Northern Telecom, Inc. v. ICAO, 02CA2052 (December 24, 2003): The ALJ imposed a penalty of $91,000 under C.R.S. § 8-43-304(1) for respondents' failure to pay a medical bill in the amount of $412.40 for 182 days. The court of appeals set aside the penalty. The court held that the penalty was grossly disproportionate to the respondents' conduct, and was unconstitutionally excessive.

Richard Bovarnick posted four recent victories. In Abare v. Wal-Mart, Mr. Bovarnick persuaded claimant to withdraw the claim of an alleged work-related hernia after a successful evidentiary deposition of claimant's ob-gyn. In Avilez v. Wal-Mart, claimant withdrew his attempt to overcome a DIME following the DIME physician's deposition. In Snyder v. Tibbet and Britten Group, ALJ Coughlin set aside Director Whiteside's order to show cause why penalties should not be imposed for refusing to convert a scheduled impairment rating to a whole person rating and refusing to combine to converted upper extremity rating with a cervical spine rating for cap purposes. In Tibbitts v. Rotech Healthcare, ALJ Jones denied and dismissed an occupational disease claim.

Ed Hook defeated a claim for permanent total disability benefits once again in Menor v. Jefferson County School District R-1. On remand, ALJ Muramoto again refused to recuse herself despite opposing counsel Steven U. Mullens' allegations of bias against him and his client.

Harvey Flewelling won summary judgment on the issue of penalties in Lang v. Baab Steel, Inc. ALJ Stuber agreed with Mr. Flewelling that insurer Colorado Insurance Guaranty Association is statutorily immune from penalties.

Clifton, Hook & Bovarnick, P.C., wishes the best of luck to former Senior Associate Attorney Gary L. Fleming, who has joined American Family Insurance as in-house counsel effective March 22, 2004.

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.