Effective January 1, 2017, Colorado e
mployers must allow current and former employees to inspect and copy their own personnel files. This inspection permission will occur annually for current employees and once after employment ends for terminated employees. Employees can be required to pay the reasonable cost of copying documents.
|
Volunteers of America
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 2017 our employees nominated their favorite charities and 12 were selected. In the month of February TPM will donate to the Volunteers of America's Meals on Wheels program. Meals on Wheels, delivering meals to home-bound seniors. Each meal consists of an entree and accompaniments such as vegetables, fruits, breads, milk, etc. that are needed to provide at least one-third of the recommended daily nutrients for older adults. The meals are low in fat and cholesterol and provide the valuable nutrients older adults need without the additional calories.
|
|
 |
|
Employee Terminated For Cause Seeks Wage Loss Benefits and is Denied
TPM attorney
Christin Bechmann recently prevailed in a case where claimant was seeking wage loss benefits. Claimant was involved in an admitted work accident prior to being terminated.
Respondents argued that claimant was terminated for poor job performance. Claimant argued he was not given adequate training and the prescription medications caused him not to perform his job duties adequately.
However, because there was clear evidence that claimant was terminated for cause based on convincing testimony that claimant was given every opportunity and tool to improve his work performance and did not, the judge denied and dismissed his claim for wage loss benefits.
|
|
|
Recent Case Review Highlights
|
Andregg v. Arch Coal
An ALJ's consideration of the Medical Treatment Guidelines may include deviations from them where there is evidence justifying the deviations.
Respondents sought review of an order which held them liable for maintenance medical benefits. At issue was whether Andregg's Tramadol prescription was reasonable and necessary to maintain him at maximum medical improvement (MMI).
Andregg had admitted to a previous opioid dependence when he was taking Hydrocodone and MS Contin. Andregg also admitted he was aware of the possibility of becoming dependent on Tramadol. Respondents' IME doctor opined that Andregg's use of any opioid was not reasonable and necessary to maintain MMI.
Andregg testified that he was able to function with the use of Tramadol, and that his quality of life had improved since beginning its use. The ALJ therefore ordered the respondents liable to pay for the medications including Tramadol.
On appeal, the respondents argued that Tramadol was not reasonable and necessary. The respondents further argued that the ALJ's order violated Rule 17 of The Medical Treatment Guidelines. Particularly, that Tramadol is not recommended for those with prior opioid addictions.
ICAP opined that while the Guidelines are regarded as accepted professional standards for care under the Workers' Compensation Act, an ALJ's consideration of the Guidelines may include deviations from them where there is evidence justifying the deviations. ICAP noted that the ALJ was satisfied that Andregg's testimony that had a good response to Tramadol and that his life had improved since he began its use.
Hayes v. PAE Holding Corp
Beware of Lupas
This case has highlighted the impact Lupas and other autoimmune disorders can have on corroding the body's joints. In addition, it also highlights that ICAP will not interfere with an ALJ's assessment of the probative value of evidence, as ICAP elaborated that the ALJ need not to address every piece of evidence if the bases of the order are clear from the findings, and the evidence not addressed was presumably rejected as not persuasive.
Hayes sought review of an order, which denied her claim for medical and temporary disability benefits when the ALJ found that the claimant's shoulder condition did not arise out of and in the course of the claimant's employment. Hayes worked for the employer as a fire sprinkler technician which required her to inspect and maintain the sprinkler systems. An MRI of her right shoulder revealed that she suffered from a rotator cuff tear.
The respondents arranged for the claimant to be seen and evaluated by Dr. Klajnbart, who noted the claimant had been previously diagnosed and treated for rheumatoid arthritis and for systemic lupus. Dr. Klajnbart described how both arthritis and lupus are disorders of the autoimmune system, which had the effect of attacking and corroding the body's collection of joints. Dr. Klajnbart concluded the claimant would have developed a rotator cuff tear due to lupus, arthritis and the aging process regardless of whether she had worked on fire sprinkler systems. The ALJ found Dr. Klajnbart's explanation of an injury due to the degenerative effects of arthritis, lupus and age to be compelling. The credibility attributed to expert medical opinion on the issue of causation was found to be within the ALJ's province as fact-finder.
|
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.
|
|
|
