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   State Courts - Colorado - November 13 - November 19, 2008
  
Cabela v. Indus. Claim Appeals Office, Court of Appeals No. 07CA2528, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: In a workers' compensation proceeding, the ALJ erred in concluding that a surgeon's treatment was not authorized because the claimant's physician became an authorized treating physician (ATP) as a result of the referral made by the employer's physician and the surgeon referred by the claimant's personal physician also became an ATP.

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Douglas v. City & County of Denver, Court of Appeals No. 08CA0063, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: In wrongful death action, parents did not establish that a city's immunity was waived under Colo. Rev. Stat. ? 24-10-106((1)(c) (2008) because they failed to allege or present any evidence that any of the equipment in the recreational center was defective or that a physical condition of the building itself contributed to the death of the decedent.

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Goff v. Vawter (In re M.J.K.), Court of Appeals No. 07CA2109, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: The continuing the guardianships of the mother's children and the maintaining of the sole decisionmaking responsibility and primary residential care previously granted to the grandmother was proper because Colo. Rev. Stat. ?? 15-14-210(2) and 14-10-131(2)(c) were correctly applied and the mother's rights were balanced with the children's.

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Goldsworthy v. Am. Family Mut. Ins. Co., Court of Appeals No. 07CA0772, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: In successive suits against insurance companies asserting the same claims, policyholders in most recent suit were bound by adjudications in prior suits that the class certification requirements of Colo. R. Civ. P. 23 were not met; to hold otherwise would permit attorneys to file the same suit over and over until a class was finally certified.

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Kilwein v. Indus. Claim Appeals Office, Court of Appeals No. 06CA2518, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: Order denying workers' compensation claimant's request for order authorizing osteopath to perform treatment was upheld because Colorado Workers' Compensation Act, Colo. Rev. Stat. ?? 8-42-107(8)(b)(I), 8-43-404(7), did not give claimant's treating physician authority to refer claimant to the osteopath during the appeal of change of physician order.

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Montoya v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 08CA0246, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: ALJ determined that employer's final admission of liability (FAL) was binding; thus, there was no need to resolve any ambiguity that may have arisen as a result of conflicting ratings. Employer did not waive right to challenge first impairment rating as it filed timely FAL in response to report, Colo. Rev. Stat. ?? 8-43-203(1)(a), 8-42-107.2(2)(b).

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People v. Reyes, Court of Appeals No. 06CA0511, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: The extension of the term of defendant's probationary sentence following his failure to satisfy his restitution obligation was improper because the extension of defendant's probation based solely on his inability to pay restitution violated Colo. Rev. Stat. ? 16-18.5-105(3)(d)(III). The order extending his probation needed to be reconsidered.

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Wagner v. Travelers Prop. Cas. Co. of Am., Court of Appeals No. 07CA2112, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: Colo. Rev. Stat. ? 10-4-609 and case law did not require an insurer to inform the insured on a multi-vehicle policy that it was necessary to insure only one vehicle with uninsured and underinsured (UM/UIM) coverage in order to obtain such coverage for the named insured and resident relatives in all vehicles, owned or not owned, insured or not.

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Wolf Ranch, LLC v. City of Colorado Springs, Court of Appeals No. 07CA2184, COURT OF APPEALS OF COLORADO, November 13, 2008, Decided
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Overview: The Regulatory Impairment of Property Rights Act, Colo. Rev. Stat. ?? 29-20-201 to -205 (2008) was not triggered when a city imposed a drainage basin fee upon a property owner because requiring the owner to pay drainage fees did not impose a monetary condition in an amount determined on an individual and discretionary basis.

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People v. Box, 08PDJ108, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 19, 2008, Decided
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