The Shiny New DIME
Over the past year, the DIME process under WCRP 11 (Rule 11), has undergone a…
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INJURED INDEPENDENT CONTRACT DRIVER – “ARE YOU COVERED UNDER WORKERS’ COMP?”
The driver of a commercial vehicle carrying 78,000 pounds is going too fast around a…
UPCOMING CHANGES TO WCMSA REPORTING REQUIREMENTS
In a May 11, 2011, memorandum, the Centers for Medicare and Medicaid Services (CMS) reiterated…
THE PITFALLS OF VERIFYING COVERAGE ON CONSTRUCTION SITES
The Colorado Division of Workers’ Compensation is vigorously investigating whether contractors on construction sites are…
CLARIFICATION OF CMS NON-SUBMIT EVIDENCE-BASED MSAs
In a May 11, 2011 memorandum, the Centers for Medicare and Medicaid Services (CMS) reiterated…
Colorado Overtime & Minimum Pay Standards Order
Colorado recently took steps to increase the salary threshold for employees falling under the “white…
NEW COLORADO RULE ADDRESSING “USE-IT-OR-LOSE-IT” VACATION POLICIES
As of December 15, 2019, the Colorado Department of Labor and Employment (CDLE) has a…
Working From Home and Workers’ Compensation
In 2019, Colorado earned the top spot for the highest percentage of employees who work…
Alligators, Burritos and Bears – Oh My!
Having litigated several “assault” cases, nothing ceases to amaze this author more than the vast…
“Wind” Will This Ever End?
As we recently celebrated the 4th of July with family and friends, we must not…
FINE, FINE EVERYWHERE A FINE – EXCESSIVE FINES BY DOWC
BACKGROUND On June 3, 2019 the Colorado Supreme Court issued a published opinion captioned Colorado…
NEW COLORADO LAW LIMITS OPIOID PRESCRIPTIONS
Colorado is addressing the ongoing opioid epidemic with an array of public and private initiatives. …
The Ongoing Dilemma of Intermittent FMLA Leave
Intermittent FMLA leave is a giant thorn in the side of human resource professionals across…
Workplace Bullying
Does workers’ compensation insurance cover mental, and manifesting physical injuries resulting from workplace bullying? A…
Helmet to Helmet
It’s hard to believe that the 2018 NFL football season is coming to an end…
Recovery of Overpayments in Workers’ Compensation Claims
The issue of overpayments has drawn much attention in recent years. Several claims have gone…
The Cross Contamination between Workers’ Compensation and OSHA: Considerations for Handling Blood-Borne Pathogen Claims in Colorado and Arizona.
Exposure to blood-borne pathogens presents unique risks in the work place. Workers in health care…
Injuries Sustained Coming and Going From Work – When Are They Compensable?
We typically think of compensable injuries occurring when the employee is already at their place…
#MeToo and EPLI Policies
In response to the #MeToo movement, companies have begun taking an increased role to prevent…
Acts of Employees that Reduce Compensation
There are a few defenses often overlooked when investigating a workers’ compensation claim and deciding…
Injuries Resulting from Workplace Violence — When Are They Compensable?
We have all heard the grim news; a school in Parkland, a concert in Las…
The Workers’ Compensation System as a Prescription for Addiction
The workers’ compensation (WC) system provides the perfect prescription for opioid addiction. There are three…
LEGISLATIVE UPDATE — FIRST RESPONDERS’ COVERAGE FOR PTSD
2017 saw more legislative action related to workers’ compensation than Colorado has seen for the…
OBAMA-ERA FAIR LABOR STANDARDS ACT OVERTIME RULE DEFEATED
Last year, the Department of Labor instituted a new overtime rule under the Fair Labor…
SETTLEMENTS POST ENGLAND
The Colorado Supreme Court issued an opinion on May 30, 2017 in England v. Amerigas…
A FIRST! FDA REQUESTS WITHDRAWAL OF OPANA® ER FROM THE MARKET; MANUFACTURER ACQUIESCES
Amid the nation’s ongoing and “unprecedented opioid epidemic”, (per the U.S. Department of Health and…
To File or Not to File? That is the Question
An incident takes place within the course and scope of claimant’s employment. Claimant is confirmed…
AMA Guides to the Evaluation of Permanent Impairment, Third Edition, Revised: What Are You Doing Colorado?
One of the questions I hear frequently about the Colorado workers’ compensation system from risk…
COLORADO UNINSURED EMPLOYERS AND A POSSIBLE NEW FUND
BACKGROUND There has been growing governmental concern in the State of Colorado over uninsured employers.…
EMPLOYEE OR INDEPENDENT CONTRACTOR?
Why is it important to know if the person working for you is an employee…
NEW OVERTIME RULES
The Department of Labor’s (“DOL”) new overtime rules take effect December 1, 2016, and employers…
DEPARTMENT OF LABOR REPORT
BACKGROUND In October 2015, National Public Radio (NPR) and ProPublica did a report over the…
OSHA Injury and Illness Reporting Requirements
The Occupational Safety and Health Administration (OSHA) requires many employers with ten or more employees…
Investigation of Outstanding Medicaid Liens in Workers’ Compensation Claims
The Colorado Department of Health Care Policy and Financing, through its Medicaid program, is responsible…
A Painful Step in Addressing the Opioid Epidemic: An Overview of the 2016 CDC Guidelines
The growing epidemic of chronic opioid use and addiction, and its consequences, permeates the American…
The EEOC’s New Wellness Program Rule
On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) released its own final regulations…
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,…
Sexual Orientation Discrimination: EEOC Initiates its Next Title VII Challenge
A new era of discrimination lawsuits is upon employers nationwide. Last month, the U.S. Equal…
History of Workers’ Compensation, Part III, Emergence of the Modern-Day System
This is the final piece of a three-part series surveying the history of workers’ compensation.…
Personnel Files in Colorado: Who owns the file and what privacy interests are involved?
This is a question that I repeatedly see throughout the year and it comes in…
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…
The History of Workers’ Compensation Part II: The Rise of Workers’ Compensation Coverage
This second segment, of the three part series on the history of workers’ compensation law,…
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’…
The Ongoing Dilemma of Intermittent FMLA Leave
Intermittent FMLA leave is a giant thorn in the side of human resource professionals across…
History of Workers’ Compensation Law: Part 1, Ancient Beginnings
The modern day workers’ compensation system has a long, and often dark, history. The concept…
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…
Colorado Supreme Court Tackles Medical Marijuana
The Colorado Supreme Court, one-week ago, issued a highly anticipated decision implicating employment law related…
Researching Narcotic Prescription Information In Colorado
A ubiquitous problem in workers’ compensation patient care, as well as in the general clinical…
Reimbursement and Recovery
Reimbursement and Recovery – Medical Care Providers Increasing costs of medical care have created reimbursement…
The 180 Day Ticking Time Bomb
The Colorado Governmental Immunities Act: The 180 Day Ticking Time Bomb for Filing a Subrogation…