Ahmadi v. ICAO
25CA148
Colo. Ct. App.Jun 5, 2025Background
- Hadi Ahmadi was employed by Swissport USA, Inc., moving boxes in a warehouse.
- In February 2024, Ahmadi experienced lower back pain and was initially diagnosed with acute midline back pain and left-sided sciatica at Denver Health.
- He later saw Dr. Cynthia Rubio, who diagnosed a muscle strain; an MRI indicated chronic but not acute work-related injury.
- Dr. Rubio closed Ahmadi’s workers’ compensation case, finding no work-related injury.
- Ahmadi requested an evidentiary hearing before an ALJ, who found he failed to prove a compensable, work-related injury under the Colorado Workers’ Compensation Act; the Panel affirmed.
- Ahmadi appealed pro se to the Colorado Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compensability of Injury | Injury arose out of and in course of employment; cited medical/test. | Injury was not caused by work; medical evidence supports | Ahmadi failed to prove work-related injury; ALJ’s denial affirmed. |
| Timely Notice/Reporting | Reported pain to supervisors in early February 2024. | First official report was in mid-March 2024. | ALJ’s finding—no error in timeline; evidence supported employer’s timeline. |
| Pro Se Litigant Treatment | ALJ failed to assist him due to pro se status. | No indicated failure in ALJ’s conduct. | No requirement for specific accommodations absent identified errors. |
| Use of Translator | Dr. Rubio did not use a translator, leading to flawed assessment. | No specific errors in report identified. | No basis to disturb ALJ’s reliance on Dr. Rubio’s opinion for lack of translator. |
Key Cases Cited
- Popovich v. Irlando, 811 P.2d 379 (Colo. 1991) (defines "in the course of" employment as relating to time, place, and circumstances of injury)
- Horodyskyj v. Karanian, 32 P.3d 470 (Colo. 2001) (explains causation requirements for injuries arising out of employment)
- Delta Drywall v. Indus. Claim Appeals Off., 868 P.2d 1155 (Colo. App. 1993) (weight and credibility determinations are exclusive to the fact-finder)
- Sullivan v. Indus. Claim Appeals Off., 796 P.2d 31 (Colo. App. 1990) (upholds findings supported by substantial record evidence)