Colorado Workers’ Compensation Law and Settlement Conference Tips with Administrative Law Judge

Jul 3, 2023 | WC & Other Laws

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Colorado Workers’ Compensation Law and Settlement Conference Tips with Administrative Law Judge – When you’re about to go to a settlement conference you should be ready to talk about what your injury was and how it has affected you.

What Will an Administrative Judge Ask You?

A judge will ask you the date you were injured, what happened to you at the accident, when did it occur, what parts of your body were hurt, how has it affected you, who are the doctors who have treated you, has any doctor said Maximum Medical Improvement (MMI) and given a rating, and what future medical maintenance would apply, and what are the work restrictions.

Division Independent Medical Examination

Then the judge needs to know whether a final admission was filed and if not, whether anybody has asked for a division independent medical examination (DIME), which is critically important because the opinion of that doctor on the issues of MMI and permanent physical impairment can only be overcome by clear and convincing evidence, and his opinion will be held at an elevated status.

Another opinion held at an elevated status when given by the DIME doctor is the opinion of causation. It’s an arduous task to overcome and throw out the opinion of a DIME doctor, who figures and calculates how much money the case is worth for settlement.

These are all factors that make Workers’ Compensation complex litigation, and it’s an onerous task for both sides to prepare appropriately for a settlement conference because the whole case for each side’s presentation will be on the table.