N e w s l e t t e r
April 2020
We are excited to welcome Jeff Callister to Pollart Miller. Jeff is a workers' compensation attorney in our Utah office.
Compensability Claimant was unable to prove a compensable work injury due to an aggravation of pre-existing condition/special hazard condition based on his testimony alone where evidence established injury and need for treatment were not causally related to work incident. - Claimant was a truck driver with a significant pre-existing history of right foot problems . Claimant alleged that he jumped out of his work truck which resulted in a “pop” and significant pain in his right foot, along with an inability to continue... [more]
Fall at work not determined unexplained and claim found not compensable—the importance of medical evidence . - This case involved a worker that worked as a maintenance worker in a ski resort area. As part of his duties he was at times required to go into private apartments to repair items. Claimant alleged he was in a unit checking on a leak based on a... [ more]
Conversion of hip rating denied I lene Feldmeier recently successfully defended a claim to overcome a Division IME regarding MMI and determine permanent impairment, including conversion of a scheduled hip rating. The claimant in this case is only 27 years old and sustained a severe displaced right hip fracture due to a slip and fall on ice while removing snow. The claimant... [more]
C ompensability Job Site Analysis, IME, and employer testimony established that claimant did not meet the risk factors under the Medical Treatment Guidelines for developing a cumulative trauma injury to the bilateral shoulders and upper extremities. - Claimant was a milk gallon filler operator who alleged a cumulative trauma injury to his bilateral shoulders and upper extremities as a result of the repetitive nature of his job.  [more]
Jurisdiction determined to be inappropriate with the Utah Labor Commission once Petitioner initiated the workers’ compensation process in Colorado. - The ALJ in this matter made findings that Petitioner was initially hired by Respondent, Atlas Van Lines in 1995 as a truck driver. In 2004, Petitioner became an owner operator for the same company. Petitioner delivered and carried goods throughout... [more]
Arizona Workers' Compensation
An applicant’s repeated failure to comply with discovery can result in claim dismissal   - In Farlough , the applicant allegedly sustained a work-related injury to his right knee. The applicant filed a claim for compensation in December 2018. The claim was denied in January 2019 but remained under investigation.   [more]

Whether an injury is a compensable mental claim depends on whether the stress the applicant was exposed, not the event, was unexpected, unusual or extraordinary - In France , the applicant worked as a deputy sheriff. While on duty, in June 2017, the applicant and his partner were dispatched to a home to investigate a man threatening to kill himself.   [more]
Colorado Workers' Compensation
Respondents can withdraw an admission of liability if it is based on materially false information - The Court of Appeals recently announced a decision upholding the ALJ’s denial and dismissal of a claimant’s claim for benefits and voiding the respondents’ admission of liability ab initio [more]

Need to Join Third Parties to an Action? Be Sure to Give Notice - While it is well known in workers’ compensation law that penalties may be assessed for violation of the Workers’ Compensation Act, the Industrial Claims Appeals Office was tasked with determining whether penalties could be assessed against a third party.   [more]

Overcoming the DIME findings on impairment does not require an ALJ to revert to the ATP’s impairment rating.  - In Niedzielski , the Panel was tasked with determining what impairment rating an ALJ may impose after a party has overcome the Division Independent Medical Examination findings by clear and convincing evidence. [more]

2020 Legislative Session
The Colorado Legislature is on hold and both the House and Senate have been temporarily adjourned. Normally, around this time, we would be seeing the final push and debate as the session winds towards its May 6, 2020 adjournment. However, on March 14, 2020, the legislature temporarily recessed due to the COVID-19 spread and subsequently the Colorado Supreme Court ruled that the Legislature may extend its session because the State Constitution does not require that the 120 day lawmaking period has to be consecutive. [more]
Colorado Criminal Law Update
Coronavirus has changed our day to day lives in many ways, including the court and jail systems. Given just how contagious the virus has proven to be, Colorado has taken steps to change how low level offenses are being handled. Officials in Denver and Boulder have given directives to law enforcement to reduce arrests for low-level offenses so that the number of individuals taken to jail is reduced. The idea here is to protect inmates and staff in jails, where social distancing practices are nearly impossible to maintain, and to reduce the potential number of coronavirus infections. [more]