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How Trump May Affect Workers' Compensation In Colorado

The new Trump administration has ushered in some changes that many Americans weren’t quite prepared for, and much of the impact is not yet fully known. After all, he’s only been in office for a little over four months, and many changes are yet to come. With respect to workers’ compensation (work comp) benefits, the…

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Social Security Recipients Second Amendment Rights preserved Having a Representative Payee No Longer Prevents You From Owning a Firearm

In February 2017, the House of Representatives voted to “overturn an Obama administration rule” that required the Social Security Administration to “forward the names of all Social Security Disability Insurance . . . benefit recipients who use a representative payee . . . to the National Instant Criminal Background Check System . . ..” Reaction…

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What a Difference An "AND" Makes In Colorado Work Injuries

THE Industrial Claims Appeals Office (ICAO) HIGHLIGHTS A MAJOR LIMITATION ON MAINTENANCE MEDICAL CARE Intersection between a law with a later statute creates a major distinction for injured workers’ medical care rights. Lola Chism injured her left shoulder in July 2009 in an admitted work injury.  Following what was described as “considerable” physical therapy, and…

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Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims

Injured Workers must now be ready to provide evidence explaining that work absences weren’t their fault. Injured workers who lose their job while treating for a work injury are entitled to lost wage benefits, called Temporary Total Disability.  However the Colorado Legislature changed the law allowing employers to avoid paying lost wages to injured workers when…

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Case Update: If The Insurance Carrier Shuts Off My Lost Wage Benefits – Can I Get Penalties?

MacDougal v. ICAO, Bridgestone Retail Tire Operations The Court of Appeals put out an (unpublished) opinion affirming the denial of penalties against an adjuster for failing to reinstate lost wage benefits (TTD). On February 6, 2015, a Physician’s Assistant (PA) – not the actual Authorized Treating Physician – placed the injured worker at maximum medical…

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