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James Clifton scored a trio of victories. In Gonzales v. Louisiana Pacific, ALJ Martinez held that claimant, represented by Joanna Jensen, Esq., failed to prove that his left shoulder pathology was related to the compensable injury, and denied his claim for medical benefits. In Martin v. Cobre Tire, ALJ Klein denied claimant's claim for penalties. ALJ Klein held that claimant, who was represented by Bethiah Crane, Esq., failed to prove that respondents should be penalized for the manner in which they recovered an overpayment and took an SSDI offset (by reducing weekly permanent total disability payments to zero). The ALJ also held that there was no legal basis for imposition of a penalty for respondents' alleged failure or refusal to provide a "prescription service" for claimant. In Randolph v. Glenwood Motors, prehearing ALJ Kriksciun ordered claimant to submit to case management services and provide a medical records release to the designated case manager.
Richard Bovarnick sacked the opposition a whopping five times. In Boivin v. Safeway, ALJ Klein denied and dismissed claimant's petition to reopen a 2000 claim, as well as claims that claimant, who was represented by Bob Ring, Esq., sustained an industrial injury in August 2002 and an occupational disease in November 2002. In Glenn v. Wal-Mart, ALJ Stuber found
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that claimant was at fault for his termination of employment, and denied his claim for temporary disability benefits. In Miles v. Ehlers, ALJ Friend denied and dismissed a claim for benefits when claimant failed to appear for the second scheduled hearing, and he allowed the hearing to proceed without claimant. In Marek v. Safeway, ALJ Jones denied claimant's claim for additional permanent partial disability benefits and penalties. ALJ Jones also concluded that claimant's crutch use did not cause a shoulder injury, finding the testimony of claimant's expert, Dr. Swarsen, to be unpersuasive. In Garcia v. Wal-Mart, ALJ Friend denied a claim for benefits, agreeing with Mr. Bovarnick that the mere possibility that work may have aggravated a preexisting condition is insufficient to prove compensability.
Gary Fleming earned a win in Cherrington v. Pinnacle Pizza. ALJ Stuber held that claimant's multiple sclerosis was not causally-related to the admitted injury.
Fran McCracken defeated a claim for temporary disability benefits before ALJ Martinez in Bosshardt v. SMJ, Inc.
Harvey Flewelling won a reversal on appeal before the Industrial Claim Appeals Office (ICAO) in Mosley v. Asphalt Paving. ICAO set aside ALJ Felter's penalty assessment against the Colorado Insurance Guaranty Association.
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