June 2015 | Newsletter | Recent News & Case Law
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Employment Law Tip: 

In the recent Coats decision, the Colorado Supreme Court affirmed employers' rights to zero tolerance drug policies and to terminate employees for marijuana use, even if used medically - premised on marijuana is still illegal under federal law. 

 

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.

TPM in the Community

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 2015 our employees nominated their favorite charities and 12 were selected. In the month of June we raised money via a "Jeans for Charity Friday" for the St. Jude Children's Research Hospital, a charity that has completely changed how the world treats children with cancer and other catastrophic diseases. Its mission is to advance cures, and means of prevention, for pediatric catastrophic deseases through research and treatment.
TPM's 12th Anniversary Celebration

The TPM 12th Anniversary Party was a great success. There were over 100 guests in attendance and our clients and employees feasted on a wonderful spread of food at La Sandia and enjoyed the TPM-12 prickly pear margarita in addition to the wide array of tequilas and other fabulous cocktails! Garrett Chaffey of Sedgwick was the winner of a spectacular gift basket. A big thank you to everyone who helped pull this celebration together and attended.

Pump the Breaks - Is Rule 17 Applicable?

A case TPM attorney Jessica Grimes recently won highlighted Rule 17 and reinforced that respondents should be cognizant before filing admissions on any cumulative trauma conditions (i.e. carpal or cubital tunnel, trigger fingers, etc.). This is because the courts are continually affirming that for a cumulative trauma condition to be a work-related injury, it must meet the causation analysis contained in Rule 17.

In Ms. Grimes' case, the courts found that the claimant's bilateral carpal tunnel syndrome was not compensable simply because the claimant's job required constant and repetitive use of her upper extremities. Rather, the correct causation analysis evaluated the types of activities performed, and whether requisite force, awkward postures, and positioning was involved. 

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"Lawful Activities Statute" Does Not Protect Medicinal Marijuana Users at Work 
 

The Colorado Supreme Court has found that Colorado's "lawful activities statute" C.R.S. 24-34-402.5 does not protect users of medicinal marijuana from being terminated by their employers.  The "lawful activities statute" provides that "[i]t shall be a discriminatory or unfair  employment  practice  for  an  employer  to  terminate  the  employment  of  any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours" unless certain exceptions apply. 

 

The Court found that the statute does not protect employee's because the use of medicinal marijuana is still unlawful under federal law and the Colorado lawful activities statute incorporates federal law, as well as state law in employer/employee relationships.  Even with the monumental changes to Colorado's state laws with respect to marijuana, Colorado employers remain in an equal position to employers in other states with regards to their ability to enforce their own drug policies as long as they remain consistent with federal law.

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 Unexplained Falls & Careful Medical Inspection

When it rains, it pours, and the wins were pouring in for TPM attorney Jessica Grimes as she assisted Brad Miller this month. This case was a panel win where the panel agreed with Ms. Grimes ' and Mr. Miller's arguments and ruled in her client's favor. In this case, the claimant alleged that his fall was unexplained because he couldn't remember how he had tripped and fallen. 

However, upon closer professional inspection of the medical evidence the IME was able to determine that the claimant had fainted due to dehydration. Because he would have had ample opportunity to rehydrate if needed the panel agreed that the injuries were not compensable.
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.