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   State Courts - Colorado - April 16, 2009
  
Aviado v. Indus. Claim Appeals Office, Court of Appeals No. 08CA0923, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 16, 2009, Decided
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Overview: Where claimant sustained an injury to her bilateral upper extremities, a physician rated the right arm at seven percent impairment and the left arm at four percent impairment. The ALJ did not err by denying her claim for permanent total disability benefits under Colo. Rev. Stat. ? 8-40-201; she failed to prove she had no ability to earn wages.

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Colo. Div. of Ins. v. Auto-Owner's Ins. Co., Court of Appeals No. 08CA0960, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 16, 2009, Decided
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Overview: Colorado Division of Insurance (DOI) properly fined an insurer for failing to provide documents after receiving a letter from the DOI requesting them as the insurer did not provide the DOI with a highlighted copy until after the DOI's second letter, and Colo. Rev. Stat. ? 10-3-109(3) provided authority for the Commissioner to impose the fine.

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Gypsum Ranch Co., LLC v. Bd. of County Comm'rs, Court of Appeals No. 08CA0399, COURT OF APPEALS OF COLORADO, DIVISION SEVEN, April 16, 2009, Decided
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Overview: In condemnation proceeding, trial court erred in granting summary judgment for Colorado Department of Transportation because, despite the condemnation of a right-of-way, property's prior owner retained mineral interests, pursuant to Colo. Rev. Stat. ? 38-1-105(4).

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In re J.N.H., Court of Appeals No. 08CA1235, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 16, 2009, Decided
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Overview: Since an adoption was finalized in 1965, it was error to require an adoptee to proceed under the confidential intermediary provisions of Colo. Rev. Stat. ? 19-5-305(2)(a) to obtain the name of a birth father; where an adoption was final before July 1, 1967, there was no limit on the adoptee obtaining adoption records and name of his birth parents.

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Landeros v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 08CA0618, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 16, 2009, Decided
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Overview: Order dismissing claimants petition to reopen was affirmed because although claimant could again have received benefits under Colo. Rev. Stat. ? 8-42-113 upon release from prison, action was time barred under Colo. Rev. Stat. ? 8-43-303 and there was no authority providing for tolling of limitations period while claimant was in prison.

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Ochoa v. Vered, Court of Appeals No. 06CA2134, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 16, 2009, Decided
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Overview: Colo. Rev. Stat. ? 13-64-302(2) of the Health Care Availability Act included prefiling interest, not prejudgment interest, within the cap on noneconomic damages and calculating prejudgment interest on prefiling interest in excess of the cap would be contrary to the statute; the trial court properly excluded prefiling interest from its calculation.

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Patterson Recall Comm., Inc. v. Patterson, Court of Appeals No. 08CA0662, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 16, 2009, Decided
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Overview: ALJ was the quot;appropriate officerquot; within the meaning of Colo. Const. art. XXVIII, ? 10(2), to proceed with a private complaint of campaign finance violations filed under Colo. Const. art. XXVIII, ? 9(2)(a), and was therefore authorized to impose a penalty on an issue committee for failure timely to comply with Colo. Rev. Stat. ? 1-45-108.

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People ex rel. H.W., Court of Appeals No. 08CA0840, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 16, 2009, Decided
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Overview: Where a juvenile was charged as an accessory, under Colo. Rev. Stat. ? 18-8-105(1), (3), but where the State presented evidence that the juvenile was delinquent on an alternative basis, an appellate court ordered a judgment of acquittal because the State's proof did not sustain any lesser included offense of the charged offense.

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People ex rel. M.M., Court of Appeals No. 08CA0119, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 16, 2009, Decided
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Overview: Father was prejudiced by admission of polygraphs during hearing on termination of parental rights under Colo. Rev. Stat. ? 19-3-604(1)(c) as evidence consumed most of trial, supplanted his treatment plan, and influenced every recommendation by treating and supervising professionals.

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People v. Bowles, Court of Appeals No. 07CA2503, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 16, 2009, Decided
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Overview: Evidence was sufficient to support defendant's conviction of criminal impersonation under Colo. Rev. Stat. ? 18-5-113(1)(e) (2008) because defendant admitted that she gave the officer another person's name in order to avoid arrest.

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