Revisiting Personal Injury & Workers Compensation Awards & Divorce with Philip Goldberg | Episode 202

Personal Injury and Workers Compensation in a Colorado DivorceIn this episode of Divorce at Altitude, Ryan Kalamaya and guest Philip Goldberg, a seasoned divorce attorney in Denver, delve into the complex issues of personal injury and workers' compensation claims in Colorado divorces. These claims can have significant implications for the financial division of assets, especially when large settlements or awards are involved.Ryan and Philip discuss how personal injury awards—whether from car accidents, workplace injuries, or other accidents—are treated in divorce cases, particularly under Colorado law. The episode explores Colorado’s unique stance on personal injury awards, explaining how the classification of these funds is influenced by when the injury occurred during the marriage.Guest InformationPhilip Goldberg is a divorce attorney based in Denver with a wealth of experience in handling complex family law matters. An AV-rated trial lawyer, he has tried multiple cases before the Colorado Supreme Court and the Court of Appeals, and he is licensed to practice in both Colorado and Georgia. Philip's practice includes probate and estate litigation, real estate, and appellate work, and he has been recognized in the Best Lawyers in America.Episode HighlightsPersonal Injury Awards and Divorce Ryan and Philip explain how Colorado classifies personal injury awards as marital or separate property depending on the timing of the injury and the nature of the compensation.How Workers' Compensation is Treated in Divorce The discussion explores the analytic approach in Colorado for dividing workers' compensation benefits, particularly when lump sum settlements or ongoing payments are involved.The Mechanistic Approach to Personal Injury Awards Philip explains why Colorado takes a mechanistic approach to classifying personal injury awards, where all funds received from injuries during the marriage are considered marital property.Disproportionate Allocations of Injury Proceeds Ryan and Philip discuss how courts have the discretion to allocate personal injury and workers' compensation funds unequally based on the circumstances of the divorce.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.