The Colorado Supreme Court issued its opinion in City of Brighton v. Rodriguez on Monday, February 3, 2014.
Workers’ Compensation—Liability—CRS § 8-41-301(1)(c)—Settlement and Hearing Procedures—CRS § 8-43-201(1).
In this workers’ compensation case, the Supreme Court held that an “unexplained fall” satisfies the “arising out of” employment requirement in CRS § 8-41-301(1)(c), if the fall would not have occurred but for the fact that the conditions and obligations of employment placed the employee in the position where he or she was injured. Additionally, the Court held that when a party seeks to modify an issue determined by a general or final admission, a summary order, or a full order, per CRS § 8-43-201(1), that party has the burden of proving by a preponderance of the evidence that a modification is warranted. Accordingly, the Court affirmed the court of appeals’ holding, but for different reasons.
Summary and full case available here.