CASE RESULTS
WEIDERT V. CHRIS’ HOME IMPROVEMENTS
Mr. Weidert received the benefits that he was entitled.
Mr. Weidert injured his back and brought a claim against Chris’ Home for temporary total disability and health care. Chris’ Home denied liability on the grounds that Mr. Weidert was an independent contractor, not an employee and that Mr. Weidert’s condition was caused by a pre-existing condition, not an industrial accident.
SCHUTTER V. OUTSOURCE INTERNATIONAL/TANDEM STAFFING
Mr. Simon’s knowledge of workers’ compensation case law and statutory provision allowed him to prevail for his client, ensuring she received her medical benefits.
In the course of employment, Ms. Schutter was injured in an automobile accident. After Ms. Schutter hired Mr. Simon, her case was brought before an administrative law judge (ALJ) to determine her medical benefits. The employer tried several legal avenues to deny Ms. Schutter these benefits.
LAZAR V. RIGGS
The Court concluded that the statement taken by the insurance company was not produced in anticipation for litigation, and the insurance company had to produce it for Mr. Simon.
Ms. Lazar’s injury resulted from an automobile accident caused by Patrick Riggs, for failure to exercise reasonable care. Mr. Riggs admitted during his discovery the existence of a recorded statement in the possession of his insurance company. Mr. Riggs objected and refused to produce the document through a claim of protection of the document as work produced in anticipation of litigation.
MATTINGLY V. TRANSWEST TRUCKS, INC.
The ALJ ordered the insurer to pay temporary disability benefits, medical benefits, and permanent partial disability benefits.
In the summer of 1996, Ms. Mattingly started to experience pain in her upper extremities from working as a "counter person" for Transwest Trucks, and in January 1997 she was diagnosed with thoracic outlet syndrome (TOS).
MAYFIELD V. MCKESSON CORP.
McKesson’s petition to appeal was dismissed. Mr. Simon allowed Ms. Mayfield to continue to receive medical benefits.
Roughly one year after sustaining an admitted injury, Ms. Mayfield’s employer filed a Final Admission of Liability for medical benefits. However, Ms. Mayfield made it clear to Mr. Simon that she had not fully recovered, and required more medical attention. Mr. Simon understood this need, and directed Ms. Mayfield to a Division-sponsored independent medical examination.
CLENDENING V. SCHLUMBERGER OIL
The Industrial Claim Appeals Office remanded the decision to the ALJ.
In October 2007, Mr. Clendening was injured in work-related accidents in Montana. After hiring Mr. Simon, Mr. Clendening’s claim was brought before an administrative law judge. The ALJ agreed with Mr. Simon that the contract of hire was performed in Colorado, so Colorado had jurisdiction over the claim.
VOELKER V. EXEMPLA LUTHERAN HEALTH CENTER
Mr. Simon’s efforts assured that the decision to deny her medical benefits would be reviewed by another authority.
Elaine Voelker was injured in her employment capacity and hired Mr. Simon for representation. To determine the issue of medical benefits, Mr. Simon filed an application for a hearing with a Prehearing Administrative Law Judge (PALJ). However, the respondent’s motion to strike the application because the case was closed was granted by the PALJ, and the application was dismissed with prejudice.
FISHER V. CHERRY HILLS HEALTHCARE
Mr. Simon correctly produced evidence at hearing, and stuck by his client through the appeal, so the award was affirmed.
Mr. Fisher injured his lower back on two occasions while employed by the respondent. After Mr. Fisher treated with several physicians, Dr. Dahaney determined that Mr. Fisher was at maximum medical improvement and assigned no permanent impairment. Upon the diagnosis, Mr. Simon and opposing counsel combined Mr. Fisher’s claims and sought a single Independent Examination. The respondent attempted to take away Mr. Fisher’s deserved compensation award.
WENGLEWICK V. BANTEC, INC.
The Industrial Claim Appeals Office agreed that the June 9 order did not preclude Mr. Simon from filing a new hearing application of the issues of penalties.
In February 2005, Mr. Simon filed an Application for Hearing on the issues of penalties and temporary total disability benefits for Mr. Wenglewick. On June 9, the administrative law judge struck Mr. Simon’s penalty issue from the Application for hearing for failing to specify to grounds for which the penalty was asserted. Mr. Simon met the ALJ’s dismissal with a timely appeal.