Opinion
21SC545
11-22-2021
Edith Keating, Petitioner v. Delta County Memorial Hospital; Industrial Claim Appeals Office of the State of Colorado; and Robert C. Adams d/b/a Bob Adams Trucking, Respondents
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. 1