July 27, 2026
Successful Appeal of Penalty Order

In this claim, Respondents were issued a penalty for failure to pay the CUE fund as part of an earlier penalty resolution that occurred over six months prior. This penalty order was part of a series of orders from the Division regarding failure to pay funds into the CUE fund at the time of the penalty or settlement.

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July 27, 2026
No Compensable Workplace Injury After Failure to File a Timely Report

The claimant was a CDL driver for the employer, who worked in the frac heating department during the winter. At approximately 4:00 AM one morning, during an overnight shift, the claimant alleged that he was lifting frozen hoses when he felt a pop in his lower back and had pain.

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July 27, 2026
No Compensable Injury

The claimant who had a long history of balance issues, attendance issues, and poor job performance reported to work first thing in the morning seven hours before her scheduled shift. The claimant clocked in and then immediately went to the ladies’ room where she claimed she slipped and fell.

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July 23, 2026
PWC President's Lifetime Achievement Award

Pollart Miller Attorney Eric Pollart received the 2026 Professionals in Workers' Compensation (PWC) President's Lifetime Achievement Award.

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July 13, 2026
Navigating Colorado Rule 6: Offer of Modified Duty

Returning an injured worker to modified duty is a top priority in the administration of a workers’ compensation claim, and it can be a complicated process in Colorado under WCRP Rule 6, Offer of Modified Duty.

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May 4, 2026
Is it a Safety Rule Violation or Horseplay?

Determining whether a claim is compensable is one of the most important decisions underlying any workers’ compensation matter. This presentation is for any claims professional or employer representative who would like to learn more about Colorado’s complex workers’ compensation system.

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April 13, 2026
Recalculation of Recoupment and Offset for Carriers and Employers in Third-Party Settlements

In Auto Owners Insurance, Petitioner settled a third-party claim for $5 million. The claim was brought against third parties involved in a workplace accident that left Petitioner disabled and receiving ongoing workers’ compensation benefits. Auto Owners Insurance Company, the employer’s workers’ compensation insurance carrier, began paying Petitioner’s medical and wage benefits, but stopped paying ongoing benefits once the third-party settlement had been reached. At that point, $2.1 million had been paid to Petitioner’s attorneys for attorney fees and other expenses associated with the third-party action. Additionally, the insurer paid $1.57 million in medical and indemnity benefits. The Workers’ Compensation Act allows for, and requires, that employers and carriers share in the recovery a Petitioner obtains resulting from third-party settlement.

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April 13, 2026
Calculation of Average Weekly Wage Must Include Wages Necessary to be a Fair Approximation

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.

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April 13, 2026
Safety Rule Violation Must Be Willful

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.

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April 13, 2026
Settlement Not Reopened Due to Alleged Fraud

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.

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