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Fran McCracken notched two wins on the Western Slope. In Schneck v. J&R Concrete of Durango and California Indemnity, ALJ Martinez dismissed claimant's claim with prejudice. In Chacon v. Jim's Critter Cutters, LLC and State Farm, ALJ Martinez denied and dismissed the claim after concluding that claimant, who was represented by Luke Brennan, Esq., failed to prove compensability.
Richard Bovarnick twice enjoyed success at the prehearing level. In Wetzler v. Labor Ready, Inc., PALJ Purdie struck claimant's DIME application and determined the claim was closed because claimant did not timely schedule the DIME. In Forsyth v. Wal-Mart Stores, Inc., PALJ Fitzgerald denied claimant's motion for a protective order from being required to attend an IME scheduled by respondents with Dr. Henry Roth. PALJ Fitzgerald found that a six-month interval between IMEs was reasonable under C.R.S. § 8-42-502(5).
Royce Mueller defeated a claim of indigency at a hearing in Forsett v. Labor Ready, Inc., and American Manufacturers Mutual. ALJ Harr held that because claimant was not indigent, respondents were not liable for the cost of a DIME. Claimant was represented by Adam McClure, Esq.
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