N e w s l e t t e r
December 2019
WEBINAR
January Webinar
January 21, 2020 at 12:00 PM (MST)
Division IME’s: One Year Later - What’s Working And What Needs Fixing

Presented by Eric J. Pollart and Jake Johnson
February Webinar
February 18, 2020 at 12:00 PM (MST)
Arizona: The Never Ending Story... Reopening v. Settlements in the Wild Wild West

ATTORNEY SPOTLIGHT
Jake Johnson grew up in Wichita, Kansas, pretty much smack in the middle of the United States. After high school he became a Wildcat at Kansas State University in Manhattan, Kansas, where he earned degrees in Finance, Accounting and Economics.

Jake went to law school at Washburn University in Topeka, Kansas. During law school he studied abroad as part of a Dutch student exchange program and also worked in the legal department of a major aircraft company in Wichita. He began his career as a Public Defender in Wichita and after trying and winning numerous jury trials his first year he was asked by the District Attorney to join their office.
Jake joined the Sedgwick County District Attorney’s Office where he practiced in the gang and violent crime unit for more than two years before he and his wife decided to leave the plains of Kansas behind for the mountains of Colorado. Jake’s practice has been focused on workers’ compensation and criminal defense since joining Pollart Miller’s predecessor firm in 2011. 

When not working on behalf of his clients, Jake spends his free time watching his daughter play sports , staying up all night with his 3 week old son, and getting his two great danes outside the house. 
POLLART MILLER NEWS
Pollart Miller LLC is pleased to announce our new partner Amanda Branson. Amanda is a defense attorney that specializes in Workers' Compensation, Subrogation and Recovery and General Insurance Law in the Denver office. Click here to view Amanda's bio.
Pollart Miller LLC is excited to announce that Karina Prigge has passed the bar. She has joined the firm as a Workers' Compensation Defense Attorney in the Denver office. Click here to view Karina's bio.
Pollart Miller LLC has been named a Tier 3 firm in Colorado for Workers' Compensation Law - Employers by U.S. News - Best Lawyers ® "Best Law Firms" in 2020.
Pollart Miller LLC has been named Best Workers' Compensation Attorney in Aurora, Colorado for 2019 by Expertise.
Denise M. Minish has been recognized for 2 years as a 10 Best Female Attorney by the American Institute of Family Law Attorneys. Click here to view Denise's bio.
Michelle L. Prince has been recognized for Excellence in Workers' Compensation Law for 2020 by Lawyers of Distinction. Click here to view Michelle's bio.
CASE WINS
Compensability - Administrative Law Judge (ALJ) denied and dismissed claim due to strong employer witness testimony. [more]
Termination for Cause and Subsequent Wage Loss -
The Administrative Law Judge found claimant was responsible for her... [more]
Medical Benefits – Prolonged Chronic Pain Treatment In Excess of Medical Treatment Guides No Longer Compensable [more]
CASE LAW UPDATES
Arizona Workers' Compensation
Average monthly wage determinations can be expanded beyond just the income earned in 30 days prior to injury when necessary to determine a realistic pre-injury wage base - The Arizona Court of Appeals recently decided three cases involving average monthly wage (AMW) calculations and whether it was appropriate to expand the 30 day wage base to determine a realistic pre-injury wage base.  [more]
Colorado Workers' Compensation
Appealing a Final Order - The Administrative Law Judge (ALJ) determined claimant was responsible for the cancellation fee charged by respondents’ expert witness after the hearing was vacated.   [more]

Compensability - It is well settled that to prove a compensable injury, claimant carries the burden to establish by a preponderance of the evidence that an injury arose out of and in the course of employment.  [more]

Motion to Close - Under Colorado law, the Director may dismiss a claim when there has been no activity for at least six months. Further where there is no activity in furtherance of a prosecution, a party may request a claim to be closed.  [more]

Petitions to Review  - In Gonzalez-Miranda , a hearing was held to determine if claimant met his burden to prove he suffered a compensable occupational disease due to prolonged, repetitive use of his hands, wrists, and arms, and if so, what medical treatment was reasonable, necessary and related to the injury.  [more]

Benefits: Recovery of Over-Payments - In Peoples , the Court of Appeals was tasked with determining whether an employer’s listing of an over-payment on a final admission of liability (FAL) constitutes an attempt to recover the over-payment pursuant to C.R.S. § 8-42-113.5(1)(b.5)(I).    [more]

Compensability of Mental Impairment  - Administrative Law Judge (ALJ) denied compensability of claimant’s claim and request for temporary disability and medical benefits.  [more]

Petitions to Review - Administrative Law Judge (ALJ) granted respondent’s motion for summary judgment. The Industrial Claims Appeals Office (Panel) dismissed claimant’s petition to review as jurisdictionally untimely.  [more]
OTHER CASE LAW UPDATES
Family Law
Recent Statutory Changes in Child Support - Effective July 1, 2019, House Bill 19-1215 (signed May 23, 2019) implemented changes to the child support guidelines. Previously, if you were a stay at home parent providing primary care for a child less than thirty (30) months of age, you were not required to be employed. [more]