March 25, 2025
Retroactive Safety Violation Benefit Reduction Not Time Barred by Statute

In Sorensen, the Industrial Claim Appeals Office (the Panel) set aside the ALJ’s order denying an application for hearing to retroactively reduce a parking lot security guard’s compensation by 50% based on the claimant’s alleged violation of a safety rule.

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March 25, 2025
Summary Judgment on Untimely Claim

A claimant files a workers' compensation claim for alleged mold exposure listing the date of injury over a decade prior and requesting a hearing for a previous claim during that period declaring it a fraudulent settlement.

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March 25, 2025
Mechanism of Injury Consistent with Activities of Daily Living

A heavy equipment operator in a mine testifies that when an excavator dropped dirt and rock into his long haul truck bed he felt back pain and later suffered pneumonia from the accident.

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March 25, 2025
Attendant Services – Reasonably Necessary and Compensable

In Enterprise and Cannon Cochran v. Mohamed, the Colorado Court of Appeals (the Court) held that daily attendant services were reasonably necessary as maintenance care for a claimant who sustained long-lasting mental health conditions from her work-related injuries.

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March 25, 2025
UIM Carriers and Immunity - Scope of Evaluation

The Colorado Supreme Court (the Court) held in Klabon v. Travelers, as a matter of first impression, that in Colorado, “an employee who is injured in the court of their employment by a third-party tortfeasor and who receives workers’ compensation benefits as a result of that injury can also sue to recover benefits for their employer’s separate uninsured/underinsured motorist (UM/UIM) carrier.”

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December 10, 2024
Authorization of Housekeeping Services as Medical Benefit

In Dery, the Industrial Claim Appeals Office (the Panel) affirmed the decision of the ALJ to deny housekeeping services as a medical benefit.

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December 10, 2024
Recoupment of Overpayment

In Atencio, the Colorado Court of Appeals (the Court) held that respondents were not required to reopen claimant’s case after filing their final admission of liability to recoup an overpayment.

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December 10, 2024
Division IME – Scope of Evaluation

The Colorado Court of Appeals (the Court) determined in Peitz, as a matter of first impression, that Rule 11-5 of the Workers’ Compensation Rules of Procedure (WCRP) does not prohibit a physician performing a DIME from evaluating all aspects of a worker’s injury in determining whether the worker has obtained maximum medical improvement (“MMI”).

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August 18, 2023
Reopening

In Romero, the claimant sustained an admitted injury to his right shoulder in 2020 while working as a correctional officer. The claim was closed by Final Admission of Liability in September 2021. The claimant filed a petition to reopen for worsening of condition which went to hearing in March 2022. The ALJ denied the claimant’s […]

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August 18, 2023
Conversion of Scheduled Impairment

In Gebregeorgis, the claimant sustained an admitted injury when she was sweeping snow and fell on her outstretched left arm. The claimant sustained a left wrist fracture and injured her left shoulder. Dr. Lugliani ultimately placed the claimant at maximum medical improvement (MMI) and assigned a 7% scheduled rating for the claimant’s left wrist and […]

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