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Marijuana


ADAM LEE'S WIDOW: WORKERS' COMP PAYOUTS HALVED OVER POSITIVE POT TEST

Michael Roberts July 19, 2018 6:01AM

Adam Lee wearing a Loveland T-Shirt while posing with his kids in a photo shared
in October 2017. Facebook


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In May, the Occupational Safety and Health Administration issued a damning
preliminary report about the late-2017 death of forty-year-old Loveland Ski Area
employee Adam Lee, who suffered crushing chest injuries while working on the
Magic Carpet, a motorized beltway used to teach kids how to ski.

The document essentially characterizes Adam as an innocent victim. But his
widow, Erika Lee, says Pinnacol, the company that administers workers'
compensation payments in Colorado, is trying to withhold half of the money she
should be receiving to support her three kids because Adam's autopsy revealed
high levels of THC in his blood.

Of course, marijuana use is legal in Colorado. But the substance remains illicit
on the federal level, and this disconnect has led to controversy on multiple
fronts. Look no further than the 2015 ruling against Brandon Coats, a paralyzed
medical marijuana patient who was fired from his job at DISH Network following a
positive drug test despite a current MMJ license and a complete dearth of
evidence that he'd ever used cannabis on the job.

There are parallels between the Coats case and the situation involving Adam.
"They are claiming he was intoxicated," Erika says, even though postmortem tests
aren't able to determine if the THC was active or a remnant of previous use that
would have left him entirely sober at the time of his death. She maintains that
"no one is making them do this. But they're looking at this as a way to not pay
benefits. And the same thing is happening with Adam's life insurance," issued by
Sun Life.



RELATED STORIES

 * Loveland Ski Area Safety Violations in Adam Lee Death: His Widow Reacts
 * Mysterious Hour Before Adam Lee Was Crushed to Death at Loveland Ski Area
 * Adam Lee's Widow Upset by Silence Over His Loveland Ski Area Death


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While a recent Denver7 piece focused on the marijuana connection, the situation
as a whole isn't new. After the OSHA report was made public, Erika told us
that Loveland "is still fighting me. It was four months before we got any money
at all, and I still have only one-third of the workman's compensation — and
they've been trying to take away more of it away for safety rules Adam
supposedly violated. But the report shows Loveland was 100 percent involved."

In response, Loveland marketing director John Sellers offered the following
statement: "Loveland Ski Area is examining and assessing the findings received
from OSHA. Upon completion of our assessment of the findings, we will timely and
appropriately respond to OSHA."


The Magic Carpet at Loveland Ski Area after the accident.
Colorado Passenger Tramway Safety Board
He added: "We continue to mourn the death of Adam Lee and extend our thoughts to
his widow, children, family and friends."

The first major study of what happened to Adam was released by the Colorado
Passenger Tramway Safety Board in mid-January, but it raised as many questions
as it answered. Its authors revealed that there was nothing mechanically wrong
with the lift, even though Adam spent more than an hour beneath it. The Magic
Carpet only stopped after its mechanism was jammed by his body.

According to the CPTSB report, the Magic Carpet was fired up for the first time
on December 28, 2017, at around 9 a.m., and its operator "observed no indication
of mechanical or electrical problems with the conveyor."

At between 10:15 a.m. and 10:30 a.m. that morning, the operator saw Adam arrive
at what's described as the "top terminal."

Adam is said to have "smiled and waved to the operator as he opened the hatch
cover of the conveyor and accessed the crawl space" under it.

The report stressed that "the conveyor was in operation at this time and
continued to operate normally to the skiing public" — a statement that was
quizzical on two levels.



For one thing, the Magic Carpet's operator hadn't called for lift maintenance.
But neither did he shut off the beltway as Adam climbed under it even though
"industry standards prohibit the performance of maintenance beneath a conveyor
while the conveyor is in operation."

At 11:22 a.m., the Magic Carpet automatically stopped. The initial indication
was "an overspeed fault," the document maintains.

The beltway's operator responded by notifying lift maintenance of the problem,
and a repair worker arrived within minutes.

The report didn't say whether or not the employee was informed about Adam having
climbed beneath the lift around an hour earlier. Instead, it simply pointed out
that the staffer attempted to "clear the overspeed fault and restart the
conveyor belt," but "each restart immediately indicated a speed reference fault
and the belt did not move."

The repair worker suspected "an ice buildup on the drive or return roller that
was jamming the roller and prohibiting belt movement," the document continued —
so he accessed the top terminal crawl space and began looking under the
conveyor.



The maintenance tunnel beneath the Magic Carpet.
Colorado Passenger Tramway Safety Board
Doing so wasn't as simple as climbing into the aforementioned tunnel. Four bolts
had to be removed from the lower terminal hatch in order to take out the panel
above the tension roller.

That's when the employee "discovered the entanglement" caused by Adam's body.



The maintenance worker quickly cut the conveyor belt and pulled the tension
roller in order to extract Adam, who was rushed to a nearby medical center,
where he was pronounced dead. And as Erika interprets the OSHA report, all those
restarts resulted in tragedy.

"They started the Magic Carpet on him seven times," she says. "They told him to
go down there, and his backpack was there, his tools were there. They knew he
was down there, but they ran it seven more times. And if they hadn't, he'd still
be alive today."

Afterward, Erika accused Loveland representatives of trying to blame Adam for
his own death, even floating the theory that he was suicidal at one point. But
the OSHA report's authors made it clear that Loveland, as represented by its
owner, Clear Creek Skiing Corporation, erred when it came to enforcing safety
measures. The report notes fifteen total items of concern: thirteen marked
"serious," two designated as "other-than-serious."

The first citation maintains that Clear Creek didn't properly evaluate the space
under the Magic Carpet "to determine if this work space included any recognized
serious safety or health hazards that would classify the tunnel as a
permit-required confined space. This condition exposed employees to the hazard
of getting caught in the rollers and moving parts." Other complaints involve a
failure to forbid employees from going into the crawl space beneath the Magic
Carpet when it was running and an absence of procedures that would have
prevented the device from being switched on when someone was down there.


Adam and Erika Lee.
Facebook
Nonetheless, Erika is yet to receive all the workman's compensation payments she
believes she's due. "I'm supposed to get two-thirds of them," she notes. "The
first third was taken away because of social security, because they say I would
be double-dipping. But you're supposed to be able to live on the other
two-thirds — and they're taking away 50 percent of the benefits because of the
THC in his system."

In Erika's view, the OSHA analysis proves that "this was Loveland's fault, which
is what makes what's happening so devastating. They're not taking any
responsibility for it. They sent him under there, and it had nothing to do with
anything he had in his system."

According to her, "There's no rule that says Pinnacol can't pay everything.
They're choosing not to pay it. They could say, 'This is a widow with three
kids. Her husband was killed at work and she needs help.' And it's going to be
really hard to survive without the benefits I'm supposed to get."

After Adam's death, Erika moved back to Michigan, where the family had been
living prior to their arrival in Colorado. But she reveals that the clan is
returning to the state soon so she can take a job as a kindergarten teacher in
Georgetown. Her kids are thrilled, since they've missed their Colorado friends
and the support they received from members of Adam's family who live here. But
her salary is modest, and she'll need every dime to keep a roof over everyone's
head.

Right now, a hearing before an administrative law judge is slated for August 30,
and Erika is prepared to make her argument because "it's the right thing to do.
If I thought Adam caused what happened or that it was his fault, I wouldn't be
fighting it. And the laws don't match, which is going to make it even harder to
win. But I'm a widow with three kids, and they need to be provided for."

She emphasizes that "no amount of money will bring Adam back. But when you're at
fault for something, when you take away someone's life, you need to take
responsibility."



Click to read the May 2018 OSHA report about Adam Lee's fatal accident.
KEEP WESTWORD FREE... Since we started Westword, it has been defined as the
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Michael Roberts has written for Westword since October 1990, serving stints as
music editor and media columnist. He currently covers everything from breaking
news and politics to sports and stories that defy categorization.
Contact: Michael Roberts
Follow:
Facebook: Michael Roberts
Twitter: @mikerobertscolo



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Denver Government


HOW DENVER SOLVED THE TRAGIC MYSTERY OF ARNIS IRONNECKLACE

Michael Roberts June 24, 2022 8:21AM

A suitcase found near the body of Arnis Ironnecklace, which was discovered in
June 2021 near the Pecos exit on Interstate 70. denvergov.org


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On June 13, Westword published "Seventeen Bodies Denver Is Trying to Identify,"
which focused on efforts to discover the names of sixteen men and one female
infant who'd died in Denver between 1970 and 2021. But the Office of the Medical
Examiner, an agency operating under the auspices of the Denver Department of
Public Health and Environment, couldn't reveal until this week that one of the
mysteries had actually been solved seven days earlier.

On June 6, the office had identified the remains of Arnis Ironnecklace, who was
41 years old when he was found dead on the 4700 block of Pecos Street on June
16, 2021. According to DDPHE spokesperson Tammy Vigil, his identity was not
immediately made public in order to give staffers a chance to reach his
relatives. "An OME investigator has contacted his family, who lives out of
state, to advise them about his death," which was caused by "the combined toxic
effects of fentanyl and ethanol," she notes.

The breakthrough on Ironnecklace's identity was the second achieved by the
medical examiner's office over the past few months. In April, the DDPHE
announced that one of its staffers, Hanah Shimeall, had successfully ID'd a man
who'd died of natural causes 31 years earlier: Antonio Macias, a sixty-year-old
Arizona resident whose body was found in a parking space at 723 West Seventh
Avenue on September 9, 1990. On Facebook, the DDPHE wrote: "Thank you, Hanah,
for the difficult but important work you do to bring answers to families dealing
with tremendous grief."

Future efforts will be aided by a recent grant for a rapid DNA processor that
could help the OME put names to bodies that aren't identifiable through
fingerprints, dental profiles or any other tools. But more tried-and-true
methods were the key to identifying Ironnecklace, whose remains were found by a
land surveyor during an inspection near Interstate 70 and Pecos. While
Ironnecklace's race couldn't be determined and his age was roughly estimated at
"25-plus years," his wisdom teeth were present, and his body was found near a
multicolored suitcase.



RELATED STORIES

 * Seventeen Bodies Denver Is Trying to Identify
 * Alex Ewing Guilty Verdict Closes Book on Hammer Killer After 38 Years
 * Why Trial of 96-Year-Old Killer Won't Be Happening


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Federal authorities made the most of these clues, Vigil reveals: "We got some
help from the FBI, who used additional fingerprinting techniques to capture a
fingerprint from the decedent. That led to identifying him, since he had a
criminal record on file."

The recent success stories, as well as the DNA processor that will soon arrive
at the office, offer hope that Denver's medical examiner will be able to solve
the sixteen mysteries that remain. Here's information about each, in reverse
chronological order, with details from each listing, starting with the date the
body was found.

August 29, 2019
Hispanic or Native American male
Age: Twenty-plus years
Height: Five-one
Weight: 177 pounds
Hair: Black
Features: Brown eyes. Left ear is pierced three times. No tattoos.
Comments: This unknown male was found by a passerby walking her dog in Bear
Creek Park. The decedent was believed to be undomiciled.
Location: 3550 South Raleigh Street (Bear Creek Park)

February 22, 2002
Possibly Hispanic or Native American male
Age: Fifty-plus years
Height: Five-eight
Weight: 110 pounds
Hair: Gray with stubble on the face
Features: No front teeth. No tattoos or scars
Comments: This unknown male was found along the west bank of the South Platte
River by a cleaning crew. The decedent was believed to be undomiciled.
Location: Sixth Avenue near the Denver Waste Management building

December 16, 1999
Caucasian, Hispanic or Native American male
Age: 35-plus years
Height: Cannot be determined
Weight: 105 pounds
Hair: Cannot be determined
Features: N/A
Location: 4600 National Western Drive near South Platte River

February 25, 1999
Caucasian male
Age: 45-plus years
Height: Five-seven
Weight: Slight-medium build
Hair: Light brown with stubble on the face
Features: Evidence of previous dental work, found wearing a green shirt with the
word "MEXICO" on the front.
Location: 1135 Broadway

January 8, 1997
Hispanic male
Age: Twenty-plus years
Height: Five-seven
Weight: 160 pounds
Hair: Brown with a thin mustache
Features: Brown eyes. A name tattooed on the upper-left arm. A scar on the left
forearm
Location: Alley located at the 2400 block between South Julian Circle and South
Irving Street

January 26, 1996
Caucasian male
Age: Thirty-plus years
Height: Five-five
Weight: 150 pounds
Hair: Cannot be determined
Features: Degenerative bone disease. Antemortem tooth loss
Location: Storm drain at 5050 Humboldt Street



November 5, 1990
Caucasian male
Age: Thirty-plus years
Height: Five-seven
Weight: 120 pounds
Hair: Brown with stubble on the face
Features. Brown eyes. The decedent did not have any tattoos, scars or
identifying marks
Location: I-70 and I-25

June 8, 1990
Black female
Age: Newborn
Height: N/A
Weight: N/A
Hair: Black curly hair
Features: Cannot be determined
Location: 2860 North Ivanhoe Street



September 17, 1988
Caucasian male
Age: Sixty-plus years
Height: Five-eleven
Weight: 138 pounds
Hair: Gray with frontal balding
Features: Hazel eyes, edentulous [lacking teeth]
Location: Rio Grande West Railroad yard at Sixth Avenue and Navajo

June 7, 1987
Black male
Age: Twenty-plus years
Height: Six-one
Weight: 183 pounds
Hair: Black with short, black beard
Features: Possibly known as "Kinky." Has several tattoos on lower right leg,
including "GEMINI" and an outline of a wine glass. Found wearing a red, yellow,
green and black beaded necklace
Location: 1350 Columbine Street

January 30, 1987
Caucasian, Asian or Hispanic male
Age: Cannot be determined
Height: Six-one
Weight: 157 pounds
Hair: Black or brown
Features: Brown eyes
Location: Platte River near West 13th Street and Zuni Street

October 16, 1983
Hispanic or Native American male
Age: Twenty-plus years
Height: Five-seven
Weight: 136 pounds
Hair: Black with goatee
Features: Brown eyes. Multiple tattoos including: "Mary Jane" and "Rebelo E
Causa"
Location: 2300 block of West 32nd Avenue

March 21, 1981
Hispanic male
Age: Twenty-plus years
Height: Five-two
Weight: 111 pounds
Hair: Long, black hair with black mustache and sideburns
Features: Brown eyes
Location: 2600 block of West 17th Street

April 25, 1980
Hispanic or Native American male
Age: 35-plus years
Height: Five-ten
Weight: 123 pounds
Hair: Black with gray and a mustache
Features: Brown eyes and a tattoo of a female on left arm
Location: Under the 23rd Street viaduct

May 21, 1979
Caucasian male
Age: Thirty-plus years
Height: Five-seven
Weight: 117 pounds
Hair: Black
Features: Brown eyes
Location: 728 28th Street



September 8, 1970
Caucasian male
Age: Thirty-plus years
Height: Cannot be determined
Weight: Cannot be Determined
Location: Alley behind 2205 Larimer Street.

Click to access contact information for the Denver Office of the Medical
Examiner.
KEEP WESTWORD FREE... Since we started Westword, it has been defined as the
free, independent voice of Denver, and we'd like to keep it that way. With local
media under siege, it's more important than ever for us to rally support behind
funding our local journalism. You can help by participating in our "I Support"
program, allowing us to keep offering readers access to our incisive coverage of
local news, food and culture with no paywalls.
Make a one-time donation today for as little as $1.

Michael Roberts has written for Westword since October 1990, serving stints as
music editor and media columnist. He currently covers everything from breaking
news and politics to sports and stories that defy categorization.
Contact: Michael Roberts
Follow:
Facebook: Michael Roberts
Twitter: @mikerobertscolo



TRENDING NEWS

 * Kathy Sabine Leaving Late-Night Broadcast but Not 9News
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THE MOST VULNERABLE HOUSING MARKETS IN DENVER AND COLORADO RIGHT NOW

Michael Roberts June 24, 2022 7:47AM

A new report identifies the housing market in Adams County as the most
vulnerable in Colorado right now. YouTube


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The housing market in Denver and Colorado as a whole has been scorching hot in
recent years. But a new report reveals growing vulnerability in numerous
counties, including several along the urban corridor, when it comes to
underwater properties, which are worth less than the money owed on the loan used
to purchase them.

According to figures supplied to Westword by ATTOM Data Solutions, more than
40,000 properties were underwater in the eleven counties analyzed by the site
for the first quarter of 2022. And in several of the counties, buyers who want
to buy a house at current prices must devote more than 40 percent of their
income to this goal.

ATTOM's latest housing risk report analyzed 586 counties across the country,
using a methodology that considered first-quarter residential foreclosures, home
affordability and underwater property totals, as well as March unemployment
figures from the U.S. Bureau of Labor Statistics. The counties were ranked based
on the first-quarter percentage of residential properties with foreclosure
filings, the percentage of average local wages needed to afford what are termed
"the major expenses of owning a median-priced home," and the percentage of
underwater properties.

By these standards, New Jersey, Illinois and California had the highest
concentration of vulnerable housing markets during early 2022. Atop the roster
was Passaic, New Jersey, where 6,096 properties, or 7.3 percent of the total,
were considered underwater.



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In Colorado, the highest-ranking location was Weld County, which landed at 96 on
the rundown. There, 3,393 properties, or 4.3 percent of the total, were
underwater during the first quarter of the year; the amount of income needed to
buy a home for $455,590, the median price during that period, was 41.0 percent.

The Adams County housing market is considered the most vulnerable in greater
Denver; its national ranking was 118. Following closely behind were Pueblo and
Mesa counties. In contrast, Denver proper finished at 437, in part because
buyers had to earmark less money for housing: 30.7 percent of their income. But
the Mile High City still had 6,355 underwater properties at the end of March, or
4.2 percent overall.

Continue to see data for the eleven Colorado counties surveyed in the new
report. Information includes median sales price, the percent of income needed to
buy, the number and percentage of underwater properties, and the national
ranking.

Weld County
Metropolitan statistical area: Greeley
Median sales price: $455,590
Percent of income to buy: 41.0 percent
Underwater properties, Q1 2022: 3,393
Percent of underwater properties, Q1 2022: 4.3 percent
National ranking: 96

Adams County
Metropolitan statistical area: Denver-Aurora-Lakewood
Median sales price: $487,200
Percent of income to buy: 40.7 percent
Underwater properties, Q1 2022: 3,749
Percent of underwater properties, Q1 2022: 3.3 percent
National ranking: 118

Pueblo County
Metropolitan statistical area: Pueblo
Median sales price: $255,000
Percent of income to buy: 25.6 percent
Underwater properties, Q1 2022: 1,951
Percent of underwater properties, Q1 2022: 5.2 percent
National ranking: 124

Mesa County
Metropolitan statistical area: Grand Junction
Median sales price: $350,000
Percent of income to buy: 35.3 percent
Underwater properties, Q1 2022: 1,716
Percent of underwater properties, Q1 2022: 4.6 percent
National ranking: 137



El Paso County
Metropolitan statistical area: Colorado Springs
Median sales price: $453,000
Percent of income to buy: 38.2 percent
Underwater properties, Q1 2022: 5,650
Percent of underwater properties, Q1 2022: 4.3 percent
National ranking: 277



Arapahoe County
Metropolitan statistical area: Denver-Aurora-Lakewood
Median sales price: $490,000
Percent of income to buy: 32.4 percent
Underwater properties, Q1 2022: 5,038
Percent of underwater properties, Q1 2022: 3.3 percent
National ranking: 361

Larimer County
Metropolitan statistical area: Fort Collins
Median sales price: $507,145
Percent of income to buy: 42.8 percent
Underwater properties, Q1 2022: 3,651
Percent of underwater properties, Q1 2022: 4.1 percent
National ranking: 413

Denver County
Metropolitan statistical area: Denver-Aurora-Lakewood
Median sales price: $530,000
Percent of income to buy: 30.7 percent
Underwater properties, Q1 2022: 6,355
Percent of underwater properties, Q1 2022: 4.2 percent
National ranking: 437

Jefferson County
Metropolitan statistical area: Denver-Aurora-Lakewood
Median sales price: $549,900
Percent of income to buy: 40.5 percent
Underwater properties, Q1 2022: 4,574
Percent of underwater properties, Q1 2022: 2.8 percent
National ranking: 463

Douglas County
Metropolitan statistical area: Denver-Aurora-Lakewood
Median sales price: $675,000
Percent of income to buy: 45.8 percent
Underwater properties, Q1 2022: 2,739
Percent of underwater properties, Q1 2022: 2.9 percent
National ranking: 502



Boulder County
Metropolitan statistical area: Boulder
Median sales price: $675,000
Percent of income to buy: 41.5 percent
Underwater properties, Q1 2022: 2,707
Percent of underwater properties, Q1 2022: 3.5 percent
National ranking: 525
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Michael Roberts has written for Westword since October 1990, serving stints as
music editor and media columnist. He currently covers everything from breaking
news and politics to sports and stories that defy categorization.
Contact: Michael Roberts
Follow:
Facebook: Michael Roberts
Twitter: @mikerobertscolo



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