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09.1.14

What are Colorado workers’ rights regarding toxic exposure?

Some types of employees here in Colorado know that their jobs carry a degree of risk. These dangers typically relate to physical safety, such as a risk of falling or the risks of operating heavy machinery. There are some workers, however, who face other types of dangers that may not immediately come to mind. These…

07.7.14

A double-edged sword: Construction fatalities accompany growth

In many respects, growth in the construction industry is viewed as a sign of economic growth and progress. Certainly, this is bound to inspire hope after a long recession. Construction projects are springing up in many corners of the country, which has allowed many construction workers to take their names off of the unemployment rolls….

06.27.14

Termination for Cause Must be Based upon Volitional Behavior

Adamson v. MNM Plumbing, W.C. 4-918-584-01 (ICAO June 3, 2014) The claimant had returned to work after being off for about 6 weeks as a result of his on-the-job injury. One morning the Claimant was late for work because he had trouble sleeping the night before. The cause of the insomnia was taking pain medications…

05.22.14

First responders and trauma symptoms: PTSD and work comp, part 2

In the first part of this post, we began discussing the issue of workers’ compensation for police officers and other frontline responders who experience post-traumatic stress disorder (PTSD) after an especially violent event. If an officer is suffering from PTSD due to a violent incident that happened on the job, shouldn’t work comp be available…

05.18.14

First responders and trauma symptoms: PTSD and work comp, part 1

Physical impairments are typically easier to see than mental ones. Indeed, an aversion to dealing with issues of mental health is a significant national problem in the U.S. The horrific shootings in Aurora, Colorado, and Newtown, Connecticut, in 2012 were terrible reminders once again of the trauma that unresolved mental illnesses can inflict. But what…

04.21.14

Maximum medical improvement, part 2: contesting a determination

Let’s continue the discussion we began last week of the concept of maximum medical improvement (MMI) in Colorado workers’ compensation cases. MMI involves a formal determination that no additional medical treatment is reasonably likely to produce further improvement in someone’s medical condition after a work injury. In this part of the post, we will elaborate…

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