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Victories In the trenches

Certiorari granted in Dyrkopp case


On September 10, 2001, the Colorado Supreme Court granted claimant's petition for writ of certiorari in Dyrkopp v. Denver School District #1 to review the court of appeals' decision that a final admission of liability which admits for medical, temporary total disability, and permanent partial disability, but does not admit for the issue of permanent total disability (PTD), is sufficient under the Workers' Compensation Act to close a claim for PTD benefits.

James Clifton bested Steven U. Mullens in a joust before ALJ Stuber in Pezoldt v. Cendant Corporation. The ALJ ordered claimant to pay penalties for failure to timely return a request for release of medical records. Mr. Clifton also defeated a claim for temporary total disability and medical benefits before ALJ Martinez in Prudence v. Louisiana Pacific Corp.

Richard Bovarnick also notched two victories. In Feck v. Grand Electric Company, ALJ Friend denied a claim for medical benefits after finding that claimant's low back problems were not caused by the industrial injury. In Hernandez v. Wal-Mart Stores, Inc., ALJ Coughlin denied claimant's motion to take the evidentiary deposition of the out-of-state adjuster on the grounds that the claimant was required to first serve written interrogatories on respondents before seeking a deposition.

Ed Hook and Harvey Flewelling combined to defeat an appeal in Gonzales v. Interim Personnel. ICAO affirmed ALJ Wheelock's order which held a subsequent employer liable for claimant's occupational disease.

Tiffany Scully overcame a Division IME impairment rating by Dr. Kem by clear and convincing evidence before ALJ Harr in Mata v. Waste Connections.

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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