W.C. No. 4-397-698Industrial Claim Appeals Office.
November 20, 2001
ORDER
The respondents seek review of an order of former Administrative Law Judge Corchado (ALJ) dated November 30, 2000. We dismiss the appeal without prejudice.
Under § 8-43-301(2), C.R.S. 2001, a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989).
In light of these principles, we have previously held a general award of medical benefits is not final and reviewable unless the record demonstrates that liability for specific medical treatment was at issue. The rationale for these decisions is that the respondents maintain the right to contest the reasonableness and necessity for particular medical benefits. E.g. Rosas v. DDC Interiors Inc., W.C. No. 4-364-828 (August 18, 1999); Tiltin v. ABC Turf Care, W.C. No. 3-105-542 (August 18, 1994).
The ALJ determined the claimant’s low back condition was causally related to the 1998 industrial injury. The ALJ’s order requires the respondents to “pay for any treatment the Claimant received for his low back condition and for any necessary and reasonable treatment needed for the Claimant to reach maximum medical improvement for his work-related injuries, including his low back.” However, the ALJ’s order does not award or deny the claimant any particular medical benefit. In fact no particular benefit was requested. Rather, the parties only requested the ALJ adjudicate the issue of whether the low back condition was causally related to the industrial injury.(See Tr. pp. 5-7). Under these circumstances, the ALJ’s order is interlocutory and not currently subject to review. Director of Division of Labor v. Smith, 725 P.2d 1161
(Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated November 30, 2000, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2001. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed November 20, 2001 to the following parties:
Richard A. McCabe, P. O. Box 314, Parshall, CO 80468
Barbara Judd, TIC — The Industrial Company, P. O. Box 774848, Steamboat Springs, CO 80477
Kathy Redmond, St. Paul Fire Marine Insurance, P. O. Box 5410, Denver, CO 80217-5410
Steven J. Picardi, Esq., 777 E. Speer Blvd., #210, Denver, CO 80203 (For Claimant)
Christina Middendorf Smith, Esq., 2000 S. Colorado Blvd., #2-450, Denver, CO 80222-7910 (For Respondents)
BY: A. Pendroy