Claimed Lawyer ProfileQ&A
I am a sole practitioner who represents injured workers in their workers' compensation cases. I previously represented employers and insurance companies in workers' compensation cases for over 21 years.
- Workers' Compensation
- Free Consultation
- Contingent Fees
Jurisdictions Admitted to Practice
- The University of Denver Sturm College of Law
- J.D. (1987) | Law
- University of San Francisco School of Law
- Social Security Section, Colorado Bar Association
- - Current
- Colorado State Bar # 17070
- - Current
- Workers' Compensation Section, Colorado Bar Association
- - Current
- Denver Bar Association
8 Questions Answered
- Q. I had a previous lumbar fusion that was not workmans comp. but now I hurt my lower back at work.
- A: This new injury is a new worker's compensation claim against your current employer. You need to file a Worker's Claim for Compensation form (your HR person has it) ASAP and advised whomever you're supposed to tell about this new injury. The old injury/fusion may come into play later, but I wouldn't worry about it now. It is considered a "pre-existing condition," which was re-injured or aggravated by the new injury, and it is compensable.
- Q. I am entitled to temporary partial disability?
- A: Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.
- Q. If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?
- A: They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer you are currently working than you were before your injury. If you are working fewer hours for any other reason, for example if the business has less need because of the season or something else, you probably would not be entitled to temporary disability benefits.
- Q. If United airline loss my luggage at international flight and after 10 days they ask me for compensationwhat should I do
- A: This question should not have been posted in the workers compensation category.
- Q. how long does a surgeon have to file a referral for surgery under CO WC
- A: There is no rule about how long a doctor's office may take to request prior authorization. But, it definitely can take more than a week for the staff person to get the request to the insurance company. I suggest you call your doctor's office, ask to talk to the person who submits "prior authorization requests," and try to move them along. Since you're in pain, you should talk to your surgeon and/or your primary doctor about pain relief while awaiting surgery.
- Q. I was injured at work and the workman’s comp doctor refused to offer much help implying that I am faking the injury and
- A: Yes. If the treating doc says you're faking it or your problems are completely from an earlier injury (and not because you aggravated it on your current job), it will be difficult without an attorney to get the insurance company to either begin paying benefits or continue to do so. Find an attorney who specializes in workers' compensation.
- Q. I got injured at work but my employer is arguing that it was my own poor decision that led up to the injury so they
- A: Your injury cannot be refused just because you might have had a part in causing it, but your benefits can be cut by 50% if your injury was because of you being intoxicated, refusing to use employer-provided safety equipment, or refusal to obey safety rules. But without knowing what your employer meant by your "poor decision."
- Q. What should I do if insurance company isn't paying my TTD?
- A: Talk to your attorney again. Make sure he/she knows that you have not yet received your TTD benefits. The insurance company must pay TTD benefits every 2 weeks, or they could be penalized. Also, they will owe you 8% interest on TTD benefits that are paid late.
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