In re Claim of Hess, 042121 COWC, 5-111-318-001

Docket NºW.C. 5-111-318-001
Case DateApril 21, 2021
CourtColorado
IN THE MATTER OF THE CLAIM OF: JOAN HESS, Claimant,
v.
THEATRE ASPEN, Employer,
and
PINNACOL ASSURANCE, Insurer, Respondents.
W.C. No. 5-111-318-001
Colorado Workers Compensation
Industrial Claim Appeals Office
April 21, 2021
. RUEGSEGGER SIMONS AND STERN LLC, Attn: TYLER M UHLENBROOK ESQ, (For Respondents)          REMAND ORDER          The pro se claimant seeks review of an order of Administrative Law Judge Cannici (ALJ) dated January 15, 2020, that denied and dismissed the claimant’s claim for compensation. We reverse the ALJ’s compensability determination and remand for a determination of authorized, reasonable and necessary medical treatment.          This matter went to hearing on the issues of compensability of the claim and the claimant’s entitlement to authorized, reasonable and necessary medical treatment. After hearing, the ALJ entered factual findings that for purposes of review can be summarized as follows. The claimant is a New York-based actor, hired by the employer, a theater company in Aspen, to perform in a play from July 1 through August 3, 2019 Because the claimant was required to travel over 100 miles to effectuate her employment, the employer provided roundtrip airfare and housing accommodations. The ALJ found that the contract did not provide for transportation once the claimant reached Aspen.          The claimant was required to attend rehearsals and performances at the employer’s Aspen studio and theater. The studio was 4.7 miles from the claimant’s housing. The employer did not dictate how the employees should get to the studio or the theater As an alternative to walking or taking public transportation the employer offered bicycles to the employees. The claimant elected to check out a bicycle from the employer and signed a waiver form acknowledging that she was borrowing the bicycle as a convenience and understood that the employer’s insurance policies did not include any coverage on the bicycle.          On July 4, 2019, while riding the bicycle from her residence to rehearsal, the front wheel stopped abruptly and the claimant fell and fractured a bone in her right wrist. The accident occurred prior to work hours and off the employer’s premises.          Based upon these factual findings, the ALJ concluded that the claimant failed to carry her burden to show a compensable injury. Citing to factors in Madden v. Mountain West Fabricators, 977 P.2d 861 (Colo. 1999), the ALJ concluded that the claimant was not in travel status and accordingly denied and dismissed the claim. ...

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