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Insurance Nightmares With Independent Contractors and Common Carriers

Insurance Nightmares With Independent Contractors and Common Carriers. By William Sterck Senter Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290 303.320-0509 www.sgrllc.com. OVERVIEW. Why Care About the Nightmare?. How Did the Nightmare Begin?.

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Insurance Nightmares With Independent Contractors and Common Carriers

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  1. Insurance Nightmares WithIndependent Contractors and Common Carriers By William Sterck Senter Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290 303.320-0509 www.sgrllc.com

  2. OVERVIEW Why Care About the Nightmare? How Did the Nightmare Begin? What’s Fueling the Nightmare? Will the Nightmare Ever End?

  3. Why care about the nightmare? • Work Compensation Law – Its what we do • Employee • Independent contractor • Independent Contractors – Motor Carriers • Occupational Accident Insurance Policy • Contingent Liability Policy • Illusory Policy

  4. How did the nightmare begin? • 8-40-202 C.R.S. • 8-40-301 C.R.S. • 40-11.5-102 C.R.S.

  5. What’s fueling the nightmare? • Workers’ Compensation Policy (Employer) • Occupational Accident Insurance Policy (Driver) • Contingent Liability Policy (Company/Employer) • Illusory • Deceiving by false appearances; nominal, as distinguished from substantial; fallacious; illusive. (Black’s Law) • USF Distribution Service, Inc. v. Industrial Claims Appeals Office, 111 P.3d 529 (Colo. App. 2004). • Mahadi Sikkal v. MKBS, LLC and TIPQC Services, LLC, and Pinnacol Assurance, citing 2011 WL 5892002 (Colo. Ind. Cl. App. Off.)

  6. Will the nightmare ever end? • Colorado Disfavors Independent Contractors • Similar will always mean equal • Why not stacking? • Workers’ Compensation Policy cures nightmares???

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