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Questions Answered by Julie Swanberg
1 Answer | Asked in Workers' Compensation for Colorado on
Q: I had a previous lumbar fusion that was not workmans comp. but now I hurt my lower back at work.

Would it be covered under workmans comp. now or can it be denied under a previous condition.

Julie Swanberg
Julie Swanberg answered on May 2, 2019

This new injury is a new worker's compensation claim against your current employer. You need to file a Worker's Claim for Compensation form (your HR person has it) ASAP and advised whomever you're supposed to tell about this new injury. The old injury/fusion may come into play later, but I... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I am entitled to temporary partial disability?

Thank you Julie,

I am not working less hours. I was working as an auto technician and tore my rotator cuff. My restrictions are that I can not use that arm. I am awaiting surgery that is supposed to be scheduled. My employer is using me in a different position so that I do not have to... Read more »

Julie Swanberg
Julie Swanberg answered on Oct 22, 2018

Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?

I was injured on October 1st and went to the workers comp doctor. I did not miss any work, but was put on modified duty. A claim was filed with my employers insurance and they have been paying medical. I have not received an admission of liability or denial. Should I have received this? My... Read more »

Julie Swanberg
Julie Swanberg answered on Oct 22, 2018

They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to,... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: If United airline loss my luggage at international flight and after 10 days they ask me for compensationwhat should I do
Julie Swanberg
Julie Swanberg answered on Sep 24, 2018

This question should not have been posted in the workers compensation category.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: how long does a surgeon have to file a referral for surgery under CO WC

I injured my arm on Jan 8 1028. After 2 months of no improvement they finally did an MRI and found that I tore my extensor tendon and pulled it away from the bone. I saw the surgeon a week ago and he STILL has not even submitted the paperwork for surgery. Meanwhile I have continued to be in... Read more »

Julie Swanberg
Julie Swanberg answered on Mar 23, 2018

There is no rule about how long a doctor's office may take to request prior authorization. But, it definitely can take more than a week for the staff person to get the request to the insurance company. I suggest you call your doctor's office, ask to talk to the person who submits "prior... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Colorado on
Q: I was injured at work and the workman’s comp doctor refused to offer much help implying that I am faking the injury and

Stated it must be from a previous injury I had before current employment even though previous injury doctor has released me from treatment and this new injury is not related to the previous one. Should I call an attorney?

Julie Swanberg
Julie Swanberg answered on Jan 8, 2018

Yes. If the treating doc says you're faking it or your problems are completely from an earlier injury (and not because you aggravated it on your current job), it will be difficult without an attorney to get the insurance company to either begin paying benefits or continue to do so. Find an... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I got injured at work but my employer is arguing that it was my own poor decision that led up to the injury so they

don't want to pay my benefits. Is this legal?

Julie Swanberg
Julie Swanberg answered on Jan 2, 2018

Your injury cannot be refused just because you might have had a part in causing it, but your benefits can be cut by 50% if your injury was because of you being intoxicated, refusing to use employer-provided safety equipment, or refusal to obey safety rules. But without knowing what your employer... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: What should I do if insurance company isn't paying my TTD?

Was injured 8/9/17. Taken off work 9/26/17. Ins. Co admitted liability with breakdown of weekly pay and everything for TTD, but hasn't sent check. Adjuster keeps making excuses about where my checks are. It's 11/9/17 and I've gotten nothing! What can I do? I hired a lawyer, but so far he's... Read more »

Julie Swanberg
Julie Swanberg answered on Nov 14, 2017

Talk to your attorney again. Make sure he/she knows that you have not yet received your TTD benefits. The insurance company must pay TTD benefits every 2 weeks, or they could be penalized. Also, they will owe you 8% interest on TTD benefits that are paid late.

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