In Hargon, the claimant was a retired military intelligence member of the United States Army. The claimant began work as a contract intelligence analyst, performing short-term contracts for various employers, including Respondent-Employer, for durations of approximately two to three weeks at a time. The claimant suffered a work injury in February 2024 while working with Respondent-Employer. Respondent-Employer admitted to an average weekly wage (“AWW”) of $123.10 initially, before later amending the admission of liability to reflect an AWW of $382.65 as calculated based on the claimant’s pre-injury earnings from another employer, CSA Global, LLC. The claimant contested the admitted AWW, arguing that the admitted rate failed to fully capture her lost earnings.

In Bane, the claimant was a school bus driver for the Lewis Palmer School District. On October 18, 2024, the claimant suffered a compensable work injury when he was exposed to exhaust from the school bus that he was driving. The claimant heard a whirring sound while driving and called dispatch to report the issue. The claimant was given a copy of the Lewis Palmer Driver’s Handbook at the beginning of his employment, which required a pre-trip vehicle inspection. The ALJ found that Respondents failed to present any credible or persuasive evidence to support the theory that the claimant violated a safety rule by failing to identify the leaking exhaust clamp in his pre- or post-trip inspections.

The claimant worked for the Colorado Department of Revenue from 2006 to 2012. In 2012, the claimant slipped and fell while working, suffering an admitted work injury. The claimant was placed at Maximum Medical Improvement and assigned a permanent impairment rating by Dr. Olson in April 2013. Respondents filed a Final Admission of Liability, admitting to Dr. Olson’s report. The claimant objected to the Final Admission of Liability; however, a settlement agreement was reached prior to any litigation. The claimant filed an application for a hearing to reopen her settlement pursuant to C.R.S. § 8-43-303, alleging that the settlement had been obtained through fraud and asserting that her cognitive issues had prevented the claimant from recognizing the alleged fraud.

In Hargon, the Industrial Claims Appeals Office (the Panel) found no reversible error in the ALJ’s exercise of discretion regarding calculation of the claimant’s average weekly wage (AWW). The Panel affirmed that the ALJ correctly cited the law and reasonably declined to base the claimant’s AWW on speculative future earnings.

In Cardona, the Industrial Claims Appeals Office (the Panel) affirmed the ALJ’s decision to award $18,000 in penalties under § 8-43-304(1), C.R.S. for failure to timely file a final admission of liability in accordance with WCRP 5-5(E).

On August 4, 2022, the claimant was assaulted in a road rage incident while working as a utility meter reader. He sustained a traumatic, incomplete tear of the right rotator cuff, requiring shoulder replacement surgery and biceps tenodesis.

On March 14, 2024, the claimant was in a motor vehicle accident while operating the leased truck, and he stopped working for the employer afterwards. The claimant filed a claim for temporary medical benefits and medical benefits. The employer contested the claim by arguing that the claimant was an independent contractor, and thus they are not liable for worker’s compensation benefits.

In Roadsafe Traffic Systems, two claimants were seriously injured in a motor vehicle accident during their commute to work in a RoadSafe company truck. RoadSafe disputed the claims, arguing that the claimants’ injuries did not arise out of and in the course of their employment as they were commuting to work.

In Gallegos, the claimant sustained an admitted work injury to his neck on September 5, 2019. From September 2019 to April 2022, Claimant alleged considerable pain in his neck, back, and left shoulder. Claimant also reported to his medical providers that he had lower back surgery in 2012, but no other medical history. When his authorized treating providers released him to restricted duty around late October 2019, the claimant worked for two days before asserting he could no longer work due to the pain, and he never returned to work. Upon further investigation, the employer found that the claimant had asserted prior worker’s compensation claims and applied for Social Security Disability Insurance benefits on multiple occasions based on alleged neck, back, and shoulder injuries.

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.