April 2018 Newsletter
Seminar
It's almost time  to join us at the Pollart Miller Annual Workers' Compensation Seminar (May 10, 2018) We are excited to present our Keynote Speaker, Erin Brockovich. .....

If you'd like more information or to register for the seminar, please visit www.pollartmiller.com/seminar/ . 

Note there are a few remaining seats, so register today to ensure your spot.
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.  
 
Terminating Benefits with a Modified Duty Offer
 
Modified job offers, conditioned on passing a background check, fulfill the necessary elements of an offer sufficient to terminate a claimant's temporary total disability benefits. [more]

 
A claim may not be denied even if it is shown that the firefighter's personal cancer risks outweighed the risks posed by firefighting if the ALJ ultimately credits the medical evidence to find that the clam is compensable. [more]

 
The "conferred benefit" exception to the "going to and from" rule does not include workers commuting themselves and each other to job sites. [more]

 
Once a DIME physician's MMI opinion is overcome by clear and convincing evidence, the date of MMI becomes a question of fact for the ALJ. [more]

 
In Jones, the Industrial Claim Appeals Office (the Panel) held that a very loud noise contributed substantially to the claimant's compensable neck pain. [more]
Winner's Circle

Pollart Miller's Kendra Gartska successfully defended the compensability of a carpal tunnel claim, where the Claimant alleged her position doing data entry on a computer, including typing and mousing led to the condition.  [more]

Right on Schedule: ALJ Felter denies conversion of shoulder rating to whole person impairment
Claimant sustained a compensable injury to his shoulder.  Claimant sought a Division IME which provided a scheduled rating for range of motion deficit.  Claimant alleged pain and numbness to the back of the shoulder, scapula and down his arms and fingers, including weakness,  and severe neck pain. [more]

PTD successfully defeated with a Motion for Summary Judgment

This case involved a Utah claim for PTD benefits from cumulative trauma related to the left upper extremity and hearing loss after a prior work injury in 1994 resulted in amputation of the right arm. [more]


Attorney Brad Miller recently prevailed at hearing on a request for TTD benefits by successfully presenting a responsible for termination defense. 
The claimant's employment was terminated for washing her car during work hours and using the employer's property. [more]

Monthly Family Law Update

What once was proudly built and earned together becomes "mine" or "yours" during a divorce. In this very emotional time it is not unheard of for couples to fight over the better blender.  [more]

Monthly Criminal Law Update
Drug Use in Colorado

Colorado has the third highest drug problem of any state in the nation according to a recent study ranking states by their drug usage and addiction, law enforcement drug issues and drug health and rehab issues. [more]
Legislative Corner
Three Weeks Left of Legislative Session 2018

Things are plugging along down at the Capitol as the session is speeding towards the finish line of May 9, 2018.  Most significantly, the budget for the 2018-2019 years is on its way to the Governor [more]


Associate Watch
Pollart Miller is pleased to welcome Willow I. Arnold to the firm

Ms. Arnold has over 15 years experience as a practicing defense attorney representing insurance carriers, employers and self-insured clients in Colorado.  Ms. Arnold supports and advocates for the interest and rights of her clients in their insurance, subrogation, and employment-related issues with a focus on defending workers' compensation matters. [more]
Spotlight on: 

Tina Oestreich grew up in a small town in Wisconsin and attended high school in Colby, Wisconsin, the home of Colby cheese. Thus, making her a true "cheesehead" and self-proclaimed connoisseur of "squeaky cheese." She left the great state of Wisconsin to attend college at St. Cloud State University in St. Cloud, Minnesota, where she worked at the local county probation department throughout her undergraduate years and graduated with a Bachelor of Arts in Criminal Justice.

Lead by her sense of adventure, Tina moved to Colorado and was a paralegal at a small criminal defense law firm in Colorado Springs before eventually attending law school at the University of Wyoming. Following law school, she began her career practicing law at a personal injury firm representing injured workers in workers' compensation claims before switching to insurance defense.

In her spare time, Tina's adventurous spirit takes over. She enjoys hiking with Penny, her Irish Terrier, white water rafting, experiencing daring feats like skydiving, and travelling the world.
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