More Built-Ins and Trim Work

All the lavender is blooming and the bees love it. What are the odds the house will be ready when the blooms are done?
Anyway, the trim carpenters have been busy, although we still seem to only have a half crew. I met with the landscaper who is only moving around boulders for now, and we have to place a few more of the big ones then the driveway should be going in.








I found a site on the web that makes custom wood pieces, including a variety of table and island legs. The wood is the same as the rest of the house, alder. For the overhang of the island I bought 2 legs, which fit very well and matched the standard height. The carpenters will connect them with more support for the top. I also ordered a third leg for additional support and looks. The stain crew will match the color with the island cabinets.




Adjacent to the kitchen is a recess at the end of the hallway where we're putting a built in hutch. This will have drawers at the bottom and cabinets on top. I ordered half legs from the same site, and those are applied to the front of the hutch and the carpenters finished around the base. We've been pleased with the craftmanship so far.




Drawers will be made to fit in the lower section. Cabinets go on top, and wood backing covers the area of drywall still visible. At the top, a front will go to the ceiling and we'll put some type of carving over that.






Stairway posts and railings. The tops need to be finished up. THe ballisters will have the look of branches and leaves. A sample was brought in, shown below. "Leaves" will be welded to the branches.











Basement great room above. The mantel is 10 inches deep and the wall will be finished with stone, with wood cabinets to either side. A platform will hold our large tv console that we have now, to the left of the fireplace.
Below is the master bath. The platform for the tub has panels to match the cabinets. Those are removable to access the tub "equipment" underneath.







Lori in the study above and below. This is mostly done. Cabinet doors and shelving will be fitted.














Dining room 2 pictures above. The trim around the fireplace needs a little finishing, with wood over the drywall still showing.
Below, the mudroom. On top, the sink cabinets with small cabinets adjacent to the window. Below that, the elevator door with a closet to the right. To the left of the door a bench for shoes, and over that cabinets with a wood mount for hooks underneath.

Lawsuit Victory

I was the victim of a harassment lawsuit involving a case where I performed some medical-legal work on. The lawyer in effect was accusing me of "conspiring" with the insurance company on the case. Basically, he's trying to make it too expensive and troublesome for doctors to evaluate his client's cases in these situations. This time, however, he got burned. The suit got dismissed and he got the opportunity to pay my attorney for my trouble. I'm glad I didn't have to, since it was about $18000. He still can appeal, but it will just end up costing him more. That sure feels good.


THIS MATTER comes before me upon consideration of Defendant John A’s
Motion to Dismiss pursuant to C.R.C.P. 12(b)(5). I have reviewed the Motion, Response,
Reply, and the entire court file, and have considered applicable statutory and case law. I make
the following findings of fact, conclusions of law, and enter the following ORDER:
Motions to dismiss pursuant to C.R.C.P 12(b)(5) are looked upon with disfavor and
should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts
that would entitle him to relief. Verrier v. Colo. Dept. of Corr., 77 P.3d 873 (Colo. App. 2003);
Sweeney v. United Artists Theater Circuit, Inc., 119 P.3d 538 (Colo. App. 2005). The court may
consider documents referred to in the complaint, even if not attached to the complaint, without
converting the motion to a summary judgment. Yadon v. Lowry, 126 P.3d 332, 336 (Colo. App.
2005).
As a result of a work related injury, Plaintiff was receiving workers’ compensation
benefits from Pinnacol. Plaintiff desired an independent medical evaluation of his maximum
medical improvement, and Defendant John A was selected. Defendant A is
contracted to participate in Pinnacol’s SelectNet network, and is a medical advisor for Pinnacol.
Defendant A earns about 25% of his income in these capacities. When Plaintiff
learned of these ties, he requested protective relief, which was denied by an Administrative Law
Judge. After his evaluation, he appealed the determination, but was again denied by an ALJ. On
March 21, 2008, the Colorado Industrial Claim Appeals Office denied Plaintiff’s appeal, stating
it would not depart from prior holdings that a DIME physician who participates in SelectNet and
serves on a physician advisory panel for the insurer, but has no financial stake in the outcome of
07CV10469
Page 2
the independent evaluation before him, does not have a conflict of interest. Ruff v. City of
Manassa, W.C. No. 4-446-932 (ICAO March 21, 2008).
Both Colorado Statute and the Workers’ Compensation Rules of Procedure state that a
member of the medical review panel or someone acting as a consultant is immune from any civil
liability if that person acted in good faith. COLO. REV. STAT. § 8-43-502(6); 7 COLO. CODE REGS.
§ 1101-3. Colorado Courts have held that a physician-patient relationship does not exist between
an independent medical examiner and the person being examined. Martinez v. Lewis, 969 P.2d
213, 219 (Colo. 1998). The physician only has a duty to “exercise professional skill in
conducting the examination” not to cause harm to the person undergoing the exam. Greenberg
v. Perkins, 845 P.2d 530, 536 (Colo. 1993).
Plaintiff’s allegations of Defendant acting in bad faith arise entirely from his failure to
disclose his relationship with Pinnacol. Colorado statutes and the Workers’ Compensation Rules
of Procedure do require that a physician not examine a claimant if “the appearance of or an
actual conflict of interest exists.” COLO. REV. STAT. § 8-43-502(6); 7 COLO. CODE REGS. § 1101-
3. In this case, two Administrative Law Judges and the Industrial Claim Appeals Office
determined that Defendant A’s relationship with Pinnacol is not a conflict of interest;
therefore he was not required to disclose it. This is similar to other ICAO decisions. See, e.g.,
Benuishis v. Cheyenne Mountain Zoological Soc’y, W.C. No. 4-312-807 (ICAO April 17, 2005)
(holding a physician who received 1/3 of his income due to relationship with workers’
compensation insurer did not have a conflict of interest); Robertson v. Chicago Creek Roads,
Inc., W.C. No. 4-388-293 (ICAO April 3, 2001) (holding physician did not have a conflict of
interest because he had no financial stake in the outcome of the case). Courts should afford
deference to statutory construction of the Workers’ Compensation Act made by the director of
the agency. Rook v. Indus. Claim Appeals Office of Colo., 111 P.3d 549, 552 (Colo. Ct. App.
2005).
I will defer to the Workers’ Compensation Agency and its interpretation of a conflict of
interest. Because there are no facts showing Defendant A did not act in good faith in
his role as an independent medical examiner, he is covered by the immunity provisions of C.R.S.
§ 8-43-502(6) and Rule 11 of the W.C.R.P. Furthermore, since no bad faith claim can exist
when Defendant A was in compliance with Workers’ Compensation regulations,
Plaintiff cannot bring this suit in District Court. Instead, Plaintiff must exhaust all of his
Administrative Court remedies and appeal any adverse decision to the Colorado Court of
Appeals, as set forth in C.R.S. § 8/43-307.
A defendant is entitled to reasonable attorney’s fees if a tort suit is dismissed under Civil
Procedure Rule 12(b). COLO. REV. STAT. § 13-17-201. Award of attorney’s fees when the Court
grants 12(b) motion to dismiss in a tort action is mandatory. Kreft v. Adolph Coors Co., 170
P.3d 854, 859 (Colo. Ct. App. 2007).
07CV10469
Page 3
Defendant John A’s Motion to Dismiss is GRANTED and Plaintiff’s complaint
relating to Defendant A are DISMISSED with prejudice. Defendant John
A’s Request for Attorney’s Fees is GRANTED, as required by law. Defendant
A shall submit an affidavit of attorney’s fees and costs within 10 days of the date of
this order. Plaintiff may file a response within 5 days thereafter. If any party wants a hearing on
attorney’s fees and costs, they may request one in their submission
Done this 9th day of July, 2008.
BY THE COURT:
Robert L. McGahey, Jr.
District Judge

New Stuff by the End of June

Somebody broke into our garage (actually, crawled under the main door that was partially open to let it cool down and I forgot to close it), and stole my new snow blower and stole my camera from the landcruiser. Thus, a new camera was required. It has lots of buttons and thingies and seems very complicated, but takes very nice pictures so far with many adjustments possible. The manual makes for interesting reading. It is an Olympus E3. All the previous lenses work with it.






Max is ready to go check it out, says "let's GO"







The kitchen counter tops are in. The island will require custom legs to support the overhang. The copper sinks look great, and the soapstone has great looking green
veins running through that look almost like jade. The island slate has the green grey hue that contrasts very well with the black highlight island cabinet. Unfortunately, everything has a thick layer of sawdust on it at the moment so you won't be able to tell, but trust me, it looks cool.





The carpenters have been slowly working on the trim work, building the "built ins" in the study, dining room and mud room. The study should be impressive, if I say so myself.



The study above. The back wall will have a desk top for the computer, shelves and cabinets. The ceiling has cross beams with can lights between and a spot for a ceiling fan in the middle. Below, the wall opposite the entry with shelves with a wood surround around the in wall studio fireplace.



Below, the dining room. On the left wall a built in cabinet with serving counter and sink. The fireplace also has a wood surround and will have a stone top hearth. To the right, window frames to hold (eventually) etched glass.



The front door and sidelight have been stained. There are about 5 coats of stain and several coats of polyurethane over that. I think they applied one coat per day. Lori helps give perspective to the size of the door (she's 5ft 1 in). The hinges will have to be well oiled, this thing is heavy!



And finally, the porches have been poured. We had the front smoothed in anticipation that we may eventually stain it. They look good, and for the front the facing will be finished with stone.




Above, the back patio under the main deck. Below, under the master deck.

Goodbye, Chapman

Once a dog has entwined himself round your heart
he is not only yours for life, but you are his.
When he is gone, his place is forever sacred.
Other dogs are just as precious
but they all have their allotted spot in your
affections kept for them or their memory.
A heaven without one's dogs
would not be the heaven we hoped for.
A dog is always man's best friend.
Written By: anonymous





Our little guy died a couple weeks ago. His appetite was fading and he was eating less and less, but he still was fairly active with us. On his last day he just couldn't wake up fully and arouse, and we had to take him in.
He sure was a trooper. When we first took him home, taking him in from a Brittany rescue, he had a limp and was taking some arthritis medication. That unfortunately just got worse and he needed a hip surgery half a year later. But it made a world of difference. He was relieved from what must have been a lot of pain, and got very active again. Like almost all dogs, he loved walks with us, our trips to the mountains where he ran all over and explored, the lot by the new house where he ran all over and explored, and especially the ride back and forth. He would share the window with Max, stick his head out and let his tongue flap. Sometimes the side of my vehicle was covered with slobber! He didn't like kids though, and almost got us in trouble a couple times by taking some "nibbles".
2 years ago he went blind and had a metabolic/hormonal disorder that slowed him down quite a lot. He adapted well, and learned his way around the yard and house. It was funny how well he could find his way quickly to the deck and door when he was called to eat.


He still loved to go for rides, and even though he was blind and sometimes even though he was out back in the yard, he knew when we were getting ready to go somewhere and wanted to go along. Unbelievably, if it was a weekend and I was home, both dogs knew to anticipate a trip to the new lot. Although Chapman couldn't run free, he seemed to liven up when guided on the leash and didn't want to stop. We had to settle him down and put him in back of the SUV just so he wouldn't wear himself out completely.
Chapman gave us many fine memories of his joy and companionship. Lori was very devoted to him, and returned the favor with incredible care and devotion, and Chapman continued to return the favor until the end. We miss him.



"If there are no dogs in Heaven,
then when I die I want to go
where they went."
Will Rogers, 1897-1935

Cabinets and Ceiling

The cabinets are pretty much set up, not necessarily all fixed in. The stain looks good. In the kitchen, the island cabinets have a black glaze, darker than the peripheral, and will look great with the stone tops. The ceiling turned out as good as we hoped. Once it's stained it should really compliment the look.


Kitchen view out the back. The sink will be under the middle window




Cooktop wall. The tall cabinet on the left is for the fridge. A stove hood goes between the wall cabinets




Bathroom cabinets. The tower cabinets aren't up yet.











Some boulders were moved to set up retention walls. This will help keep the hill from sliding down. More boulders planned. This is the south side of the house.

It's a Laugh

He asked "How long did this house take?"

Trimwork Starting

After some more delays and slowness, the trim guys restarted upstairs. We're waiting on an order of wood and supplies. The kitchen ceiling isn't started yet. Lori and I got the appliances for the kitchen ordered yesterday. We also started looking for hardware for the doors and cabinets. We saw a front door handle/lock that we liked a lot for the style and quality, until we found out it was $1600. We figured that was somewhat excessive for our needs.

Outside, some boulders got moved around and a few were placed in the driveway circle. These will be in an "island" in the turnaround with plants and trees. They also fortified the slope on the approach with boulders as retaining walls. I'll update with a picture later on that.

Footers were poured for the perimeter of the front patios, with concrete blocks layed out to hold in the patio. The concrete will go up to the bottom two levels, and above will form a sitting wall. That will be fronted with stone to match the other veneer.



Patio off the dining room, looking across the front entry


Front covered porch


The patio areas are larger than we pictured, which was a nice surprise. Blocking out the layout gives a different perspective, and it has turned out better than I initially was expecting (so far).

Inside, the upper level doors are mostly installed. They look good and should look great with the stain. Lots of glass in the doors keeps it open looking inside and keeps the light throughout. It stays very light.


These doors are viewed from the hall looking into the dining room. A fireplace is to the right and another set of similar doors on the other side. They swing in.



This view is from the hallway looking to the master bedroom. A set of double doors opens to a "vestibule". Looking straight through are the double sliding/pocket doors for the bath area. To the left is the bedroom.



From the sitting room into the master bedroom



Double door into the study from the front foyer. Behind me is an identical set into the dining room, another entry way than the double long glass doors.

The master shower tile work is moving along. Grouting has to be done. The light tile is travertine. The diamond tiles are "rain forest" marble, along with the seat and the border trim. Looks very nice so far.




The tape is holding up the upper tiles until the mortar dries.

The counter tops and tub deck will have the same rainforest marble.

While waitng for the wood delivery, they started installing cabinets. This is the laundry room. The wood is alder, same as all the rest will be. These cabinets are a little lighter than the rest, as we went with a downgrade model in the laundry and it didn't come with the black highlight stain that we used on the rest.


Coming up, more trim around windows and doors, kitchen ceiling and cabinets.