October 2017 Newsletter
Pollart Miller is pleased to announce that we have been recognized by the American Institute of Legal Counsel as one of the 10 Best Workers' Compensation Law Firms in Colorado . Additionally we were recognized by the American Institute of Family Law Attorneys as one of the 10 Best Law Firms in Colorado . 



 
Pollart Miller LLC will be hosting a webinar on November 21, 2017 at 12:00 PM MDT entitled Cumulative Trauma in Utah, presented by Christin Bechmann and Andres Hermosillo. 
 
To register, click here:
 
After registering, you will receive a confirmation email containing information about joining the webinar.  
Eric J. Pollart was a recent speaker at the Colorado Bar Association CLE, 2017 Annual Fall Update, Workers' Compensation, regarding the newly adopted amendments to WCRP 16.  The changes will go into effect January 1, 2018.  Be sure to tune in to Pollart Miller's webinar addressing the changes with Eric and attorney Jacqui Condon on December 19th 2017.

PA's can place a claimant at MMI and assign impairment as long as overseeing physician approves. [more]

If a subcontractor's employee is hurt, the general contractor can immunize itself from workers' compensation liability, but must show that the subcontractor was actually insured at the time of the injury.  [more]



The presumption in C.R.S. § 8-41-209 is strong - even though the claimant's HPV originated from a sexually-transmitted disease, he was still entitled to workers' compensation.   [more]
Winner's Circle




In a claim successfully defended by Brad Miller and Amanda Branson,  claimant initially alleged she sustained a cumulative trauma injury to her right upper extremity.  Based on claimant's description of her job duties, claimant's treating providers opined that claimant's injury was work-related, pursuant to the risk factors outlined in Rule 17.  [more]


In a claim and appeal successfully litigated by Michelle Prince-Bowen and Eric Pollart,  the claimant was employed as an electrical lineman. He had a history of right shoulder issues, including a workers' compensation injury in 2012 which he settled prior to placement at MMI.  While lifting objects weighing approximately 70 lbs, he alleged the onset of pain and reported the matter as a new injury. [more]


In a claim successfully litigated by Amanda Branson, the ALJ denied compensability where the claimant's Claimant alleged a work-related injury to her cervical and thoracic spine due to sitting at non-ergonomic workstations and a lumbar spine injury from cleaning baseboards.  Claimant testified that her underlying cervical and thoracic spine condition had worsened over the prior year as a result of her having to sit long hours every day, six days per week. [more]





In a claim successfully defended by Brad Miller and Jessica Grimes, claimant initially alleged he sustained an acute lumbar injury arising out of a lifting incident at work.  Based on the claimant's statement and the initial investigation, the adjuster filed an admission on the claim and paid out benefits.  Eventually, however, it became evident from additional investigation that the claimant had sustained a similar injury requiring treatment with a neurosurgeon just weeks before the work injury. [more]








In a claim successfully defended by Eric Pollart and Michelle Prince-Bowen, Claimant was a manufacturing specialist who alleged a neck and shoulder injury while working on a large machine. Claimant did not seek medical treatment for three days and failed to report that his alleged injury occurred as a result of work activities for nearly three weeks despite seeking medical care from several providers during that time period. [more]


Associate Watch
Spotlight on: 

Michelle Prince grew up in El Reno, Oklahoma, a small town west of Oklahoma City and home of the famous giant fried onion burger.  After enjoying several years playing in the marching band and attending Fried Onion Burger Day festivities, she decided to head down the road to the "big city" of Norman, OK where she attended the University of Oklahoma and officially became a Sooner.  There she majored in Political Science and graduated Phi Beta Kappa, receiving a Bachelor of Arts with Distinction.
 
Michelle went to law school at the University of Colorado in Boulder. She began her career practicing criminal law with the Colorado State Attorney General's office.  She then got her first job in insurance defense law working for Liberty Mutual Insurance Group.  After that she joined a worker's compensation defense firm where her work has been primarily focused for the past 12 years.
 
When not working on behalf of her clients, Michelle spends her time volunteering on the Boards of her Church and HOA.  During her free time, she enjoys spending time with her husband, Patrick and her untrainable, but adorable Chihuahua, Missy.
Monthly Employment Law Tip

In EEOC v. All Star Priority Staffing, LLC (D. Ariz. 2017) and EEOC v. Consolidated Edison Co of New York, Inc. (S.D.N.Y. 2017), the EEOC alleged that the companies asked medical questions during the interview process or subjected applicants to medical examinations before making a job offer and then used the medical information obtained as the basis for rejecting the applicants. [more]
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