May 2018 Newsletter

Congratulations go out to  Eric Pollart  as the winner of the 2018 Professionals in Workers' Compensation  Outstanding  Respondent Attorney Award for the second year in a row!
On May 10, 2018, Kim Brown, Paralegal at Pollart Miller, co-chaired the Third Annual Paraprofessional Event hosted by the CDLA. It was held at Maggiano's downtown and approximately 45 paraprofessionals attended from companies throughout the Denver metro and Colorado Springs area. This event gives paraprofessionals the chance to connect with their peers and encourages professional development.
Seminar
Thank you to everyone who participated in our 2018 Annual Workers' Compensation Seminar! It was a great success and we hope to see you all there next year!

Special thanks to Erin Brockovich, Dr. Henry Roth, Jathan Janove and Director Paul Tauriello and our sponsors: First Medical Advisory Group, Integrated Medical Evaluations, Advanced Professional Investigations, ExamWorks, Stevens Koenig Court Reporting, Where 2 Transportation, Epiq, Genex, Keyop Plus, and Select Physical Therapy.
Webinars
Pollart Miller LLC will be hosting a webinar on June 19, 2017 at 12:00 PM MDT entitled What's it Worth? Valuation and Resolution Strategies for Colorado Workers' Compensation Claims  presented by Eric J. Pollart and Christopher K. Gray
 
To register, click here:
 
After registering, you will receive a confirmation email containing information about joining the webinar.  

A major back surgery is not necessarily "curative" and a claimant does not have to petition to reopen his claim where previously closed after MMI, and can obtain the surgery as "maintenance" care. [more]


TTD is suspended the day of the ALJ's order finding the claimant engaged in "injurious practice" by unilaterally cancelling his surgery, not the date of the cancelled surgery itself. [more]

 
Witness statements collected during investigation of a claim will be ruled inadmissible hearsay and not a business record of the employer. [more]


Respondents can prove a common law marriage to terminate a surviving spouse's death benefits, but must prove cohabitation and reputation in the community that the parties hold themselves out as man and wife. [more]

 
If the employer fails to designate an ATP at the time of the injury, the right passes to the injured worker, but the injured worker must select a "physician or chiropractor" and not a social worker or similar provider who is not a physician or chiropractor. [more]


ICAO reversed direction and holds that a claimant may commence the selection of a DIME in a medical-only claim.  [more]
Winner's Circle


Michelle Prince successfully defended an attempt to increase  AWW that was premised on taking only a snapshot of claimant's wages prior to the injury, as opposed to considering the entire employment period.  [more]



Brad Miller recently prevailed on a claim in Colorado involving an admitted motor vehicle accident.  The claimant was driving a bus which was involved in an accident with another vehicle. [more]
Monthly Family Law Update
What is a "No-Fault" State?

Colorado is a "no-fault" state, but many don't understand what that means in the context of divorce laws.  Prior to Colorado becoming a "no-fault" state, both spouses had to either consent to a divorce. [more]



Monthly Criminal Law Update

The Supreme Court recently overturned a long standing sport betting law which essentially banned betting on sports at the federal level. The Supreme Court justices found the law violated the anti-commandeering clause of the Tenth Amendment.  [more]

Legislative Corner

While out the outset of the session it appeared that there may be some changes on the horizon as it relates to workers' compensation and subrogation, the session wrapped on May 9, 2018 with very little actual changes that will affect the adjusting of claims here in Colorado.  [more]
Associate Watch
Spotlight on: 

Jessica Grimes grew up in Middletown and Newport, Rhode Island, a beach and sailing tourist town in the smallest state.  She attended Boston College, where she competed nationally on the Synchronized Skating team and studied history and French.  Thinking that academia was for her, upon graduation with honors from Boston College, Jessica moved out to the University of Chicago to study the field of European History.
 
After obtaining her Masters from the University of Chicago ("where fun comes to die"), Jessica re-evaluated her options, deciding to attend law school as a practical career option.  She returned to her home state of Rhode Island and enrolled in the Honors Program at Roger Williams University School of Law.  Upon graduation, she became RWU Law's first graduate to be selected from a highly competitive national pool of applicants into the United States Department of Justice's Honors Program.  That program landed her in Denver, Colorado where she worked as an Attorney Advisor within the Executive Office of Immigration Review. Jessica began her practice of insurance defense in 2012 and has been defending employers and insurers ever since.
 
When not in the halls of Pollart Miller, Jessica spends her time playing tennis and golf and volunteering with the Junior League of Denver (where she has been a Board member).  When not out on the tennis court or in the sand at a golf course, Jessica spends her time visiting breweries with her family (including a brand new son) and fur babies!
Quick Links

Copyright © 2017. All Rights Reserved.

Pollart Miller LLC 
720.488.9586