The attorneys at Clifton, Hook & Bovarnick, P.C., are available to discuss specific legal questions or provide general background on legal topics. Please call us at (303) 988-7692, or fax us at (303) 988-7724, with your questions or to set up a seminar with our attorneys.
James Clifton earned a denial and dismissal of a full contest claim in McDowell v. Carrie Kellerby d/b/a Paradise Restaurant and Legion Insurance Company. Judge Martinez concluded that the claimant was an independent contractor.
Richard Bovarnick succeeded in striking a claim for penalties in Cervantes v. Wal-Mart Stores, Inc. Judge Jaynes agreed that the provisions for medical preauthorization in W.C.R.P. XVI do not apply to fully contested claims, even where medical benefits have been paid gratuitously.
Royce Mueller and Harvey Flewelling combined for two appellate victories. In Omer v. Lonestar Steakhouse and General Accident Insurance Company of America, the court of appeals affirmed Judge Stuber's order that respondents' were not liable for medical testing ordered by a Division IME physician. In Lee v. J. Garlin Commercial Furnishings and TIG Insurance Company, ICAO upheld Judge Muramoto's order that respondents overcame Dr. Bennett Machanic's Division IME impairment rating for ankylosis by clear and convincing evidence.
Tiffany Scully successfully closed a claim in Bell v. Wal-Mart Stores, Inc. The ALJ held that notice of a petition to close to claimant's attorney constituted notice to the claimant.
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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.