Call now Menu
Law Offices of
Cliff EntenPersonal Injury Attorney

Injured? Let’s talk about it...

303-952-0703

Free Consultations | Se Habla Español

Missing workers’ comp deadlines can cost you your rights

Deadlines are important in any type of legal case – especially workers’ compensation. A recent case before the Colorado Court of Appeals illustrates how missing a key deadline can cost you your rights.

The case involves a Goodwill employee who injured his wrist on the job. His workers’ comp insurer approved an initial surgery. However, the employee continued to suffer from wrist pain and sought approval for a second surgery. The insurer denied his request.

At this point, the employee’s doctor issued a determination of maximum medical improvement. This crucial document claimed that no further medical treatments would help the employee’s wrist condition. Based on that document, the workers’ comp insurer closed the case.

Later, however, the employee’s doctor referred him to a second physician. After a thorough examination, the physician recommended a second surgery, and the first doctor agreed. The employee asked to reopen his workers’ comp claim, seeking approval for the second surgery. The workers’ comp insurer refused to reopen the case.

In its recent ruling, the Colorado Court of Appeals agreed that it was too late for the employee to reopen the case. He failed to contest the final decision within the 30-day deadline after the insurer closed the case. As a result, he had no right to appeal.

When pursuing workers' comp coverage in cases like these, time is of the essence. Had the employee sought a second opinion sooner, he may have had grounds to contest the case closure before it became final. Injured workers stand to lose many important rights by failing to meet deadlines. For that reason, it’s critical to consult with an attorney who understands the time frame involved in your case.

Source: Business Insurance, "Goodwill worker, comp insurer dispute equal protection," Sheena Harrison, March 16, 2015.

No Comments

Leave a comment
Comment Information

Discover why over 50% of our clients are referrals from former clients.

Experience the ENTEN LAW difference.

Professional Affiliations

ABA American Bar Association American Association For Justice trouble shooter com ctla colorado Trial Lawyers Association Featured on The Law . TV Personal Injury

CONTACT THE MAIN OFFICE

Law Offices of Cliff Enten | 50 S. Steele St. Suite 875 | Denver, CO 80209 | Denver Law Office Map
Local: 303-952-0703 | Fax: 303-333-9359

By Appointment Only
1155 Kelly Johnson Blvd.
Suite 111
Colorado Springs, CO 80920
Map & Directions

By Appointment Only
121 S. Tejon St.
Suite 1107
Colorado Springs, CO 80903
Map & Directions

By Appointment Only
2 N. Cascade Ave.
Colorado Springs, CO
80903
Map & Directions

By Appointment Only
155 E. Boardwalk Dr.
Suite 400
Fort Collins, CO 80525
Map & Directions