Oct. 31, 2012
The Colorado Court of Appeals recently found that if an employer admits fault for an accident resulting in a worker’s injury, but then recants the statement, they carry the burden of proving the employee’s injury was not work related.
In the case of Rodriguez v. Industrial Claim Appeals Office, court documents show the victim, who was a special events coordinator for the city of Brighton, Colorado, suffered an unexplained fall on the steps of her office building. She was taken to the hospital, where CT scans and an MRI showed several unruptured aneurisms on her brain.
While Brighton initially accepted responsibility for the woman’s injuries, they later denied liability, saying the aneurisms were not caused by the fall, and her claim for Colorado Workers’ Compensation benefits was denied.
However, the Colorado Court of Appeals recently ruled in the victim’s favor and ordered the city to pay the woman’s lost wages. The panel of judges hearing the case explained that when an employer accepts liability for an accident, they also accept the burden of proof if they later choose to deny responsibility.
The Denver Personal Injury Lawyers with McDivitt Law Firm understand how confusing filing a workers’ compensation claim can be and are here to answer any questions you may have about a claim you are preparing to file or one that has been denied in the past.