Legal Opinion

Justiniano v. Indus. Claim Appeals Office of Colo.

Colorado Court of Appeals

Decided May 19, 2016No. Court of Appeals No. 15CA1502PublishedCited by 1 opinion

1Opinion of the Court

Opinion by JUDGE BERGER

¶ 1 This is a workers' compensation case. After a division-sponsored independent medical examination (DIME) found that claimant Felicia Justiniano had reached maximum medical improvement (MMI), claimant moved to reopen the claim with medical information that postdated the DIME. The administrative law judge (ALJ) denied and dismissed the petition to reopen, concluding that claimant was trying to improperly use the reopening procedure to circumvent the statutorily heightened burden of proof required to overcome the DIME. The Industrial Claim Appeals Office (Panel)…

2Cases cited12 opinions

  1. Olivas-Soto v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2006
  2. Lewis v. Scientific Supply Co., Inc.Colorado Court of Appeals · 1995
  3. Berg v. Industrial Claim Appeals Office of the StateColorado Court of Appeals · 2005
  4. Heinicke v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2008
  5. Postlewait v. Midwest BarricadeColorado Court of Appeals · 1995

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3Cited by1 opinion

  1. CITY AND COUNTY OF DENVER, Colorado v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Andrew SipresColorado Court of Appeals · 2021

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