December 11, 2024
Aggravating Factors in Idiopathic Falls

In Ackley, the claimant challenged the Utah Labor Commission’s (the Labor Commission) denial of her claim for worker’s compensation benefits, contending that the Labor Commission mis-applied the idiopathic fall doctrine in her claim.

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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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August 18, 2023
Mechanism of Injury

In Donati, in March 2021, the claimant was at work trimming trees when he was allegedly injured by a falling tree limb. The claimant, who was sitting on the ground after the limb fell, complained of pain in his neck. At the hospital, the claimant reported numbness and tingling in his bilateral upper extremities, with […]

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April 25, 2023
Is an Injury Sustained in a Parking Lot Compensable in Colorado?

Compensability of parking lot injuries in general Injuries sustained in a parking lot are generally held compensable in Colorado.  This is because parking lots are normally considered part of the employer’s premises.  Parking lots are usually owned and maintained by the employer or they are considered provided by the employer as a fringe benefit to […]

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April 24, 2023
Is an Injury Sustained During Recreation Activity Compensable in Colorado?

Participation in the activity must be voluntary The key issue in determining compensability for an employee’s injury sustained while participating in a recreational or social activity in Colorado is whether the employee’s participation in the activity was voluntary.  It may seem like it would be simple to determine whether an activity is voluntary, but there […]

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November 23, 2022
Utah – Morris v. Labor Comm'n

The petitioner was working as a respiratory therapist on August 19, 2017. The petitioner entered a patient’s room and found the patient standing over the bedside and swaying as if she was going to fall. The petitioner caught the patient and then immediately felt a sharp, pinching pain in her back. The petitioner was eventually […]

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