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IN THE MATTER OF THE CLAIM OF ROBERT G. LESTER Claimant
vs.
SKILL STAFF OF COLORADO INC. Employer and COLORADO COMPENSATION INSURANCE AUTHORITY Insurer Respondents.
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Issues:
Workers' compensation, post-accident testing, policy and procedure, refusal.
Case Summary:
Officials at Skill Staff, a private business interest, appeal an administrative law judge's ruling that awarded total disability benefits to an injured employee. The employee, Robert Lester, injured his back in a work-related accident. The company approved temporary benefits for Lester. He eventually received authorization to return to work, but later complained of continued problems. A chiropractor determined Lester had re-injured his back and authorized a medical disability. The company terminated Lester after he refused to comply with a drug test. Lester subsequently applied for disability benefits.
Decision of lower jurisdiction:
A Colorado administrative law judge ruled in favor of Lester and authorized total disability benefits. The company now appeals
Outcome:
The company loses. The Colorado Industrial Claim Appeals Office affirmed the ruling of the lower jurisdiction. The appeals office ruled that the company failed to prove the lower jurisdiction erred in its decision.