 2017 at 12:00 PM MDT entitled  The New Rule 16 , presented by Eric Pollart and Jacqui Condon
To register, click here:
After registering, you will receive a confirmation email containing information about joining the webinar.  
January's webinar will be Bad Faith Claims: Claims Notes as Evidence presented by Ian Mitchell and Gail Benson
On November 10, 2017 Pollart Miller wrapped up its first ever candy donation drive. Many of the employees here were wondering how they were going to get rid of their excess supply of sweets from Halloween, so we contacted Operation Gratitude who sends care packages to our deployed troops.  We ended up shipping out just under 50lbs of candy!

There cannot be a "change in condition" sufficient to reopen a claim if there was never an original compensable injury in the first instance. Therefore, carriers should file motions to close claims where a notice of contest has been filed but there is no activity to prosecute by claimant for a period of over six months.  [more]

Claimant's allegation that her "incredible" testimony at hearing was based on the advice of "ineffective" counsel is insufficient to overturn ALJ's order.  [more]

For an order to be appealable, it must grant either benefits or penalties and Respondents' reliance on the definition of compensability from the Loofbourrow decision is misplaced.   [more]

Widow's request for a Division IME of decedent rejected based on premise Division IME is only available if the injured employee is alive to participate in evaluation. [more]
Winner's Circle

Richard A, Orona, Esq. a partner at Pollart Miller LLC, successfully obtained a full defense verdict from an El Paso County jury after a four-day trial in which he defended a national insurance company against bad faith breach of contract allegations arising out of an Uninsured Motorist  claim.  [more]

In a matter successfully defended by Charlotte Veaux, Medicare demanded reimbursement from the workers' compensation carrier for conditional payments and interest.  The alleged conditional payments were made years after the claim was closed by final admission. [more]

For a quasi-injury to be compensable, it must still constitute an actual " injury"  which requires medical care,  not just an " accident" for which no care is reasonable, necessary or related. [more]  
Associate Watch
Spotlight on: 

Jacqui Condon, a New York transplant, spent her formative years in Delaware, a state made famous by Wayne's World and tax free shopping.  With two older brothers setting the tone, she had an active youth, involved in field hockey, tennis, basketball, diving and track and field.  She continued to play field hockey for the Crusaders at Susquehanna University where she graduated cum laude with her B.S. in marketing and finance. 
After graduating, Jacqui went directly to Hofstra University for law school.  She spent the next eight years on Long Island, and began her legal career in workers' compensation.  Following a two year stint as a Public Defender in New York, she found her way back to the field of insurance defense. 
Not long after having their first child she, and her husband Brian, decided it was time to make the leap to beautiful (and sunny) Colorado.  They arrived in July 2014 and have been enjoying the people, hiking and road tripping ever since. 
In her down time, Jacqui enjoys reading, washing the car and getting outside with her two kids, husband and feisty 10 pound maltipoo, Duffy.  Jacqui and her family are eagerly awaiting the arrival of another baby in the spring to join the adventures.

Monthly Employment Law Tip

1.      Fall Protection

2.      Hazard Communication

3.      Scaffolding

4.      Respiratory Protection

5.      Control of Hazardous...[more] 

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