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Candelari v. Patterson - Job offer letter not needed when claimant isn't already receiving temporary disability benefits. The ICAO ruled that the job offer provisions of §8-42-105 (3)(d)(I) do not apply if the claimant is not receiving temporary disability benefits.
ICAO futher clairifies termination for cause and temporary disability benefits. 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.
Nelson v. ICAO is Good News for Clamants Entitled to Lump Sums 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.
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 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
Avalanche Industries decision sides with workers on average weekly wage 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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