In re Claim of Villegas, 021821 COWC, 4-889-298-002

Case DateFebruary 18, 2021
CourtColorado
IN THE MATTER OF THE CLAIM OF: ALLEN VILLEGAS, Claimant,
v.
DENVER WATER, Employer,
and
TRAVELERS INDEMNITY CO., Insurer, Respondents.
and
DR. HUGH MACAULAY.
W.C. No. 4-889-298-002
Colorado Workers Compensation
Industrial Claim Appeals Office
February 18, 2021
          CHRIS FORSYTH LAW OFFICE LLC, Attn: CHRIS FORSYTH ESQ, (For Claimant)           HALL & EVANS LLC, Attn: DOUGLAS J KOTAREK ESQ, C/O: KENDRA G GARSTKA ESQ, (For Respondents)          ORDER RE: MOTION FOR CORRECTED ORDER          The claimant has moved that a corrected order be submitted correcting several statements in the Panel Order of February 5, 2021, the claimant asserts are erroneous. We have authority to issue a corrected order within 30 days of the entry of an order. § 8-43-302(1) C.R.S. After considering the claimant’s motion we decline the request to issue a corrected order and the February 5, 2021, order will remain as written.          1. The claimant contends the indication in the February 5 order that the claimant had stated he became aware of the circumstances forming the basis for his penalty claims on April 5, 2018, is incorrect. The claimant asserts he had stated in his application for hearing that he became aware of the alleged violation of the statute by the respondents “sometime after April 5, 2018”, without disclosing a date, and not on April 5.          However, the record contains responses to interrogatories submitted by Dr. Macaulay, sworn to by the claimant on December 23, 2019. In response to interrogatory 9, that inquired “Do you contend that claimant is not barred by the statute of limitations pursuant to CRS § 8-43-304(5)? Please provide the specific facts that support your response and identify all evidence, whether testimonial or documentary …”, the claimant replied: “ Until Dawn Cogan admitted in testimony on April 5, 2018, at claimant’s hearing that the staff serve as nurse case managers, claimant had believed the staff served in a treatment capacity.”          Further, interrogatory 10 asked that “with respect to any lay witnesses who may be called to provide testimony, please provide … a detailed disclosure of the...

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