disability
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Colorado appeals court says in-person doctor exam not required for workers’ comp cases
Physicians are allowed to find an injured worker suffers from no permanent disability without having to examine them in person, the state’s second-highest court ruled last month. A three-judge panel for the Court of Appeals emphasized a doctor’s conclusion about a patient’s impairment, based solely on paperwork, is “not the preferred way” to do things.…
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Colorado House moves to require mediation before eviction for tenants on government aid
House lawmakers approved a proposal to require mediation between landlords and tenants before landlords can file for eviction, if the tenant receives certain financial assistance. Under House Bill 1120, mediation would involve a landlord and tenant meeting together with a neutral third party to discuss a voluntary settlement in lieu of an eviction. If an eviction…
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State Supreme Court takes on homeowner insurance issue, shows interest in 2 criminal cases
The Colorado Supreme Court on Monday agreed to decide whether two Boulder County homeowners may pursue their insurance claim for hail damage, even though they reported it to their insurer 10 days beyond their policy’s deadline. The legal question and facts are virtually identical to another case the court accepted in December out of Denver, Gregory…
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Appeals court decides when Social Security payments may be garnished
Colorado’s second-highest court has clarified the circumstances under which Social Security payments, which are exempt from garnishment under federal law, may actually be used to repay a debt. On Thursday, a three-judge panel for the Court of Appeals disagreed that federal law “unambiguously” shields Social Security benefits from garnishment. Instead, a beneficiary who fails to…
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Court sides with Frontier over flight attendant seeking alcohol rehab-related accommodations
Frontier Airlines did not violate the Americans with Disabilities Act when it denied a flight attendant’s request to build her schedule without layovers to avoid exacerbating her alcoholism, the federal appeals court based in Denver concluded this week. The airline refused to allow Rebecca Brigham to pick up “leftover” shifts that other flight attendants had…
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Judge dismisses retaliation, hostile work environment claims of Black Agriculture Department employee
A federal judge has agreed with the U.S. Department of Agriculture that a Black employee failed to show how a series of workplace grievances amounted to illegal retaliation or a hostile work environment based on his race or disability. However, the lawsuit from Kenith DeLesline will continue on his last remaining claim: that the USDA failed…
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Deaf woman allowed to sue Adams County sheriff for disability discrimination in jail
A federal judge declined to dismiss a deaf woman’s disability discrimination claim against Adams County Sheriff Richard Reigenborn over allegations she was held for 16 hours in the jail without access to a sign language interpreter and unable to communicate her needs effectively. U.S. District Court Judge Charlotte N. Sweeney agreed last week that Cynthia…
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Federal judge to Denver: Stop stonewalling disabled woman’s housing assistance
A federal judge on Tuesday ordered Denver’s affordable housing entity to follow its own procedures and allow a disabled woman to receive her housing assistance paperwork at the address where she accepts her mail, and not where the Denver Housing Authority believed she should accept it. The lawsuit brought by Carroll Ann Latimore against DHA…
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10th Circuit finds judge mistakenly tossed inmate’s disability lawsuit
A federal judge was wrong to dismiss as frivolous a Colorado inmate’s lawsuit alleging prison officials discriminated against him on the basis of his disability, the federal appeals court based in Denver has ruled. Because the U.S. Supreme Court recognized more than two decades ago that the Americans with Disabilities Act “unambiguously” covers state detainees,…
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Larimer County school district provided appropriate education to special needs student, judge says
A federal judge has labeled as “untrue” multiple claims from the parents of a special-needs child who alleged a Fort Collins-based school district failed to provide their son the legally-required level of educational services. U.S. District Court Senior Judge Christine M. Arguello agreed the Poudre School District in Larimer County provided a free and appropriate…