News
PM's 2020 Best Lawyer
Eric Pollart
As one of the founding members of Pollart Miller, Eric draws on over 20 years as a practicing attorney to
represent clients in Arizona, Colorado, Nebraska, and Utah. As litigation counsel and advisor, he supports and
advocates for the interest and rights of his clients in their insurance and employment-related issues with an
emphasis on defending workers’ compensation matters.
Pollart Miller was a proud sponsor of the 26th Annual PWC Golf Tournament at Raccoon Creek Golf Course on Friday, September 20, 2019
Pollart Miller was a proud sponsor of the
24th Annual RIMS Golf Tournament
on June 13, 2019
at the Arrowhead Golf Club
Webinar Videos
Don't forget to visit the Pollart Miller Webinar Channel. This web page gives you 24/7 access to watch all completed webinars. New webinars are uploaded within one week following the broadcast. If you would like copies of the presentations or if you have any questions, please email [email protected] .
October Webinar
October 15, 2019 at 12:00 PM (MST)
Workplace Altercations and Compensability Questions in Colorado and Utah

Presented by Christin Bechmann
October Webinar
November 19, 2019 at 12:00 PM (MST)
Reduction, Modification and Termination of Temporary Disability Benefits

Winner's Circle
Self Defense Jake Johnson represented a client in Denver District Court who was charged with multiple felonies including DUI, Assault in the 1 st Degree and Vehicular Assault.  
Permanent Total Disability
Jessica Grimes successfully defended a permanent total disability (PTD) claim involving a claimant who was a long term employee (27 years) and had sedentary to light restrictions after three lumbar surgeries.
Compensability/Death Benefits
In a case involving death benefits related to asbestos exposure and mesothelioma, Amanda Branson relied on nationally respected experts in this highly complex area to successfully defend the claim before Administrative Law Judge Edie.
Compensability Eric Pollart and Paul Foltz successful overcame the opinion of the Division IME before the Administrative Law Judge (ALJ). The Division IME had issued a rating based on his opinion that the claimant’s diagnosis was simply “pain.”  
Compensability/Statute of Limitations Christin Bechmann successfully defended a complex claim which took two days to complete before the Labor Commission.    
Permanent Total Disability
Christin Bechmann successfully defended a permanent total disability (PTD) claim before the Labor Commission.
Case Law Updates
Colorado

Claim Closure - Once An FAL Is In The Claimant’s Hand, Objecting And Applying For Hearing Better Be Claimant’s Plan   Even where the Final Admission of Liability (FAL) is mailed to the wrong address, once a tardy copy is provided to the Claimant, objecting and applying for hearing has to be done within 30 days or the claim closes.  [more]

More Fun With Final Admissions - An Admission Deemed “Invalid” Can Be Challenged At Any Time Claimant does not have to object to a Final Admission of Liability (FAL) lacking required documentation as an invalid FAL does not close a claim.  [more]

Wage Continuation Plans: Taking Credit Against The Cap Court of Appeals holds an employer may take credit for wage continuation benefits paid under an occupational injury leave policy against the combined benefit cap.  [more]

Great Things From The 1980’s: e.g. Pacman, Leg Warmers, MTV Actually Showed Music Videos. Not So Great - Medical Maintenance Benefits Medical maintenance benefits can be terminated, even if from the 1980’s, where Respondents prove no longer related to the injury  [more]

Permanent Impairment Ratings Claimant:  “Take my word for it - my back is really rigid, even though my examination is normal.”  

Panel: That’s good enough for a Table 53 rating. Panel holds that no objective evidence of rigidity is required for a Table 53 rating and assignment of impairment.   [more]

Workplace Assaults—Never Hide a Man’s Beer Court of Appeals affirms decision that assault stemming from claimant hiding another employee’s beer was compensable where the beer was provided as a perk by the employer.   [more]
Colorado continued...

Quasi Course And Scope - Difference Between Respondent’s IME And Division IME When Claimant Injured During Travel To The Evaluation Panel holds traveling to and from a respondents’ selected Independent Medical Examination (IME) is an implied part of the employment contract, and an injury sustained during the activity is compensable.  [more]

Safety Violation - Administrative Law Judge (ALJ) denies imposition of safety rule violation where supervisor’s testimony establishes that the policy was subject to different interpretations and evidence showed the policy was not consistently enforced.  [more]
Arizona

More Than One Statutory Employer May Be Held Liable The Arizona Court of Appeals recently held that in determining statutory employers, an administrative law judge (ALJ) is required to evaluate the liability of each contractor and subcontractor and not stop the analysis once one subcontractor is determined liable.  [more]

Medical Evidence Required When Causation Not Clear to Lay Person In In Rivera , the claimant fractured a toe on her right foot. This claim was accepted. An orthopedic specialist later found the claimant was medical stationary with no permanent impairment and required no further treatment. The claimant objected to her claim closure and argued that she continued to have pain and cramping in her right foot and leg and this caused her to fall and injury her right shoulder and left leg. The claimant also attributed an ingrown toenail and blood clotting issues to her original injury. . [more]
Subrogation Update
Workers’ Compensation Subrogation Changes: Economic vs. Non-Economic And What It Means For Your Recovery 

Over the last ten years, and as described in the Colorado Supreme Court’s decision in V olunteers of America Colorado Branch v. Gardenswartz , 242 P.3d 1080 (Colo.2010), the Courts have become increasingly concerned where the Plaintiff claiming Injured parties were only able to seek damages for those amounts paid by the health insurer and accepted by medical providers as damages.     [more]
Attorney Watch
Pollart Miller is pleased to welcome Karina Prigge to the firm
Spotlight on Rachel Konishi
Rachel Konishi was born and raised in Orem, Utah. Her first experience in advocacy came in the 8th grade when she argued on behalf of her friend facing a five cent fine for a late return on a book to the school library. The librarian conceded and asked Rachel to consider the law as a profession.  

Rachel graduated from Brigham Young University with a B.S. in Psychology, and a J.D. She worked for a general practice firm prior to Pollart Miller LLC where she practiced in various areas of the law, from landlord-tenant disputes to contract drafting to family law. She specialized in Social Security disability and workers compensation defense cases. 

Rachel is a die hard sports fan who loves cheering on her favorite team the Green Bay Packers. In fact, she had the incredible opportunity to watch them in person twice, once at Lambeau Field and once at Mile High Stadium. Unfortunately both times she went, a key player was injured after she bought the tickets; she now understands her duties to the team’s health and win record require her to cheer exclusively from the couch. When not working or watching football, Rachel enjoys being outside in nature or playing volleyball, pickle ball, or other sports. 
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Salt Lake City
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84101
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Phone: 385-258-2413
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