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   State Courts - Colorado - June 5 - June 9, 2003

  
Bralish v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1236, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 5, 2003, Decided
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Overview: Police officer claimant's injuries, after a man experiencing a seizure bit claimant's fingers, were not the result of a crime of violence, and claimant's entitlement to benefits for mental impairment was subject to a statutory 12-week limitation.

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CF&I Steel, L.P. v. USWA, Court of Appeals No. 02CA0875, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 5, 2003, Decided
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Overview: Imposition of preliminary injunction entered against union was not justified where union did not participate in, authorize, or ratify the illegal acts of its members; trial court erred when it relied on the state's police power to enjoin union.

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EZ Bldg. Components Mfg., LLC v. Indus. Claim Appeals Office, Court of Appeals No. 02CA2059, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 5, 2003, Decided
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Overview: Although workers' compensation insurer did not send notice of cancellation to insured via certified mail, cancellation was effective and met statutory requirements as it sent notice to workers' compensation division and employer's insurance agent.

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Hanna v. Print Expediters Inc., Court of Appeals No. 02CA2237, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 5, 2003, Decided
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Overview: A finding against the employee in a workers' compensation action was proper where the employee did not request future medical benefits at the first hearing; he waived his claim for future medical benefits.

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Lobato v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1145, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 5, 2003, Decided
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Overview: A benefits claimant had 30 days from September 1, 1999, to file a notice and proposal to select a division-sponsored independent medical examination (DIME) because a final admission of liability was issued before the amendment of the DIME statute.

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People v. Clifton, Court of Appeals No. 00CA0977, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 5, 2003, Decided
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Overview: Where both of defendant's robberies were part of an ongoing transaction, the trial court was required to sentence him to consecutive terms of imprisonment, as two separate offenses had been committed.

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People v. Houcks, Court of Appeals No. 00CA1906, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 5, 2003, Decided
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Overview: Where defendant had not been twice previously convicted of an offense involving motor vehicle theft when he committed the offense for which he was sentenced in this case, his offense was a Class Two misdemeanor, not a Class Five felony.

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People v. Suazo, Court of Appeals No. 01CA2342, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 5, 2003, Decided
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Overview: Defendant's conviction for the harassment-stalking of his girlfriend was reversed due to an error in the jury instructions and error in the admission of the victim's hearsay statements at trial. The case was remanded for a new trial.

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Univ. of Colo. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1998, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 5, 2003, Decided
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Overview: Finality doctrine did not bar reconsideration of an earlier decision by a Colorado Industrial Claim Appeals Office deputy denying unemployment benefits; reconsideration was not barred by prior administrative affirmance of the earlier decision.

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Allen v. Pacheco, No. 01SC744, SUPREME COURT OF COLORADO, June 9, 2003, Decided
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Overview: The scope of the arbitration agreement between the HMO and the wife's husband included wrongful death claims brought by non-party spouses. The agreement was unenforceable, however, because it did not comply with the health care statute.

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