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Thank you for visiting the blog of the Eley Law Firm. The Eley Law Firm limits its practice to workers compensation. Please visit this blog frequently for updates on our practice and the latest news in workers compensation law.

ICAO futher clairifies termination for cause and temporary disability benefits.
Posted by: Cliff Eley
June 24, 2009
Topic: Case Law Update

The ICAO further clarified the Longmont Toyota ruling in Speer vs. National Mentor Holdings.  It found that even if a claimant is terminated for cause or quits his job, TTD, once started, can still only be terminated per the four criteria in §8-42-105(3)(a)-(d) C.R.S.

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Nelson v. ICAO is Good News for Clamants Entitled to Lump Sums
Posted by: Cliff Eley
June 02, 2009
Topic: Case Law Update

Nelson v. ICAO holds that a claimant may take advantage of increases in lump sum awards, even if the statutory increase occurred after their date of injury. 

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Keith Mottram is New Workers Compensation ALJ for the Western Slope
Posted by: Cliff Eley
March 29, 2009
Topic: Colorado Workers Compensation News

Keith Mottram has been hired by the Office of Administrative Courts to hear workers compensation cases on the western slope.  

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Claimant wins issue of termination for cause, even though she resigned from her job. Lozano vs. Grand River Hospital District, W.C. 4-734-912
Posted by: Cliff Eley
March 24, 2009
Topic: Case Law Update

A claimant’s resigning from a job does not necessarily equate with being responsible for her termination and may not make the worker ineligible for temporary benefits.  In Lozano vs. Grand River Hospital District, the ALJ ruled that the Claimant was entitled to temporary total disability benefits even though she left her job because she was unable to perform her duties due to her restrictions

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Avalanche Industries decision sides with workers on average weekly wage
Posted by: Cliff Eley
January 30, 2009
Topic: Case Law Update

Avalanche Industries vs. Clark allows an administrative law judge great discretion in determinning a worker's average weekly wage.  It allows the judge to consider a wage increase after the date of the injury and even wages earned at a subsequent  job.  The court also indicates that a worsending of condition can be viewed as a new injury. 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.