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Victories In the trenches

James Clifton experienced the thrill of victory in Kim v. U.S. Home Corporation. Judge Wheelock held that claimant was an independent contractor and thus the claim was not compensable. Mr. Clifton also won on the issue of compensability in Douglas v. Wal-Mart Stores, Inc. Judge Gartland held that claimant failed to prove the spider bite he sustained occurred at work.

Richard Bovarnick successfully defended a claim for medical benefits in Bakken v. Wal-Mart Stores, Inc. Judge Harr found the opinion of Dr. John Bender more persuasive than that of Dr. Tamara Miller on the issue of whether claimant needed a cervical MRI.

Harvey Flewelling and Mr. Clifton earned an appellate victory in Stevens v. Express Personnel Services and Insurance Company of the State of Pennsylvania (ICSP). ICAO affirmed Judge Matoon's order that ICSP was entitled to reimbursement of temporary disability benefits from Colorado Compensation Insurance Authority. Mr. Flewelling and Mr. Bovarnick also teamed for a win on appeal in Jett v. Wal-Mart Stores, Inc., by convincing Director Whiteside to rescind a penalty of $47,700 she had previously assessed against Wal-Mart on her own motion.

Legislative update


House Bill 01-1264, which went into effect May 31, 2001, amended C.R.S. § 8-42-124(6) so that permanent partial disability (in addition to permanent total disability benefits) are subject to assignment pursuant to C.R.S. § 14-14-102(9), garnishment pursuant to C.R.S. § 13-54.5-101(2)(b), and administrative lien and attachment pursuant to C.R.S. § 26-13-122, for purposes of court-ordered child support.  The bill also amended C.R.S. § 8-43-204 by adding subsection (4) to make all proceeds of any workers' compensation award, lump sum settlement and the indemnity portion of any structured settlement subject to garnishment, and administrative lien and attachment, where the claimant owes child support.

Note:  Summaries and articles should not be relied upon as authoritative for a particular case. Consult your attorneys for advice on the application of all the law to the specific facts of your case or legal problem.

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