06192018Headline:

Fort Collins, Colorado

HomeColoradoFort Collins

T. Thomas Metier

At What Point is an Employee Considered Permanently Disabled After Injuries on the Job?

In Wynne v. Menard, Inc., No. S-17-702, (299 Neb. 79), the Supreme Court of Nebraska determined the standard. Machelle Wynne (“Wynne”) was employed by Menard, Inc. (“Menard”) and worked at a Menard store in Nebraska. She was injured on the […]

T. Thomas Metier

When Is an Employee’s Work-Related Injury Caused by an Accident or Repetitive Stress Related to the Job?

In Bolita v. West Omaha Winsupply Company, No. A-17-636, (Neb. Ct. App. March 20, 2018), the Nebraska Court of Appeals examined the employer’s appeal to a workman’s compensation award of total disability benefits. Jeffrey Bolita (“Bolita”) filed a petition on […]

T. Thomas Metier

Does a Delay in Recognizing a Causal Connection Allow a Delay in the Tolling of a Statute of Limitations in a Negligence Case?

In Boettcher v. Conoco-Phillips Co., No. No. 17-6115 (W.D. Okla., 2018), the United States Court of Appeals for the Tenth Circuit answers that question. Plaintiffs Thomas Boettcher and Pamelia Vennerberg (“Boettchers”) allege Boettcher’s cancer was caused by exposure to emissions […]

T. Thomas Metier

In a Negligence Case, Should the Court Presume a Defendant Was at Fault Unless He Proves Otherwise or Must Negligence Be Proved by the Asserting Plaintiff?

In Bedford v. Doe, No. 10-4558, (8th Cir. Dec. 12, 2017), the United States Court of Appeals for the Eighth Circuit undertook this issue. Raeburn Bedford (“Bedford”) was a truck driver who was injured after he opened the door to […]

T. Thomas Metier

When Will the Court Grant a Request for Ex Parte Interviews?

In the case of Carmody v. Mikesell, No. 16-cv-02603-PAB-NYW, (D. Col., 2017) the Colorado District Court tackles this question. This case arises from a back injury sustained by Cathleen Carmody (“Carmody”) while detained at the Teller County Detention Center. Carmody […]

T. Thomas Metier

Was Plaintiff’s Dementia Caused By Alzheimer’s or Exposure to Carbon Monoxide?

The Nebraska Court of Appeals handled that question in Hamilton v. United Parcel Service, No. A-17-102 (Neb. App. 2017). Robert Hamilton (“Hamilton”) filed an action in the Nebraska Workers’ Compensation Court claiming his dementia was due to repeated exposure to […]

T. Thomas Metier

When the Court is Faced with Conflicting Opinions from Competent Medical Experts, Which Opinion Should Be Given More Weight?

In Hintz v. Farmers Co-op Ass’n., (297 Neb. 903) the Nebraska Supreme Court faced this question. In this case, Ian Hintz (“Hintz”) was working at Farmers Cooperative Association (“Farmers”) as a tire technician and was repairing a tire on a […]

T. Thomas Metier

In a Disability Benefits Case, How Should the Insurance Company Determine the Date Disability Started?

In Owings v. United of Omaha Life Insurance Company, No. 16-3128, (10th Cir., 2017) the United States Court of Appeals for the Tenth Circuit overturned a lower court’s ruling about when a disability began. Plaintiff Greggory Owings (“Owings”) sustained a […]

T. Thomas Metier

What did the CO Supreme Court Rule Regarding a Claimant’s Eligibility for Benefits Under the Colorado Employment Security Act?

The Court determined that if a claimant is found to be “mentally unable to perform the work,” it is not necessary to probe more deeply into the reasons behind the mental issues

T. Thomas Metier

How Is Maximum Medical Improvement Determined in a Workers’ Compensation Case?

Scott did not back up her claims with any evidence to contradict the lower court’s determination. The court found no plain error in the record and affirm the compensation court’s determination.