Colorado Workers' Compensation Information www.coloradoattorney.com

November 21, 2003 (Very sad news. Our prayers go out to the victim)

Shooter violated safety, experts say
By Shane Benjamin
Herald Staff Writer

McLaughlin

Troy McLaughlin, the man who accidentally shot another man in the head, violated the first, third and sixth "commandments" of hunting safety, witnesses testified Thursday in District Court.

The first rule is to treat every firearm as if it were loaded. The third rule is to be sure of the target and what is beyond it. The sixth rule is to never point a firearm at anything you do not want to shoot.

The "Ten Commandments of Hunting Safety" were reviewed Thursday in District Court by Pat Dorsey, area wildlife manager for the Colorado Division of Wildlife in Durango. The commandments have been in existence since the 1950s.

McLaughlin, 53, a lifelong La Plata County resident, was an avid hunter up until Nov. 15, 2001, when he killed Denver resident Johnathon Grosjean, 27.

According to DOW records, McLaughlin obtained about four hunting permits every year since at least 1994 the earliest available information Dorsey had while testifying Thursday, the fourth day of McLaughlin's manslaughter trial. The average hunter takes out about 1.5 permits a year, she said.

The prosecution says McLaughlin failed to follow basic hunter-safety rules when he killed Grosjean.

The last hunter-safety class McLaughlin attended was a rifle course in 1987, Dorsey said. It is a rigorous class that teaches the "Ten Commandments," among with other safety tips, in about 12 hours. Hunter-safety classes are a requirement for Colorado hunters, she said.

In other court action Thursday, a ballistics expert testified about the possible flight of the bullet, and the prosecution rested its case against McLaughlin, giving the defense a chance to call its first witnesses.

McLaughlin, wearing a white shirt, bolo tie, blue jeans and cowboy boots, appeared to be in a good mood Thursday. During a lunch break, he was seen hopping from boot to boot, doing a little dance, while talking to friends. About 18 of his friends attended Thursday's trial proceedings.

Family members of the victim have attended every day of the trial. They removed themselves from the courtroom Thursday, however, for La Plata County Coroner Carol Huser's testimony. Huser did the autopsy on Grosjean.

McLaughlin is charged with reckless manslaughter, punishable by up to six years in prison, and a lesser charge, negligent homicide, which is punishable by up to three years in prison. He is suspected of standing inside his bedroom at 115 Trestle Lane, southeast of Wal-Mart, and accidentally firing his wife's hunting rifle, thinking the gun was empty. The bullet shattered his bedroom window, flew through the windshield of Grosjean's truck and struck Grosjean in the head, killing him.

Grosjean was driving up to McLaughlin's home as a representative of Pinnacol Assurance, an insurance company, for a scheduled business meeting. McLaughlin owns M Reverse T Construction, and was a policyholder with Pinnacol. McLaughlin and Grosjean did not know each other.

McLaughlin told investigators he did not know the gun was loaded, and he did not see Grosjean through the scope when he pulled the trigger. He said he was preparing to put away his and his wife's hunting rifles, according to authorities. He also said the gun was malfunctioning by not ejecting casings.

The District Attorney's Office has presented large-scale exhibits such as color photographs and maps, and it has hired expert witnesses.

On Thursday, Jeff Boyar, a good friend of McLaughlin's, testified about McLaughlin's hunting habits. He said McLaughlin always removes bullets from his guns after a day of hunting by pulling on the bolt action several times, even after the bullets stop coming out. He also never allows a loaded weapon into a tent, Boyar said.

The 14-person jury is expected to take a field trip to McLaughlin's house today. Jurors likely will have a chance to look through a scope from the room where McLaughlin was standing when the gun fired. Sheriff's Office deputies will patrol the property for safety.

Lucien Haag, a ballistics expert from Carefree, Ariz., was hired by the District Attorney's Office to test the gun and its bullets. He described the velocity of the bullets and the trajectory of the bullets, and explained how bullets break apart when flying through glass.

Based on his study, Haag could not determine if McLaughlin saw the victim, but said the bullet was traveling at a high velocity when it struck Grosjean.

Outside the courtroom, Haag said strange things can happen with guns. He recalled a shooting accident he helped reconstruct three or four years ago outside Las Vegas. A person was shooting at a target, and a bullet cleared the top of a hill. On the bulletdownward journey on the other side of the hill, it struck a police officer riding a bicycle in the head, killing him, Haag said. "He didn't know what hit him."

Haag could not remember if the man who fired the shot was convicted of a crime.

November 18, 2003

Slip leads to suit against city Glenwood Sued

By Greg Massé
Post Independent Staff

GLENWOOD SPRINGS — A slip-and-fall accident on municipal property here prompted Pinnacol Assurance to file a lawsuit against the city seeking unspecified damages.
The accident happened on Nov. 6, 2001, when Aspen Mountain Landscaping employee Jay Kuenne was doing landscaping work for the city near the Glenwood Canyon Trail.
Kuenne was working at the Glenwood Springs vapor caves water vault when he slipped off the rung of a ladder and fell, “due to the unsafe condition of the ladder,” the suit alleges.
The suit alleges the city “knew, or reasonably should have known a dangerous condition existed.”
The suit, which was filed Nov. 6 — exactly two years after the incident in question — targets the city and, more specifically, the city’s water department.
It says Pinnacol Assurance paid worker’s compensation benefits to Kuenne and now the Englewood-based insurance company wants to be reimbursed.
Pinnacol Assurance attorney Mark J. Gauthier and Glenwood Springs city attorney Karl Hanlon both declined to comment on the case.

Contact Greg Massé: 945-8515, ext. 511
gmasse@postindependent.com www.coloradoattorney.com

Moody Insurance Notes Large Dividend for Colorado Roofing Assoc.
November 19, 2003

Moody Insurance Agency, which specializes in bonding services for contractors, risk management, and insurance, announced a $475,236 dividend for 17 members of its Colorado Roofing Association Workers' Compensation Program, offered through Pinnacol Assurance. The dividend is for the 2001-2002 policy year and is the fourth consecutive annual dividend.

Since starting the program in 1998, Moody Insurance has declared more than $1.6 million in dividends for participating program members. The average dividend per member equals nearly 30 percent of the annual insurance premiums, making this reportedly one of the construction industry's most attractive and successful workers' compensation programs.

The most recent dividend was shared among the following 17 participating contractor and supplier members:

Academy Roofing, Inc., of Aurora, Colo.

Arapahoe Roofing, Inc., of Broomfield, Colo.

Basalt Industries Corporation, of Basalt, Colo.

Black Roofing, Inc., Boulder, Colo.

Campbell Beard Roofing, of Denver

Plath Construction, Inc., of Eagle, Colo.

Pro-Tech Roofing Systems, LLC, of Larkspur, Colo.

Roofing Supply of Colorado, Inc., of Denver

Stahl Roofing, Inc., of Denver

Statewide Wholesale, Inc., of Denver

Summit Roofing, Inc., of Telluride, Colo.

Tennant Roofing, Inc., of Delta, Colo.

Tiley Roofing, Inc., Arvada, Colo.

Turner Morris, Inc., of Arvada, Colo.

Weathersure Systems, Inc., of Englewood, Colo.

Western Roofing, Inc., of Golden, Colo.

Wilson Brothers, Inc., of Denver

"For participating members, this program can offer a significant cost savings on annual premiums and schedule credits, while encouraging improved worksite safety, both of which create a competitive advantage for our members," said Brad Moody, executive vice president of Moody Insurance Agency. "It is a proactive and time-tested approach to reducing insurance costs."

Moody Insurance created the Colorado Roofing Association Workers' Compensation Program to take advantage of the preferred pricing offered to association programs by Pinnacol Assurance. The program is offered to large and small contractors who can meet stringent participation criteria. There are currently 29 program members.

www.coloradoattorney.com

Workers comp premiums for employers to decline
By Associated Press
November 5, 2003

FORT COLLINS - Many Colorado employers will see workers compensation premiums drop next year under another round of cost cuts.

The Colorado Division of Insurance recently approved an average statewide "loss costs" decrease of 6.1 percent that will take effect Jan. 1. The money is what it costs to cover losses, and it makes up a large part of an employer's insurance premium.

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"Employer by employer, this number will be different," said Magda Karpuk, spokeswoman for the National Council on Compensation Insurance. "Overall, employers will see a decrease." It will be the third decrease since 2001, when the insurance division approved a 7.4 percent reduction, said Kirk Yeager, agency spokesman. Last year, loss costs dropped an average of 10 percent.

"When you put the three years together, this is a positive trend," he said.

Colorado is now one of the best states for workers compensation insurance, said Carole Walker, spokeswoman for the Rocky Mountain Insurance Information Association.

"This is a good sign," she said Monday. "I think we should feel good about the steps we've taken toward improvement." Premium costs for workers comp vary drastically depending on the type of business, its payroll and its employees, Yeager said.

"A company might have 20-some employees who have manufacturing on one class code and some sales reps on another," he said.

Loss costs don't account for other fluctuations that might affect the premium, Karpuk said. Premiums also depend on the insurance carrier.

"Loss costs are the overall for the whole state on the average," she said. "Then each employee will see a rate based on their particular type of business. They might not see a decrease." www.coloradoattorney.com