This list of recent noteworthy cases was compiled by Richard E. Falcone, Esq. 

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8/6/09 Jones v. Industrial Claim Appeals Office addresses reopening but is interesting in deciding that a DIME (Division Independent Medical Evaluation) is not a medical benefit and then notes the term medical benefit is not defined in the Colorado Act. See 2009 Colo. App. LEXIS 1384

5/28/09 Nelson v. Industrial Claim Appeals Office is not a major matter except in Colorado, in that it addresses getting a lump sum (advance) of benefits. See 2009 Colo. App. LEXIS 990

5/14/09 Ruff v. Industrial Claim Appeals Office is interesting in addressing conflicts of interest in a DIME (a DIME is supposed to be a truly independent and objective evaluation). Sometimes the doctors picked have financial ties to insurers that can raise the question of the appearance of a conflict. See 2009 Colo. App. LEXIS 815

4/16/09 Simpson v. Industrial Claim Appeals Office addresses average weekly wage among other issues. It reaffirms that the calculation of average weekly wage for benefits can be based on the date of injury or what is termed the date of disablement. See 2009 Colo. App. LEXIS 576

4/16/09 Aviado v. Industrial Claim Appeals Office addresses permanent total disability but also appears to challenge the WC Act itself. See 2009 Colo. App. LEXIS 565

4/16/09 Landeros v. Industrial Claim Appeals Office addresses a minor point on a jailed claimant. See 2009 Colo. App. LEXIS 562

3/19/09 Iler v. Industrial Claim Appeals Office, 207 P.3d 945 (Colo. App. 2009) addresses a claimant’s desire to add his room and board while based in Antartica to the average weekly wage calculations. Despite the difficulty of figuring it the court allows it.