ANNOUNCEMENTS

COLORADO SUPREME COURT

MONDAY, OCTOBER 19, 2009
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OPINIONS

SUPREME COURT, STATE OF COLORADO Case No. 08SA312

Two East 14th Avenue
Denver, Colorado 80203

Appeal from the District Court

Water Division Case No. 3, 04CW24
Honorable O. John Kuenhold, Judge

Concerning the Matter of the Rules Governing New Withdrawals of Ground

Water in Water Division No. 3 Affecting the Rate or Direction of Movement
of Water in the Confined Aquifer System aka “Confined Aquifer New Use
Rules for Division 3”

Appellants:

Cotton Creek Circles, LLC; Colorado Association of Home Builders; and San
Luis Valley Water Co. LLC,

v.

Appellees:

Rio Grande Water Conservation District; Rio Grande Water Users

Association; Conejos Water Conservancy District; and Dick Wolfe, in his
official capacity as the State Engineer for the State of Colorado.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART

EN BANC

CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court.

JUSTICE EID concurs in part and dissents in part, and JUSTICE HOBBS joins
in the concurrence and dissent.

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SUPREME COURT, STATE OF COLORADO Case No. 08SC185

Two East 14th Avenue
Denver, Colorado 80203

Certiorari to the Colorado Court of Appeals

Court of Appeals Case No. 06CA0733
Petitioners:
Anthony Lobato, as an individual and as parent and natural guardian of
Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as
parent and natural guardian of Taylor Lobato and Alexa Lobato; Jaime
Hurtado and Coralee Hurtado, as individuals and as parents and natural
guardians of Maria Hurtado and Evan Hurtado; Janet L. Kuntz, as an
individual and as parent and natural guardian of Daniel Kuntz and Stacey
Kuntz; Pantaleon Villagomez and Maria Villagomez, as individuals and as
parents and natural guardians of Chris Villagomez, Monique Villagomez and
Angel Villagomez; Linda Warsh, as an individual and as parent and natural
guardian of Adam Warsh, Karen Warsh and Ashley Warsh; Elaine Gerdin, as
an individual and as parent and natural guardian of N.T., J.G. and N.G.;
Dawn Hartung, as an individual and as parent and natural guardian of
Q.H.; Paul Lastrella, as an individual and as parent and natural guardian
of B.L.; Woodrow Longmire, as an individual and as parent and natural
guardian of Tianna Longmire; Steve Seibert and Dana Seibert, as
individuals and as parents and natural guardians of Rebecca Seibert and
Andrew Seibert; Olivia Wright, as an individual and as parent and natural
guardian of A.E. and M.E.; Herbert Conboy and Victoria Conboy, as
individuals and as parents and natural guardians of Tabitha Conboy and
Timothy Conboy; Terry Hart, as an individual and as parent and natural
guardian of Katherine Hart; Larry Howe-Kerr and Kathy Howe-Kerr, as
individuals and as parents and natural guardians of Lauren Howe-Kerr and
Luke Howe-Kerr; John T. Lane, as an individual; Jennifer Pate, as an
individual and as parent and natural guardian of Ethan Pate and Evelyn
Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents
and natural guardians of Robert Podio and Samantha Podio; Tami Quandt, as
an individual and as parent and natural guardian of Brianna Quandt, Cody
Quandt and Levi Quandt; Brenda Christian, as an individual and as parent
and natural guardian of Ryan Christian; Toni L. McPeek, as an individual
and as parent and natural guardian of M.J. McPeek, Cassie McPeek and
Michael McPeek; Christine Tiemann, as an individual and as parent and
natural guardian of Emily Tiemann and Zachary Tiemann; Paula VanBeek, as
an individual and as parent and natural guardian of Kara VanBeek and
Antonius VanBeek; Larry Haller and Pennie Haller, as individuals and as
parents and natural guardians of Kelly Haller and Brandy Haller; Tim Hunt
and Sabrina Hunt, as individuals and as parents and natural guardians of

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Shannon Moore-Hiner, Eris Moore, Darean Hunt and Jeffrey Hunt; Mike
McCaleb and Julie McCaleb, as individuals and as parents and natural
guardians of Rebekka McCaleb, Layne McCaleb and Lynde McCaleb; Todd
Thompson and Judy Thompson, as individuals and as parents and natural
guardians of Garson Thompson and Tarek Thompson; Doug Vondy and Denise
Vondy, as individuals and as parents and natural guardians of Kyle Leaf
and Hannah Vondy; Brad Weisensee and Traci Weisensee, as individuals and
as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy
Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as
parent and natural guardian of Michael Topping; Donna Wilson, as an
individual and as parent and natural guardian of Ari Wilson, Sarah
Patterson, Madelyn Patterson and Taren Wilson-Patterson; David Maes, as
an individual and as parent and natural guardian of Cherie Maes; Debbie
Gould, as an individual and as parent and natural guardian of Hannah
Gould, Ben Gould and Daniel Gould; Lillian Leroux, as an individual and
as parent and natural guardian of Ari Leroux, Lillian Leroux, Ashley
Leroux, Alexandria Leroux and Amber Leroux; Theresa Wrangham, as an
individual and natural guardian of Rachel Wrangham and Deanna Wrangham;
Alamosa School District, No. RE-11J; Centennial School District No. R-1;
Center Consolidated School District No. 26 JT, of the Counties of
Saguache and Rio Grande and Alamosa; Creede Consolidated School District
No. 1 in the County of Mineral and State of Colorado; Del Norte
Consolidated School District No. C-7; Moffat School District No. 2, in
the County of Saguache and State of Colorado; Monte Vista School District
No. C-8; Mountain Valley School District No. RE 1; North Conejos School
District No. RE 1J; Sanford School District No. 6, in the County of
Conejos and State of Colorado; Sangre De Cristo School District, No. RE-
22J; Sargent School District No. RE-33J; Sierra Grande School District
No. R-30; and South Conejos School District No. RE 10,

v.

Respondents:
The State of Colorado; Colorado State Board of Education; Dwight Jones,
in his official capacity as Commissioner of Education of the State of
Colorado; and Bill Ritter, in his official capacity as Governor of the
State of Colorado.

JUDGMENT REVERSED
EN BANC

JUSTICE BENDER delivered the Opinion of the Court.

JUSTICE RICE dissents, and JUSTICE COATS and JUSTICE EID join in the
dissent.
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SUPREME COURT, STATE OF COLORADO Case No. 08SC587

Two East 14th Avenue
Denver, Colorado 80203

Certiorari to the Colorado Court of Appeals

Court of Appeals Case No. 07CA1263

Petitioners:

David H. Currier and Heather S. Schultz,

v.

Respondents:

Michael Sutherland, Special Administrator of the Estate of Eloy Lopez;

Estate of Eloy Lopez; and State Farm Mutual Automobile Insurance Company.

JUDGMENT AFFIRMED
EN BANC

JUSTICE RICE delivered the Opinion of the Court.

JUSTICE EID concurs in part and concurs in the judgment in part, and
JUSTICE MARTINEZ and JUSTICE COATS join in the opinion of JUSTICE EID
concurring in part and concurring in the judgment in part.

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PETITIONS FOR REHEARING

NONE
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PETITIONS FOR WRIT OF CERTIORARI

No. 09SC74
Court of Appeals Case No. 04CA1098

Petitioner:
Anthony Lolin Jimenez,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC286
Court of Appeals Case No. 07CA0187

Petitioner:
John Martin Shover,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC400
Boulder County District Court Case No. 08CV1070

Petitioner:
Stephen Murtha, d/b/a Ponderosa Management Company,
v.
Respondents:
Robert S. Bertron and all other occupants.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC583
Court of Appeals Case No. 08CA0671

Petitioners:
Robert Thomas; Heidi Thomas; and Springs Hospitality, Inc., a Colorado
corporation,
v.
Respondents:
Gholamerza Rahmani-Azar, a/k/a Bruce Rahmani; Willis Wetzler, in his
capacity as derivative shareholder of Springs Hospitality, Inc., a
Colorado corporation; Colorado Springs Lodging, Inc., a Colorado
corporation; Colorado Hospitality Services, Inc., a Colorado
corporation; Colorado Springs Hospitality Services, LLC, a Colorado
limited liability company; and Jerome T. Heymans.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC612
Court of Appeals Case No. 08CA0767

Petitioners/Cross-Respondents:
City of Manassa and Pinnacol Assurance,
v.
Respondent/Cross-Petitioner:
Dale Ruff,
and
Respondent:
Industrial Claim Appeals Office of the State of Colorado.

Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred in holding, contrary to Benuishis

v. Industrial Claim Appeals Office, 195 P.3d 1142 (Colo. App. 2008)
(cert. denied), that the prohibition in Workers’ Compensation Rule of
Procedure 11-2(H), 7 Code Reg. 1101-3, against a Division of Workers’
Compensation Independent Medical Examination physician having an
actual or appearance of a conflict of interest is not limited to
relationships between the DIME physician and claimant’s treating
physicians, but rather may also apply to a DIME physician’s
contractual relationship with an insurer.

Whether the court of appeals erred in failing to defer to the

interpretation by the Director of the Division of Workers’
Compensation (“Division”) and the Industrial Claim Appeals Office that
a DIME physician’s contractual relationship with an insurer does not
create an actual or appearance of a conflict of interest prohibited by
WCRP 11-2(H), 7 Code Colo. Reg. 1103-3.

Whether the court of appeals erred in remanding this case to the

administrative law judge to “consider the extent of the DIME
physician’s financial relationship with Pinnacol to determine whether
this relationship creates the appearance of a conflict of interest,”
where the administrative law judge’s previous order contains full
findings regarding such financial relationship.

Whether the performance of a DIME is a quasi judicial function

requiring the DIME physician to disclose information to the parties
regarding either the appearance of or an actual conflict of interest,
as well as requiring the disqualification of the DIME physician in the

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presence of a financial, business, employment, consulting, or similar
relationship with a party to the dispute.
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No. 09SC630
Court of Appeals Case No. 08CA1363

Petitioners:
William Martin and Shelley Martin,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC685
Teller County District Court Case No. 08CV68

Petitioner:
Donald William Rosen,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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