Mullens v. Hansel-Henderson, 01SC622 (December 16, 2002): The supreme court reversed a court of appeals order that claimant's attorney Steven U. Mullens had to return fees received for legal services when the services were successfully completed but the fee agreement was not in writing. The supreme court held that an attorney is entitled to fees under quantum meruit when the agreed upon services are successfully completed but the contingent fee agreement is not in writing.
James Clifton defeated a claim in Kennel v. Goodwin Septic Tank Services and State Farm Fire and Casualty Company. Judge Martinez held that claimant's bilateral carpal tunnel was not the result of the compensable automobile accident.
Richard Bovarnick earned a denial and dismissal of a claim in Martinez v. OEA, Inc., and ACE, USA. Judge Henk found the pro se claimant's testimony to be incredible. Mr. Bovarnick also won a full contest hearing in Forbes v. Wal-Mart. Judge Friend held that claimant's fall on a level concrete surface was unexplained and did not arise out of employment.
Harvey Flewelling, Gary Fleming and Mr. Bovarnick combined for an appellate win in Edwards v. Wal-Mart. ICAO affirmed Judge Stuber's order which denied claimant's petition to reopen.
Colorado Springs Disposal is the Law
On November 25, 2002, the Colorado Supreme Court denied ICAO's petition for writ of certiorari in ICAO v. Colorado Springs Disposal, 01CA464 (March 28, 2002). This means that the term "employment" in the "termination statutes," §§ 8-42-103(1)(g) and 8-42-105(4), C.R.S., encompasses both regular and modified employment. Thus, where a claimant is responsible for termination of regular or modified employment, the resulting wage loss shall not be attributable to the industrial injury.
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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.
