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TPM NEWS
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Ian R. Mitchell recently
succeeded at trial to a jury in Adams County District Court.
Mr. Mitchell represented a self-insured
employer in a subrogation action to recover workers’ compensation benefits. Mr. Mitchell successfully
recovered all of the workers’ compensation benefits paid by the employer due to the negligence of the
land owner for failing to maintain their property in the face of inclement weather conditions. This jury
verdict continues the firm's dedication to its insured and self-insured clients' recovery of benefits paid
due to the fault of another. [Ian R. Mitchell Profile].
Ian R. Mitchell successfully defended two trials in the past month.
In the first trial, Mr. Mitchell and his client
prevailed on a premises liability claim involving a slip and fall with a fully favorable defense verdict.
In the second trial, he and his client also prevailed on a defective product claim which alleged poor quality
goods resulted in damage to property. [Ian R. Mitchell Profile].
Douglas A. Thomas recently
successfully defended a third-party administrator (TPA) against a
civil fraud/bad faith lawsuit. After a four-day trial, a Denver jury
returned a fully favorable verdict, finding on all counts for the
firm’s client.
The trial was held before Judge William Hood in
Denver District Court. The Plaintiff’s allegations included that Defendants had
engaged in fraud during the course of adjusting a workers’ compensation claim.
After presentation of medical and industry experts, the six person jury awarded
no damages to the Plaintiff [Douglas A. Thomas Profile].
Margaret Keck recently won a workers' compensation hearing before Judge David P. Cain
in Denver for one of the firm’s retail clients.
The claimant had
alleged a work related rotator cuff injury, for which she was seeking extensive
medical and wage loss benefits. Ms. Keck presented the testimony of an
orthopedic expert at hearing. The expert was provided with records that showed a
pre-existing condition to the same body part. In conjunction with the expert’s
testimony, Ms. Keck presented the testimony of the claim representative to directly contradict the
testimony provided by the claimant. Based on the testimony, Judge Cain denied
and dismissed any all claims brought by claimant. [Margaret
D. Keck Profile]
The
Colorado Court of Appeals recently affirmed a lower decision of the Industrial
Claims Appeals Office (ICAO) denying benefits to a claimant in a case
successfully litigated by Eric J. Pollart.
The claimant
sustained a compensable shoulder injury, and underwent surgical repair. Claimant
argued that the impairment rating he received from his treating physician for
his shoulder was inadequate, and sought entitlement to amounts based on
impairment to his body as a whole. Claimant retained an expert who frequently
appears on behalf of claimants at hearing. The expert testified that claimant
was entitled to impairment as a
whole person. Judge Theodore Krumreich rejected the opinion of claimant’s
expert, and denied claimant’s claim. See Gonzales v. Industrial Claims
Appeals Office of the State of Colorado, Transervice Lease Corporation, and
Travelers Indemnity Company of America, Court of Appeals No. 10CA1014 (February
3, 2011). [Eric J. Pollart Profile]
The Lexis/Nexis File & Serve Newsletter recently recognized Kim
Brown as its practice tip winner. The National publication of the
electronic legal research giant cited Ms. Brown's practice suggestions for
filing in both Federal Court and Appellate cases.
Successful representation requires
excellence on all levels and Ms. Brown’s recognized expertise of complex case
management is part of the service we are proud to provide to our clients.
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