2020 Workers’ Compensation Rule Updates

The Division of Workers’ Compensation seems to be on a constant mission to tweak various workers’ compensation rules of procedure. … Read More

FINE, FINE EVERYWHERE A FINE – EXCESSIVE FINES BY DOWC

BACKGROUND On June 3, 2019 the Colorado Supreme Court issued a published opinion captioned Colorado Department of Labor and Employment,… Read More

Rules Are Meant to be Broken – or At Least Updated. 2019 Rule Updates

2019 brings changes to two Rules that affect Colorado Workers’ Compensation. Rule 11 and Rule 16 have both been revised… Read More

DIMEs ARE NOT WORTH A DIME and/or ICAO’S DESCENT (VIA DISSENT) INTO MADNESS

BACKGROUND On February 26, 2018 Industrial Claim Appeals Office (ICAO) issued an opinion captioned Yeutter v. CBW Automation, Inc. and… Read More

SETTLEMENTS POST ENGLAND

The Colorado Supreme Court issued an opinion on May 30, 2017 in England v. Amerigas Propane, 395 P.3d 766 (Colo…. Read More

COLORADO UNINSURED EMPLOYERS AND A POSSIBLE NEW FUND

BACKGROUND There has been growing governmental concern in the State of Colorado over uninsured employers. Changes to the Workers’ Compensation… Read More

DEPARTMENT OF LABOR REPORT

BACKGROUND In October 2015, National Public Radio (NPR) and ProPublica did a report over the differences between the states workers’… Read More

COLORADO SUPREME COURT CLARIFIES THE FIREFIGHTER CANCER STATUTE

BACKGROUND In 2007 the Colorado Legislature enacted a firefighter cancer presumption statute at Section 8-41-209, C.R.S.  The statute created a… Read More

Legislative Mid-Session Update 2016

The 2016 legislative session is half over. The deadline for introduction of bills has come and gone; however, late bill… Read More

SUBROGATION – SALE OF THE LIEN

BACKGROUND Colorado’s workers’ compensation subrogation statute, located at S 8–41–203, C.R.S., is poorly worded and has become more complex through… Read More

Overview of General Liability, Workers’ Compensation, and Employment Law ­Issues in K-12 Educational Institutions

This article, written by Of Counsel Frank Cavanaugh and Associate Jenna Zerylnick, examines tort liability, workers’ compensation, and employment law issues… Read More

THIRD-PARTY RECOVERY (2 – 4 – 6 – 8 Let’s Go Subrogate!)

As you are probably aware, the Colorado Workers’ Compensation Act has a statute giving a subrogation right to the payer… Read More