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Workers’ Compensation in Colorado can be difficult and confusing. If you need help with a Denver area workers’ compensation case, let our experienced attorneys review your case and help you get the benefits you’re entitled to by law. \n
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Bradley Fincham worked as a truck driver for Home Depot. On April 14, 2014, the Fincham was unloading a “double door” refrigerator from the truck with a co-worker. As he was lowering the refrigerator, both the refrigerator and the dolly pulled, causing Fincham to land on top of the refrigerator.
Four months later Fincham requested medical treatment for his right shoulder and was sent to Concentra. Dr. Bird, diagnosed him with shoulder impingement, provided physical therapy, but did not provide any work restrictions. She later placed Fincham at maximum medical improvement with no permanent impairment and opined that the claimant did not need any maintenance medical care or permanent work restrictions.
Eventually Fincham filed a claim for workers’ compensation. Home Depot and the carrier denied the claim and the parties proceeded to hearing. The ALJ determined that Fincham had suffered a compensable work related injury to his right shoulder.
On appeal, the respondents argued that the ALJ erred in “implicitly” concluding that the claimant proved a compensable injury. Relying on the holding in Harman Bergstedt, Inc. v. Loofbourrow, 320 P.3d 327 (Colo. 2014), the respondents argued that the claimant’s injury did not result in sufficient disability to constitute a compensable injury.
Workers’ Compensation in Colorado can be difficult and confusing. If you need help with a Denver area workers’ compensation case, let our experienced attorneys review your case and help you get the benefits you’re entitled to by law. Get help from our Denver Workers’ Compensation Attorneys, our Greeley Workers’ Compensation Office or Call Us Toll Free at (866) 356-9898 for more information and a free review of your case.