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Victories In the trenches

Ed Hook achieved a remarkable and hard-fought victory in Armbruster v. Rocky Mountain Cardiology and State Farm Insurance. Judge Friend granted respondents' request to withdraw their admissions of liability, held that respondents overcame a DIME by Dr. Bennett Machanic by clear and convincing evidence, denied claimant's request for penalties, and then denied and dismissed the entire claim! Claimant was represented by attorney Mark Elliott.

James Clifton earned two recent wins. In Sandoval v. Gibson's Discount Center and REM, Judge Martinez denied a petition to reopen by claimant, who was represented by attorney Christopher Seidman. In Snodgrass v. Wal-Mart, Judge Martinez denied a claim for temporary disability benefits by claimant, who was represented by attorney Joanna Jensen.

Harvey Flewelling won at two hearings and teamed with Mr. Clifton for wins on two appeals. In Porter v. Wal-Mart, ICAO set aside Judge Martinez's order regarding average weekly wage. In Mosley v. Asphalt Paving Co. and CIGA, ICAO upheld Judge Felter's average weekly wage order. Also, at hearing in Mosley, Judge Felter denied a claim for penalties by claimant. In Garcia v. Allied Mechanical and California Indemnity Insurance, Judge Felter denied and dismissed the claim.

Klein named newest ALJ


James C. Klein will assume new duties as an ALJ with the Division of Administrative Hearings in Denver and the Western Slope starting in September 2002. Klein has been a Prehearing ALJ since July 1994. He previously spent three years as an Assistant Attorney General, and three years in private practice. He received his law degree from the University of Denver in 1987. In announcing ALJ Klein's hiring, Director Michael Williams said: "Judge Klein brings a great deal of workers' compensation experience to the Division. He has a great sense of humor, a balanced judicial temperament and his professionalism will further our commitment to integrity in decision making."

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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