RTD recently reached an agreement with a driver (Ms. Mills) whose vehicle was struck by an RTD Train in Denver. It was reported that the RTD driver originally lied about how the collision occurred and suggested Ms. Mills was at fault for the collision. Ms. Mill’s attorney was able to obtain video footage of the collision through a Denver Police security camera to prove that RTD was the at fault party in the collision. Ms. Mill’s eventually filed a lawsuit seeking damages for the cost of her destroyed car. It was reported that RTD agreed to settle her claim for $60,000.00.
Have you or a member of your family been injured by a vehicle owned or leased by a governmental entity? If so contact Larson Larimer Schneider, P.C. and speak to an attorney today.
Colorado Court of Appeals recently issued an opinion in Montoya v. Industrial Claim Appeals Office, where the esteemed panel analyzed the definition of disability for the purpose of the wages recoverable in workers’ compensation proceedings. Claimant sustained a wage loss of $20,000.00 in commissions earnings despite having a full duty release from the medical provider. Prior to Montoya, the courts generally agreed that workers’ compensation disability benefits include elements of medical impairment compensation and wage loss. Montoya concluded that “it does not necessarily follow that both elements must be met to justify a disability award.” The court concluded that “although the concept of disability incorporates both “medical incapacity” and “loss of wage earnings,” a claimant need not prove both components to establish entitlement to disability benefits under the Act.”