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...