W.C. Nos. 4-214-775 4-216-001Industrial Claim Appeals Office.
February 27, 1996
ORDER
The respondents seek review of an order of Administrative Law Judge Wheelock (ALJ) dated March 16, 1995, and a “Corrected Order” dated October 10, 1995. The respondents contend that the ALJ erred in determining that Dr. Rook and Dr. Cramer are authorized treating physicians. We dismiss the petition to review without prejudice.
The ALJ’s pertinent findings may be summarized as follows. The claimant sustained a compensable injury in April 1994, and Dr. Gieringer became her authorized treating physician. On May 28, 1994, the claimant was involved in an unrelated motor vehicle accident. After the auto accident, the claimant received treatment from Dr. Rook. Dr. Rook referred the claimant to Dr. Cramer.
Following a hearing, which was designated as a “full contest,” the ALJ ordered the respondents to pay the medical expenses incurred by the claimant at the hands of Dr. Gieringer. The order was limited to expenses incurred before May 28, and the ALJ reserved “all other issues” for future determination.
On review, the respondents contest a finding of fact which states that Dr. Gieringer “approved” the treatment provided by Dr. Rook. The respondents also contend that, even if this finding is supported by the evidence, it does not justify the conclusion that Dr. Rook and Dr. Cramer are authorized physicians. For her part, the claimant argues that the ALJ’s order is not final and reviewable with respect to treatment provided by Dr. Rook and Dr. Cramer. We agree with the claimant, and therefore, dismiss the petition to review.
Pursuant to § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party “dissatisfied with an order” may file a petition to review “an order which requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty.” Orders which do not award or deny benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989); Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986). Moreover, some portions of an order may be final and subject to review while other portions remain interlocutory. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843
(Colo.App. 1989).
Here, the ALJ awarded medical benefits, but only for the treatment provided by Dr. Gieringer prior to the May 28, 1994 automobile accident. The ALJ has reserved determination of whether the respondents are liable for any treatment provided by Dr. Rook or Dr. Cramer, and consideration of issues relevant to that question. Therefore, the ALJ retains jurisdiction to determine the compensability of the treatment provided by Dr. Rook and Dr. Cramer, the ALJ’s order is not currently subject to review on the issues raised by the respondents.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s orders, dated March 16, 1995 and October 10, 1995, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
An action to modify or vacate this Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, with service of a copy of thepetition upon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed February 27, 1996 to the following parties:
Angela Griego, 2108 E. Kiowa, Colorado Springs, CO 80904
Old Town Learning Center, 721 S. 23rd St., Colorado Springs, CO 80904
Ronald D. Landes, 2501 W. Colorado Ave., Ste. 200, Colorado Springs, CO 80904-3063
Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)
Raymond F. Callahan, Esq., 3464 S. Willow St., Denver, CO 80231-4566 (For the Respondents)
James A. May, Esq. Steven U. Mullens, Esq., 90 S. Cascade Ave., #300, P.O. Box 2940
Colorado Springs, CO 80901-2940 (For the Claimant)
By: _____________________