Chris the Crazy Trader, Inc. v. ICAO, 03CA678 (November 20, 2003): Claimant was hired as a full-time employee in a body shop. After two weeks, employer reduced claimant's hours to part-time. Claimant quit the job because he could not afford to continue working the reduced hours and because other employees at the body shop were working significantly more hours than him.
  The hearing officer concluded that claimant quit because of a substantial change in working conditions that were substantially less favorable to him, and  awarded claimant unemployment benefits under C.R.S. § 8-73-108(4)(d), which also provides that no change in working conditions shall be considered substantial if it is determined that the conditions after the change are those generally prevailing for other workers performing the same or similar work. Neither party submitted evidence regarding other employers in the locality.
  The court of appeals affirmed. The court rejected employer's argument that the Division of Employment and Training has a duty to obtain evidence concerning employees doing similar work for other employers in the locality. The Division is an adjudicatory, not an investigatory, body.

Richard Bovarnick defeated a claim for medical benefits after MMI in Albrandt v. Wal-Mart Stores, Inc. ALJ Friend found that the treatment recommended by claimant's physician was not related to the admitted injury.

Gary Fleming and Mr. Bovarnick teamed up for an appellate victory in Holguin and Lopez v. American Lumber Construction. ICAO affirmed ALJ Harr's denial of death benefits. Mr. Fleming also earned a victory in Arapahoe County District Court in Bryson v. Denny's Restaurant. The judge granted summary judgment and dismissed plaintiff's discrimination and infliction of emotional distress claims.

Cheryl Martin defeated a claim for medical benefits and temporary disability benefits in Artega v. Nobel Sysco Food Services, Inc. ALJ Jones held that claimant, represented by Bob Ring, Esq., failed to overcome a DIME by Alexander Jacobs, M.D., by clear and convincing evidence.

Fran McCracken won on the issues of average weekly wage (AWW) and temporary partial disability (TPD) benefits in Wishart v. Integrated Health Services, Inc. ALJ Martinez held that claimant, represented by Amy Eaton, Esq., was not entitled to an increase in AWW based on overtime and bonuses claimant received while working as a registered nurse in the year prior to the admitted injury. Claimant was working at a salaried management position at the time of the injury, and she failed to prove that she would have earned overtime and bonuses in her new position but for the injury. The ALJ also denied claimant's claim for TPD benefits because the employer continued to pay claimant wages at a rate higher than the TPD rate.

James Clifton stifled a claim for temporary disability benefits and compensability of left carpal tunnel, left shoulder and neck symptomatology in Otero v. City of Grand Junction. ALJ Martinez held that claimant, who was represented by Amy Eaton, Esq., failed to prove that his alleged new symptoms were related to the admitted left elbow injury.

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.