Edith Keating v. Delta County Memorial Hospital Industrial Claim Appeals Office of the State of Colorado and Robert C. Adams d/b/a Bob Adams Trucking

Supreme Court of Colorado

Edith Keating v. Delta County Memorial Hospital Industrial Claim Appeals Office of the State of Colorado and Robert C. Adams d/b/a Bob Adams Trucking

Opinion

Court of Appeals Case No. 20CA1523

Petition for Writ of Certiorari DENIED.

JUSTICE GABRIEL does not participate.

JUSTICE SAMOUR would grant as to the following issues:

Whether the court of appeals erred as a matter of law in holding that a medical provider who knowingly violates section 8-42-101(4), C.R.S. (2021), for 119 consecutive days by continuing to "seek to recover [medical] costs and fees" from an injured employee is not subject to the Act's continuing daily penalty provision, § 8-43-305, C.R.S. (2021).

Whether the court of appeals erred as a matter of law in interpreting the continuing penalty provision of section 8-43-305, C.R.S. (2021), to be inapplicable to a medical provider's unlawful debt collection processes based upon the erroneous conclusion that such unlawful processes cannot be cured.

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