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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