Pollart Miller Newsletter

November 2018 Newsletter

News

Pollart Miller is pleased to announce the opening of a new office in Salt Lake City, Utah. The attorneys practicing in Utah are:

Congratulations to Tucker Allen, Thomas Gerwick and Mark Toppen for passing the Colorado bar! They were sworn in on November 5, 2018 and are in the practice of workers' compensation defense.

Tucker E. Allen

Thomas P. Gerwick

Mark D. Toppen

Webinars

December Webinar

December 18, 2018 at 12:00 PM (MST)

Handling a Lost Time Claim Without Losing Your Mind: Navigating Colorado Workers’ Compensation Process for Temporary Indemnity

Presented by Eric J. Pollart and Mark D. Toppen

January Webinar

January 15, 2019 at 12:00 PM (MST)

UPDATE: The New Rule 11 and Changes to the Division IME Process

Presented by Ilene H. Feldmeier and Jessica L. Grimes

Winner's Circle

Compensability - The claimant failed to prove compensable claim because the injury had not resulted in lost time

Compensability – No accident found when need for treatment stemmed from prior injury

Workers' Compensation

Compensability—Quasi Course And Scope of Employment: An injury sustained on the way to and from a medical examination is compensable, even if the claimant performs a personal errand along the way--as long as the personal deviation ends prior to the injury. [more]

Quasi-Course And Scope Doctrine Covers Claimant’s Injury Sustained When Working Out On His Own At Planet Fitness: In Martin, the claimant sustained a compensable injury for which surgery on his shoulder. [more]

Reopening a Denied Claim?: A claim never determined to be compensable cannot be reopened based on a change in condition. [more]

Overcoming the Division Independent Medical Examination: Secret agent Claimant? Claimant’s surreptitious recording relied upon by ALJ to overturn Division Independent Medical Examination (DIME) opinion. [more]

Temporary Total Disability: Termination for cause: Panel rejects its prior interpretations of Longmont Toyota to affirm award of temporary disability. [more]

Repayment of Over-Payments: The claimant suffered a compensable injury. She told the claims representative that the injury resulted in an inability to work. [more]

Practice Area Updates

Family Law

Alternative Dispute Resolution in Family Law Cases

Family law cases can be long, tiresome, emotionally draining and expensive. Moreover, because these cases involve the most private issues, resolving these disputes outside of the courtroom is often best for all involved. Alternative dispute resolution (ADR) is that process [more]

Attorney Watch

Pollart Miller is pleased to Welcome Rachel Konishi to the firm

Rachel's Bio

Spotlight on Paul M. Foltz

Paul Foltz grew up in Perry, Kansas, a small town west of Kansas City. After graduating from high school, he attended Baker University in Baldwin City, Kansas where he played for the school’s football and baseball teams. There he majored in Business Management and earned a Bachelor of Science degree.

Between undergrad and law school he spent a couple of years having fun. In the summer of 2007 he played and coached baseball for a sports club in Dohren, Germany. After returning to the states, he spent the 2007-2008 ski season as a snowboard instructor in Breckenridge, Colorado.

Paul went to law school at Washburn University in Topeka, Kansas where he earned a J.D. and an M.B.A. He worked for Shook, Hardy & Bacon and Sprint before finding his way into the practice of workers’ compensation defense. He worked for Mullins & McMillan, P.A. representing insurance companies and self-insureds in Kansas and Missouri until he moved to Denver and joined the Pollart Miller team in May 2018.

When he is not helping his clients resolve their workers’ compensation issues, Paul prefers to spend his time outdoors snowboarding, biking or playing volleyball.