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.
_______________________________________________________________________
"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.
_______________________________________________________________________
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.