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.
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.
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.
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).
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.
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.
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.
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.
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.