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Neil D. O'Toole

Neil D. O'Toole practices Workers' Compensation law on behalf of injured workers and has served as the president of the Workers' Compensation Education Association (WCEA) for two separate two-year terms. He is currently a WCEA board member. Neil has been appointed to the Colorado Division of Workers' Compensation Medical Treatment Task Forces for neck, back, shoulder, cumulative trauma, and brain injuries. He has argued multiple cases concerning Workers' Compensation either directly, or as amicus, before Colorado's Supreme Court and Court of Appeals. He also successfully argued before the Federal Court of Appeals and U.S. Supreme Court on First Amendment issues involving the evaluation of citizen initiatives. Neil was admitted to the Colorado Bar in 1979 and has practiced in the fields of workers' compensation and social security disability for over a quarter of a century. Neil was a Peace Corp volunteer in India 1966-68, after which he worked overseas for CARE for six years providing food relief and development assistance in numerous developing and war-torn countries.

Employment Experience

Law Office of O'Toole and Sbarbaro, P.C. - 1995 to Present
Workers' Compensation, Personal Injury, and Social Security Disability litigation.

Dallas, Holland & O'Toole - 1988 to 1995
Workers' Compensation, Personal Injury and Social Security Disability litigation.

Law Offices of Neil D. O'Toole - 1985 to 1988
Workers' Compensation, Social Security Disability, Personal Injury, and General litigation.

Lead Counsel Buckley v. American Constitutional Law Foundation, 525 U.S. 182,119 S. Ct. 636 (1999) Successful argument that the First Amendment prohibits States from limiting the circulation of citizen initiatives to registered voters.

Norton, Miller & O'Toole - 1981 to 1985
Workers' Compensation, Personal Injury, Criminal Defense, Domestic Relations, Social Security Disability, and General litigation.

Jefferson County, Colorado - 1980 to 1981
Deputy District Attorney - Prosecuted traffic misdemeanor violations and felony informations/indictments.

Holmes & Starr - 1977 to 1980
Associate - Commercial litigation support and research.

C.A.R.E. - 1970 to 1976
Overseas Representative - Administered feeding, development, and emergency, relief programs in East Pakistan (Bangladesh), Afghanistan, Tunisia, Haiti, Cambodia, and Mali.

Peace Corps - 1968 to 1970
Volunteer - Agricultural teacher; assisted in small-scale village sanitation programs in Mysore State (Karnataka), South India.

Education and Associated Activities

University of Pennsylvania Law School

J.D. 1979

Member of Jessup Cup Debate Team

President School Ethics Committee

and Student Council Bookstore manager.

University of Chicago,

School of Social Services Administration

M.A. 1970

St. Anselm's College

B.A. 1966

Major: Sociology

Minor: Philosophy

Bar Admissions

U.S. Supreme Court

U.S. Circuit Court

of Appeals (Tenth Circuit)

U.S. District Court (Colorado)

State of Colorado

State of New York

Professional Associations

Member AFL-CIO

President, Workers’ Compensation

Education Association (1990-1992) (2002-2004)

(representing interests on workers'

compensation issues;

Board Member 1990 - Present)

Board Member Workplace

Injury Litigation Group


National Organization of

Social Security Representatives

Colorado Trial Lawyers Association

American Trial Lawyers Association

Colorado Bar Association

Colorado's First Judicial

District Bar Association

Faculty of Federal Advocates


*2015 Recognized by the Workers' Injury Law & Advocacy Group

as one of "The Nation's Top Injured Workers' Attorneys."

*Colorado's Citizen Initiative

Again Scrutinized by the US. Supreme Court,

Neil D. O'Toole and John A. Sbarbaro,

28 Colorado Lawyer 671 (1999).

*The ADA: Strict Scrutiny Protection

for Disabled Workers,

21 Colorado Lawyer 733 (1992).

*Good Faith Exception to

the Exclusionary Rule,

11 Colorado Lawyer 410 (1982).

*Canon 9 of the Code of Responsibility:

An Elusive Ethical Guideline,

62 Marquette Law Review 313 (1979);

*Martindale - Hubbell AV Rated,

"Highest Possible Peer Review Rating

in Legal Ability and Ethical Standards"


Colorado Department of Labor

and Employment

Traumatic Brain Injury

Treatment Task Force (2003)

Occupational Carpal

Tunnel & Cumulative Trauma

Disorders Treatment Task Force (2002)

Spine/Lower Extremity

Treatment Task Force (2000)

Chronic Pain Treatment

Task Force (2001 - 2011)

Cervical Treatment

Guidelines Task Force (1997)

Shoulder Treatment Task Force (1997)

Case Management Treatment

Task Force (1994)