Host Paula Rhoads reviews Colorado's statutes defining mentally disabled people and finds them lacking. C.R.S. 27-10-102 (gravely disabled) and 15-14-102 (can't communicate or think quickly) and 13-81-
But where do people disabled by traumatic brain injuries fit? Or any brain injuries? And if you could get defined as gravely disabled, where does that get you? Institutionalized?
And Paula shares James v. Brookhart Lumber, a case decided by the Colorado Court of Appeals that lifts the statute of limitations for people who are mentally disabled regarding worker's compensation cases. It also states the Industrial Claims Appeals Commission and worker's comp division are not the proper forum to decide if a person is mentally disabled.
So where is the "court of competent jurisdiction?"
The Colorado Supreme Court seconded that case with another, in Southard v. Miles, finding the statutes lifting the statute of limitations for mentally incompetent people trumps the statutes of limitations on medical malpractice claims.
And is the public served best by putting mentally disabled people through the gauntlett of the worker's comp system? While denying the "immediate medical care" the Colorado Worker's Compensation Act originally promised?
Does denying care to mentally ill people make any sense?
Reflecting on the Deer Creek Middle School shooting last Tuesday, is it time for Colorado to change its ways and stop discriminating against the mentally ill?
Between the preaching, Paula shares Cabiin Fever Remedies in the Butterfly Pavilion, a few jokes and a few bills the Legislature is approving and sending through, so far.
Brush up on these bills at Colorado.gov so you are prepared for March 9, the Capitol Coffee with the Brain Injury Association of Colorado at the Capitol, in the Old Supreme Court Chambers on the second floor, from 8 a.m. to 11 .m. Gavin Attwood, Executive Director of BIAC, promises plenty of coffee and pastries this year.