July 16, 2025
Delay in Reporting Work Injury to Medical

The claimant alleged a left shoulder injury on September 28, 2022, after catching a falling tray holding containers of ice cream. The claimant reported the alleged injury to her employer on the same day but did not pursue medical treatment for her injury.

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July 16, 2025
Evidence Required from a Psychiatrist or Psychologist to Support Mental

The claimant was employed as a Continuing Care Assistant and was assigned to Colorado Mental Health Hospital. On the date of the claimant’s alleged injury, she was assigned to monitor a patient who was classified as a suicide risk and had a known history of violence. . The claimant did not present any medical evidence in support of this contention.

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July 16, 2025
Notice of the Final Admission of Liability

Claimant argued that the Final Admission of Liability should be void ab initio, or void “from the beginning,” because it was not filed with the Division.

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July 15, 2025
Hearing on the Issue of Average Weekly Wage and Additional Temporary Disability Benefits

After a final admission was filed, the claimant applied for a hearing on the issue of average weekly wage (AWW) and additional temporary disability benefits. Respondents argued that the admitted AWW had already given the claimant the benefit of excluding a week when she had no earnings at all for reasons unrelated to the work injury and that the AWW should be based on the claimant’s actual earnings rather than her expectations.

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March 21, 2025
Claimant Failed to Demonstrate Work-Related Injury

A claimant argues for compensability due to an alleged shoulder sprain from repeatedly lifting a forty-pound plate but fails to demonstrate the injury occurred in the course of employment.

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March 20, 2025
Injury Outside the Course and Scope of Workday

Respondents withdraw an admission of liability upon discovery of ankle injury occurring late at night outside of the claimant's scheduled workday.

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March 20, 2025
Injury Found Not Compensable Despite Video Showing Claimant Falling

A trip and fall injury at work is found not compensable even though a video shows the claimant falling due to prior knee inury and chronic degenerative changes.

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March 20, 2025
Medical Records vs. Claimant's Testimony

Claimant fails to demonstrate she suffered a work injury during employment as her diagnoses were ruled not work related and her testimony was found not credible.

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December 9, 2024
Mental Health Injury Must Be Supported By a Psychiatrist or Psychologist

The claimant, a security guard, alleged a work injury arising out of a restraint of a patient in a hospital. The claimant sustained very minor physical injuries. He later claimed PTSD.

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December 9, 2024
Omission of Prior Work Injury and Overcoming the DIME

Respondent requested a hearing to overcome the Division IME as to impairment and causation of a work injury. The ALJ found the low back and SI joint issue was not related to the work injury due to a lack of disclosure of a previous injury, significantly reducing the impairment exposure on the claim.

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