Blog Home

Medical Marijuana and Social Security Disability
Posted by: Amy Eaton-Fitzpatrick
January 03, 2012
Topic: Social Security

Sixteen states and the District of Columbia have passed laws legalizing the use of marijuana for medical conditions, including the states of Colorado and New Mexico. In addition, six other states have pending legislation to legalize medical marijuana. However, marijuana remains illegal on the federal level, regardless of whether it is used for medical or recreational purposes. This is nowhere more apparent than in the recent crack down on marijuana dispensaries in California.

A lot of people think that because medical marijuana is legal in their state, the use of medical marijuana should have no impact on their social security claim. However, it does. Social security disability benefits are federal benefits. The award of social security disability benefits to an individual is made by a federal administrative law judge who administers federal laws. The use of medical marijuana complicates a social security disability case for a number of reasons. First,

Continue Reading

Punitive Damages
Posted by: Nicholas Mayle
December 30, 2011
Topic: Personal Injury

One of the most commonly reported aspects of the law in the media is the issue of punitive damages. Whenever a large punitive damage award is given in a high profile case, it is sure to draw the attention of the national media. Along with this attention usually comes debate over whether punitive damage awards are too high. Unfortunately, this debate is usually fueled by a lack of understanding regarding what punitive damages actually are, when they can be awarded, and how much can be awarded.

Punitive damages are awardable under Colorado law. However, in Colorado they are usually referred to as "exemplary damages." Punitive Damages are damages designed to punish the defendant for seriously bad conduct. The Colorado Supreme Court adopted this principle long ago, stating, there are two purposes of punitive damages: "punishing the wrongdoer and setting an example for others." French v. Deane, 23 P. 609, 612 (Colo. 1894).

How are punitive damages different from other types of damages? Other types of damages are usually called actual damages and are designed to help the victim or person bringing the lawsuit. For instance, if the defendant injures someone and causes them to incur $20,000.00 in medical bills

Continue Reading

Medical Marijuana and Your Workers' Compensation Claim
Posted by: Amy Eaton-Fitzpatrick
December 20, 2011
Topic: Workers' Compensation

In November 2000, Colorado voters approved Amendment 20, which legalized the use of marijuana for medicinal purposes by patients with certain debilitating medical conditions. Since November 2000, the number of medical marijuana users in the state has grown. This creates complications for a workers' compensation claim.

Pinnacol Assurance, one of the biggest insurers for workers' compensation injuries in the State of Colorado, put out a newsletter in February 2010, suggesting several ways in which an injured worker can be penalized for using medical marijuana. For example, Pinnacol Assurance points out in its newsletter that, although medical marijuana has been legalized in Colorado, it remains illegal on a federal level. As a consequence, physicians are only permitted to "recommend" medical marijuana, not prescribe it. Because medical marijuana cannot be "prescribed," it qualifies as a "not medically prescribed controlled substance," and the presence of marijuana in your system allows a workers' compensation insurer, such as Pinnacol, to reduce your indemnity (i.e., wage replacement) benefits by 50% for intoxication or for violation of a safety rule if it is found in your system at the time your work injury occurre

Continue Reading

What Do You Do?: Making Sense of My New Profession
Posted by: Sean Goodbody
December 13, 2011
Topic: General

"And what do you do?"

Until very recently, I never had a good answer for that question. I've had answers, for sure, but never very interesting answers, and never about anything permanent. (There's only so much people want to hear about my being a student, an intern, or someone "just working here for the summer.")

But since late October, I finally have a definite answer: "I'm a lawyer."

It took four years of college and three years of law school (and a whole lot of tests) to be able to say that. Law professors told us - and we law students told each other - that passing the bar exam and getting sworn in as an attorney would feel wonderful. And it has.

But I've noticed something they never taught us in law school: when you tell someone, "I'm a lawyer," there's a decent chance that they'll cringe, and then tell a joke that begins, "So there's a busload of lawyers driving towards a cliff..."

Alexis de Tocqueville, the French admirer of 19^th-Century American democracy, said that lawyers

Continue Reading

Telephone Record Theft
Posted by: Damon Davis
December 13, 2011
Topic: General

The News of the World scandal involving phone hacking by the Rupert Murdoch owned paper, raises questions regarding the legal protection of telephone records. The scandal involved telephone hacking into the voicemails of crime victims and military families. Colorado makes it illegal for persons to obtain the telephone records or sell the telephone records of another. Section 18-13-125, C.R.S. The sale or purchase of such records is a misdemeanor.

Additionally, Colorado law permits an individual whose telephone records have been traded to bring a lawsuit. Section 13-21-122.5, C.R.S. Such a suit may be brought under the lower preponderance of the evidence standard, even if the perpetrators have not been found guilty of a crime. Section 13-21-122.5(1), C.R.S. The plaintiff may recover actual damages, including "to reputation or credit rating, punitive damages, and attorney fees and costs."

Continue Reading