The USCIS has released a new version of the Form I-9 Employment Eligibility Verification. Employers should now start using the new 11/14/2016 version, which will become mandatory on 01/22/2017. Until then, employers may use the 03/08/2013 version. By 01/22/2017, employers must use the new Form I-9 for all new hires, and also for re-verifying any existing employees who require re-verification of their work authorization. For re-verifying an existing employee, the employer must complete Section 3 of the new version and attach it to the employee's existing I-9. The issuance of the new I-9 version does NOT compel an employer to complete brand new I-9s for its entire existing workforce in a blanket fashion.
For questions on how best to implement within your company's policies and procedures, please contact us here at Thomas Pollart & Miller LLC at
(720) 488-9586.
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Miracles for Mito
Good works. Supporting non-profit organizations is one way that the employees of TPM fulfill their wish to do good for the community. At the beginning of 2016 our employees nominated their favorite charities and 12 were selected. In the month of November TPM will donate to Miracles for Mito. Their mission is to ensure that no individual family has to be alone awhile trying to understand the complicated mitochondrial diagnosis. They seek to improve the resources and information available to individuals and families that are coping with Mitochondrial Disease in the Rocky Mountain Region. They focus on awareness, education, support and advocacy for children and adults.
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TPM Open House
 TPM is celebrating our brand new office space at our Open House! Come check out the new digs and enjoy hors d'oeuvres and cocktails. We're located just one building south of our old office. If you use the east entrance, please proceed to the western stairwell or elevator to access our entryway. We look forward to seeing you there!
RSVP Here
December 8, 2016
4:00 PM - 7:00 PM
Thomas Pollart & Miller LLC
5700 South Quebec Street, Suite 200
Greenwood Village, CO 80111
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Requesting All Damages & Forms of Relief
Attorneys
Emma Jamerson and
Joe Irwin recently obtained a $989,791.71 judgment from Arapahoe County Court Judge Thomas Pratt. The judgment came after a default damages hearing resulting from claims against the defendant of outrageous conduct, assault, battery, sexual harassment, hostile work environment, false imprisonment, harassment, retaliation, wrongful discharge, and civil conspiracy.
After the defendant defaulted, the issue remaining for Plaintiff to prove was the scope and amount of her damages. Both Attorneys Jamerson and Irwin elicited sympathetic and precise testimony from the Plaintiff, and presented adequate evidence through medical records, medical bills, and an interest calculation to persuade Judge Pratt. Ultimately, Judge Pratt agreed and found in favor of the Plaintiff on all damages requested. Plaintiff was awarded damages for back and front pay under Title VII, compensatory economic damages under her tort claims, compensatory non-economic damages for her tort and Title VII claims, pre-judgment interest and post-judgment interest. Attorneys Jamerson and Irwin were also successful in proving punitive damages and attorney fees under Title VII.
The default hearing is a great reminder to all Plaintiff's counsel to request all damages and forms of relief available.
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An Admitted Accident Does Not Always Result In a Compensable Claim
TPM attorney
Brad Miller recently prevailed in a case where claimant admittedly suffered an "accident" at work when her chair back dislodged from the frame of the seat. The "accident" was witnessed by several other employees. Nevertheless, the ALJ denied the claim finding that there was no resulting compensable "injury" despite the occurrence of the admitted "accident."
The key to this case was the distinction in the Workers' Compensation Act which creates a distinction between an "accident" and an "injury". No benefits can flow to the victim of an "accident" unless that accident also causes a compensable "injury." To prove a compensable "injury," the accident must cause permanent disability or the need for formal medical treatment.
In this particular case, respondents' medical expert found that the admitted "accident" did not cause any need for medical care. Specifically, respondents' expert instead found the need for medical treatment to be related to claimant's pre-existing history of low back problems. The ALJ agreed with this opinion and denied the claim with prejudice as there was no evidence of any resulting compensable "injury."
The take away lesson from this case is that a claim is not necessarily compensable just because there is an admitted "accident."
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Thomas Pollart & Miller LLC is a civil litigation law firm that provides legal services to businesses throughout Colorado, Nebraska and Utah. The firm's more than 55 legal professionals are dedicated to serving the needs of our clients.
Our goal is simple
: to be the legal service provider and partner of choice for civil litigation. We accomplish this by providing superb client service, aggressive representation and sound advice to achieve our clients' business and litigation goals. We have the experience and resources of an established firm, with the personal attention and sensitivity to costs uniquely tailored for each client.
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