Employment Law Tip:
Starting in December 2016, the salary threshold to avoid paying overtime will move to $913 per week (an annual salary of $47,476). The Department of Labor (DOL) originally proposed a threshold of $970 per week ($50,440 annually), but the new rule reached a compromise based on the 40th percentile of income for salaried full-time workers in the region of the US with the lowest wages (currently the South). Further inflation adjustments will be made every three years thereafter using the same 40th percentile criteria.
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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Autism Society of Colorado
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 May TPM will donate to the Autism Society of Colorado. The mission of the Autism Society of Colorado is to improve the lives of all affected by autism. This includes families, providers, educators, and members of the community. At ASC, we work to advocate, inform, and share the journey with thousands of Coloradans.
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Complex Regional Pain Syndrome
In a recent win for TPM attorney Brad Miller, an ALJ found that claimant did not have complex regional pain syndrome (CRPS) despite the existence of the following evidence: (1) a well-known expert on CRPS (Dr. Tashoff Bernton) strongly opined that the medical condition existed; (2) there were multiple positive confirmatory tests for CPRS including a positive thermogram and QSART testing; and (3) the attending treating physician (Dr. Gretchen Brunworth) also strongly opined that claimant had CRPS.
Many employers and insurance carriers may have admitted that the claimant had CRPS based on the evidence detailed above. Mr. Miller instead hired an expert witness who ultimately found that the alleged confirmatory tests were false positives. More importantly, the expert credibly testified in detail that the claimant did not meet the Colorado Treatment Guidelines which, in addition to the two positive confirmatory tests, require multiple physical findings to support the existence of the condition.
The ALJ was ultimately persuaded that the condition did not exist based in part on the fact that claimant did not have the necessary physical findings to meet the Colorado Treatment Guidelines and a stellate ganglion block also failed to provide any symptom relief.
The highlight of the hearing occurred when Dr. Brunworth was asked to physically show the ALJ in open court where swelling was present in claimant's knee. She repeatedly touched and manipulated the affected area of the lower extremity in front of the ALJ and the claimant had no resulting pain behavior. Respondents' medical expert testified that if the claimant actually had CRPS, that he would not be able to tolerate such touching of the affected area. The ALJ agreed with this argument when denying the claim for CRPS.
This case stands for the proposition that employers and insurance carriers should not automatically accept that a claimant has CRPS just because confirmatory testing such as a QSART and thermogram are positive. Instead, the Colorado Treatment Guidelines need to be carefully consulted and followed to determine whether the condition actually exists.
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Should All Claims be Reopened?
In a recent win for TPM attorney
Jacqui Condon, claimant was trying to reopen his claim to cover a total knee replacement. However, Respondents' IME doctor noted that based upon the claimant's history and current symptoms, his presentation and pain were the result of degenerative arthritis of the right knee. Applying the Medical Treatment Guidelines, the ALJ ultimately determined claimant's condition was preexisting and not aggravated, accelerated or caused by the work injury. This case is an excellent example of utilizing proper application of the Medical Treatment Guidelines when addressing a request for total joint replacement surgery, following a work injury, in the presence of a preexisting underlying arthritic condition.
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Fighting Against TTD/Wage Loss
While the claim was still found compensable, TPM attorney
Christin Bechmann was able to save respondent over $50,000 in benefits. Claimant was seeking temporary total disability/wage loss. While the claimant was on the stand Ms. Bechmann was able to get the claimant to admit that she had been terminated for cause. She was not entitled to wage loss because she had not lost time as a result of the work incident prior to being fired.
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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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