Legal Opinion

Martelon v. Colorado Department of Health Care Policy & Financing

Colorado Court of Appeals

Decided October 6, 2005No. 04CA0860PublishedCited by 10 opinions

1Opinion of the CourtRussel, J.

Plaintiff, Leo Martelon, Jr., appeals the district court’s judgment affirming a final agency action by defendant, the Colorado Department of Health Care Policy and Financing. . We reverse and remand with directions.

I. Background

Martelon suffered a brain aneurysm and applied'for Medicaid benefits. The’department denied his application becaüse he did not meet the “severity requirement for disability” under the department’s regulation § 8.110.3,10 Code Colo. Regs. 2505-10.

Martelon then requested a hearing before an administrative law judge (ALJ) under § 24-4-105, C.R.S.2005. After considering…

2Cases cited6 opinions

  1. Gary Kirwan v. Marriott Corporation, a Delaware CorporationCourt of Appeals for the Eleventh Circuit · 1994
  2. Crocker v. Colorado Department of Revenue, Motor Vehicle DivisionSupreme Court of Colorado · 1982
  3. People v. TynanColorado Court of Appeals · 1984
  4. Colorado State Board of Medical Examiners v. DavisColorado Court of Appeals · 1995
  5. Gomolisky v. DavisIndiana Court of Appeals · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Alliance for Colorado's Families v. GilbertColorado Court of Appeals · 2007
  2. Schlapp ex rel. Schlapp v. Colorado Department of Health Care Policy & FinancingColorado Court of Appeals · 2012
  3. Reiff v. Colorado Department of Health Care Policy & FinancingColorado Court of Appeals · 2006
  4. Rigmaiden v. Colorado Department of Health Care Policy & FinancingColorado Court of Appeals · 2006
  5. Rutt v. Poudre Education Ass'nColorado Court of Appeals · 2006

5 more not listed; retrieve them via the Exa API.

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